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Lesson 10

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47 views63 pages

Lesson 10

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HISTORY

OF
PHILIPPINE LOCAL
GOVERNMENT
Pre-Colonial Period
BARANGA
Y
 Malay word which means sailboat
 earliest form of government
 consist of 30 to 100 families
 usually situated along a riverbank
or the mouth of a river spilling out
to the sea
Who rules the
Barangay?
DATU/RAHA/RAJAH
 prime duty is to rule and govern his
subjects, to promote their well-being
 the chief negotiator, legislator, and
judge (in times of peace)
 supreme commander of the
warriors (in times of conflict)
 not an absolute ruler
 his authority is limited by traditional
body of customs and procedures
(Renato Constantino, 1975)
How is the position
obtained?
 by inheritance
 through display of his prowess and
valor in battle
 by proving his leadership skills or other
traits useful for the barangay’s survival
 if no heir, the people choose a new
datu on the basis of his wisdom, wealth,
and physical strenght
 if a man has a mystical ability
(babaylan), he may be a candidate for
community leadership
Political Lens of the
Archipelago
1. There was no national or
central government.
2. There was no datu strong enough
to consolidate considerable power
and to unite the archipelago into
one nation.
3. Women’s rights and abilities were
recognized during the Pre-Spanish
times.
4. The people of the barangay choose a
man to become the new chieftain on
the basis of his wisdom, wealth, and
physical strength.
Spanish Period (1521-
1898)
• Lack of unity among the warring
barangays made conquest easier for
the Spaniards
• Gradually, the datus were shorn of their
powers
• The Spaniards organized pueblos
(municipalities), cabildos (cities), and
provincias (provinces).
Spanish Period (1521-1898)
Spanish Conquest and
Centralism
– The provinces were established “for the
convenience of administration and constituted
the immediate agencies through which the
central government could extend its authority on
numerous villages.”
– In place of the barangays, barrios were
established, and the datus were made into
cabezas de barangay whose only remaining
function was the collection of taxes for the Spanish
government.
– There was a fundamental transformation of a datu,
from a community leader to a servant of the
town’s parish priest and constabulary officer
Local Governments during the First Philippine
Republic
– The importance of local governments was
recognized by Gen. Emilio Aguinaldo and
Apolinario Mabini in their program of government
for the First Philippine Republic.

– Fillipino leaders knew that “if a strong and


enduring Filipino nation was to be
established, it must be able to maintain
itself in all emergencies, and the whole
political fabric must be well founded on an
efficient system of local governments”.

– The Malolos Constitution provided a separate


article on local government (Title XI, Article 82).
Local autonomy was made explicit in the
introductory portion which stipulated that “the
organization and powers of the provincial and
municipal assemblies shall be governed by their
respective laws.”
Local Governments during the
American Regime
• The Filipino ruling elite immediately and willingly
collaborated with the Americans to preserve their
local power.
• Their child-like acceptance of the new colonizer’s
ideas of modernity and statehood proved to be
the start of political dynasties.
• The operation of Filipino National Politics had its
origins in the municipal and provincial elections
(Michael
of 1901- 1902.Cullinane)
Local Governments during the American
Regime

– The Americans contributed very little, if at all,


to the development of local autonomy. In fact,
national- local relationship reverted to the
strong centralism that characterized the
Spanish colonial regime. .”The Commission’s
blueprint for town organization provided or a
President to be elected by residents of the
town with the approval of the Commanding
Officer. His duty consisted in the
establishment of a police force, collection of
taxes, enforcement of regulations on market
and sanitation, establishment of schools, and
the provision for lighting facilities.
The Commonwealth and Centralism

– The forms and patterns of local government


during the American civil administration
remained essentially the same during the
Commonwealth period. The only notable
changes were the transfer of central
supervision from the Executive Bureau to the
Department of Interior and the creation of
more chartered cities.

