100% found this document useful (8 votes)
6K views37 pages

Local Fiscal Administration

Download as pdf or txt
Download as pdf or txt
Download as pdf or txt
You are on page 1/ 37

Local Fiscal Administration

Definition
Local Fiscal Administration refers to systems, structures, processes,
officials and personnel, and the policy environment governing
intergovernmental, and inter-local fiscal relations, affecting among others:

— giving and receipt of allotments and grants from the National Government
(NG) to local government units (LGUs);

— allotment sharing between LGUs;

— sharing of taxing powers between the national government (NG) and


LGUs, and among LGUs;
— policy on tax rates and structure;
— revenue and expenditure planning;
— revenue utilization and expenditure allocation;
monitoring and approval budgets, tax ordinances
and other fiscal measures;
— policy on borrowing and borrowing instruments;
and
— appointment and supervision of local fiscal officers.
The definition underscores inter-governmental and
inter-local fiscal relations that transpire between
national and local governments and among the latter.

It also refers to revenue generation and revenue


allocation/utilization as part of the scope of local fiscal
administration.
Five major elements as the
scope of local fiscal administration
— Systems
— Structures
— Processes
— Official/personnel
— Policy environment governing inter-
governmental and inter-local fiscal
relations
— Fiscal Administration Organizing
The Principal Agencies tasked with
fiscal functions:
Ø Congress ,especially the lower house.
Ø Department of Finance
Ø Department of Budget and Management
Ø Commission on audit
Local Government Finances Fiscal relations between
national and local government centre on the following
major areas of fiscal administration:

1. Allotment of internal revenue shares


2. Shares of local governments in national wealth
exploitation
3. Shares of earnings of government agencies or
government owned or controlled corporations engaged
in the utilization and development of national wealth.
3. Local government borrowing
4. Review of local government budgets.
Aspects of local fiscal administration
The major aspects of local fiscal administration are
the fiscal relations between the national government
and local governments, and among the local
government units, to wit:
1. The fiscal relations between the national
government and its agencies, on the one hand,
and the LGUs on the other, which we may call
vertical financial relations. This is also referred to
in the literature as central-local fiscal relations,
with the Internal Revenue Allotments at its core;
2. The fiscal relations among LGUs themselves,
which may be referred to as the inter-local fiscal
relations.
Scope
Revenue Generations
- All aspects of local taxation
- Borrowing and its management
- Operation of public enterprises
- Revenue enhancement measures
- Revenue planning, forecasting and
accounting
Revenue Allocation and Utilization
— Budgeting system and process, including t
he linkage of planning and budgeting
— expenditure planning,
— expenditure allocation and expenditure
monitoring;
— Accounting and auditing of expenditures
Revenue Allocation and Utilization
-Budgeting system and process
-including the linkage of planning and
budgeting
-expenditure planning
-expenditure allocation and expenditure
monitoring
-Accounting and auditing of expenditures
— Other Aspects
- Property and supply management ,
Internal control which cuts across all fiscal
functions
-Other related matters, like the central
grant and allotment system, organization for
local fiscal administration, and
computerization of fiscal
operations/systems.
In public administration, local fiscal administration is
commonly referred to as the formulation,
implementation, and evaluation of local fiscal
policies by local governments.
Powers in Pursuance of Local Fiscal Administration

1. General Welfare Clause [Sec. 16, RA 7160]:

Every local government unit shall exercise the powers expressly


granted, those necessarily implied there from, as well as powers
necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the
general welfare.
Powers in Pursuance of Local Fiscal Administration

2. Power to Generate and Apply Resources [Sec. 18, RA


7160]
Local government units shall have the power and authority to
establish an organization that shall be responsible for the efficient and
effective implementation of their development plans, program objectives
and priorities; to create their own sources of revenue and to levy taxes,
fees, and charges which shall accrue exclusively for their use and
disposition and which shall be retained by them; to have a just share in
national taxes which shall be automatically and directly released to them
without need of any further action;
Powers in Pursuance of Local Fiscal Administration

3. Reclassification of lands [Section 20, RA 7160]

A city or municipality may, through an ordinance passed by the


sanggunian after conducting public hearings for the purpose, authorize the
reclassification of agricultural lands and provide for the manner of their
utilization or disposition in the following cases: (1) when the land ceases to
be economically feasible and sound for agricultural purposes as
determined by the Department of Agriculture or (2) where the land shall
have substantially greater economic value for residential, commercial, or
industrial purposes, as determined by the sanggunian concerned.
Powers in Pursuance of Local Fiscal Administration

4. Closure and opening of Roads [Sec. 21, RA 7160]

A local government unit may, pursuant to an ordinance,


permanently or temporarily close or open any local road, alley, park, or
square falling within its jurisdiction: Provided, however,That in case of
permanent closure, such ordinance must be approved by at least two-thirds
(2/3) of all the members of the sanggunian, and when necessary, an
adequate substitute for the public facility that is subject to closure is
provided.
Powers in Pursuance of Local Fiscal Administration

5. Corporate Powers [Sec. 22, RA 7160]

Every local government unit, as a corporation, shall have the following


powers:

(1) To have continuous succession in its corporate name;


(2)To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal property;
Powers in Pursuance of Local Fiscal Administration

6. Authority to negotiate and secure grants [Sec. 22, RA 7160]

Local chief executives may, upon authority of the sanggunian,


negotiate and secure financial grants or donations in kind, in support of the
basic services or facilities enumerated under Section 17 hereof, from local
and foreign assistance agencies without necessity of securing clearance or
approval therefor from any department, agency, or office of the national
government or from any higher local government unit: Provided, That
projects financed by such grants or assistance with national security
implications shall be approved by the national agency concerned.
Legal Basis for Local Fiscal
Administration

— Local revenue generation


— Taxation
— The central grant and allotment system
— Other special shares of LGU’s from national taxes
Republic Act No. 7160
Local Government Code of 1991
(a) It is hereby declared the policy of the State that the territorial and
political subdivisions of the State shall enjoy genuine and meaningful local
autonomy to enable them to attain their fullest development as self-
reliant communities and make them more effective partners in the
attainment of national goals. Toward this end, the State shall provide for a
more responsive and accountable local government structure
instituted through a system of decentralization whereby local government
units shall be given more powers, authority, responsibilities, and resources.
The process of decentralization shall proceed from the National
Government to the local government units.
Local Revenue

Section 5. Each local government unit shall have the power to


create its own sources of revenues and to levy taxes,
fees and charges subject to such guidelines and limitations
as the Congress may provide, consistent with the basic policy
of local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.
Local Revenue

Local Governments are authorized to create and formulate


projects as sources of revenue. As such, local governments
are authorized to issue bonds, debentures, securities,
collateral notes and other obligations to finance self-
liquidating, income-producing development and livelihood
projects.
Taxation
Sec 130. Fundamental principles – the following fundamental principles shall
govern the exercise of the taxing and other revenue-raising powers of local
government units.

(a) Taxation shall be uniform in each local government unit;

(b) Taxes, fees, charges and other impositions shall:

(1) be equitable and based as far as practicable on the taxpayer's ability

to pay;

(2) be levied and collected only for public purposes;

(3) not be unjust, excessive, oppressive, or confiscatory;

(4) not be contrary to law, public policy, national economic policy, or in

the restraint of trade;


Taxation
(c) The collection of local taxes, fees, charges and other impositions

shall in no case be let to any private person;

(d) The revenue collected pursuant to the provisions of this Code

shall inure solely to the benefit of, and be subject to the disposition

by, the local government unit levying the tax, fee, charge or other

imposition unless otherwise specifically provided herein; and,

(e) Each local government unit shall, as far as practicable, evolve a

progressive system of taxation.


Following political subdivisions
which have the power to tax

— Province
— City
— Municipality
— Barangay
Just Share in National Taxes

Section 6 Article X 1987 Constitution.

Local government units shall have a just share, as determined

by law, in the national taxes which shall be automatically released to


them.
Distribution of the Internal Revenue Allotment to
Local Government

Political Subdivisions Percentage Share


Provinces 23%
Cities 23%
Municipalities 34%
Barangays 20%

Share of each Province, City and Municipality


By population 50%
By land area 25%
By equal sharing 25%
Each Barangay should at least receive eighty thousand Pesos per

annum. The Local Government Code provides that local

governments shall have an equitable share in the proceeds derived

from the utilization and development of national wealth within their

respective areas and sharing these with the inhabitants by way of

direct benefits (Section 289).


Local governments, in addition to the internal revenue
allotment, have a share of 40 per cent of the gross collection
derived by the national government from the preceding fiscal
year from mining taxes, royalties, forestry and fishery charges,
other taxes, fees, or charges, including related surcharges,
interests or fines and from its share in any co-production,
joint venture or production sharing agreement in the
utilization and development of the national wealth within
their territorial jurisdictions (Section 290).
Other Laws and Government Issues

Local fiscal administration is also governed by


laws and issuances from the national agencies
that exercise supervisory power over local
government units.
Other Laws and Government Issues

Department of Budget and Management (DBM)

The DBM is primarily responsible for disseminating


information on Internal Revenue Allotment (IRA) allocation and the
local government’s share from the utilization and development of
national wealth. This information is used by local governments in
the budget preparation phase. Through its regional offices and the
Budget Finance Bureau, the Department releases the share of
internal revenue allotment directly to the provinces, cities,
municipalities and barangays.
Other Laws and Government Issues

Department of Finance (DOF)

The DOF, maintains the Bureau of Local Government Finance(BLGF)


which is the unit primarily involved in local financial administration. The
Bureau provides technical assistance and training for local governments on
local finance. It administers credit facilities such as the Municipal
Development Fund, and prepares guidelines and standards on matters
related to taxation, credit financing, and imposition of various fees and
charges. It also exercises technical supervision on local assessment and
treasury operations, and performs monitoring and evaluation of financial
performances.
Other Laws and Government Issues

Commission on Audit (COA)

The COA is primarily responsible for the accountability phase


of the local budget process. The Commission maintains the Local
Government Audit Office (LGAO), through which it 17 implements
auditing rules and regulations in local government units. The
Commission also “settles accounts and fixes the liability of
accountable officers, as well as determines whether fiscal
responsibility has been properly and effectively discharged by the
local chief executives.
Other Laws and Government Issues

Department of Interior and Local Government (DILG)

The DILG, upon which the supervisory power of the


President is reposed, at times issues guidelines which are
fiscal-related.

Office of the President (OP)

The President of the Philippines has general supervisory


power over the local government units, as provided by
Section 4 of the 1987 Constitution. As such, the OP still
issues from time to time executive or administrative orders
that affect local government units.

You might also like