– President Quezon, the central figure of the


government during this period, even argued
against autonomy in the cities, hinting that
“under the unitary system of government
which exists in the Philippines, the national
chief executive does and should control all
local offices.”
Local Governments under the
Republic
–The national government was
supreme and local
governments were merely its
political and administrative
subdivisions. Most of the
formal and real powers are
vested and exercised by the
national government. Local
units, however, possessed a
certain degree of autonomy.
Marcos Years (1972-
1986)
 Ministry of Local Government was
instituted to invigorate provincial,
municipal, and barangay
 but, Marcos real purpose was to establish lines of
authority that by passed provincial governments
and ran straight to Malacañang
 All local officials were beholden to Marcos, who
could appoint or remove any provincial
governor or town mayor.
 Those administrators who delivered the votes
Marcos asked for were rewarded with
Community Development Funds (CDF) to spend
any way they like.
Post People Power Revolution

 The Aquino Government replaced all the local


officials who had served Marcos
 Political ally, Aquilino “Nene” Pimentel was
tasked to name OIC of local governments all
across the nation
 Local officials elected in 1988 were to serve until
June 1992, under the transitory clauses of the new
constitution.
 Thereafter, terms of office were to be 3 years,
with a 3 term limit.
 On October 10, 1991, The Local Government Code
1991 (R.A.7160) was signed into law. This Code
ordained an authentic and workable local
autonomy through the devolution of certain powers
from the national government to the local
governments.
STRUCTURE
OF
LOCAL
GOVERNMENT
What is LGU?
1. DUAL NATURE (Sec. 15, LGC)
• a.as a body politic (political subdivision of
NG)
• b.as a corporate entity
(represents the inhabitants of its
territory)
2. DUAL FUNCTION
• a. Governmental-health, safety, and the
advancement of the public good or
welfare as affecting the public generally
(an agency of the NG)
• b. Proprietary-when engage in corporate
activities, it acts as an agent of the
community in the administration of local
affairs
FRAMEWORK
• 1. Local Autonomy- is • 3. Accountability-
the exercise of certain accountable to the
basic powers, i.e. local community for
police power, power of the way the local
eminent domain, and government officials
taxing power, behave in carrying out
by local government their local
units government
so as to best serve the responsibilities.
interest and promote • 4. Participative
the general well being governance-refers to
of their inhabitants. one of many public
• 2. Decentralization- institutional strategies
the transfer of authority that contribute to
from central to local shared visions in
government planning, budgeting,
and monitoring of
development policies
and programs. These
institutional strategies
should involve citizens
more directly to
decision- making
processes, without
disregarding
representational
democracy
3 Inherent Power of the State are
exercised by LGU
• 1. Police Power-the power vested in the
legislature by the Constitution to make,
ordain, establish all manner of wholesome
and reasonable laws for the good and welfare
of the State and its people.
• 2. Eminent Domain-the right or power of
the sovereign state to appropriate private
property within the territorial sovereignty
for public purpose.
• 3. Taxing Power-the power to create its
own sources of revenues and to levy taxes,
fees, and charges subject to limitations as
congress may provide, consistent with the
basic policy of local autonomy. Such taxes,
fees, and charges shall accrue exclusively to
the local governments. [sec 5, article x, 1987
constitution]
Sources of Revenues of LGU
• Local taxes, fees, and charges
• Share in the national internal revenue
taxes (40%)
• Share in the proceeds of the
utilization and development of the
national wealth within their
respective areas (40% gross
collections)
• Share from any government
agency or owned or controlled
corporations (1% of gross sales,
40% royalties)
• Other sources or revenue which the
LGUs may legitimately make use either
in their public or governmental
capacity or private or proprietary
capacity
Levels of Local Government
1. AUTONOMOUS REGIONS
a. Autonomous Region in Muslim Mindanao (ARMM)
 created by the virtue of RA 6734 (An Act Providing
for the ARMM
 expanded by the virtue of RA 9054 ( An Act to
Strengthen and Expand the Organic Act for the
ARMM)
 Is the region, located in the Mindanao island group
of the Philippines, that is composed of
predominantly Muslim provinces, namely: Basilan
(except Isabela City), Lanao del Sur,
Maguindanao, Sulu and Tawi-Tawi.

 It is the only region that has its own


government. The regional capital is at Cotabato
City, although this city is outside of its
jurisdiction.
 The executive is the Regional Governor, it has
its own Regional Legislative Assembly lead by
the Speaker (24 seats)
ARMM powers and
basic principles
RA 9054
• provides that ARMM "shall remain an
integral and inseparable part of the
national territory of the Republic." The
President exercises general supervision
over the Regional Governor. The
Regional Government has the power to
create its own sources of revenues and
to levy taxes, fees, and charges,
subject to Constitutional provisions and
the provisions of RA 9054. The Shariah
applies only to Muslims; its applications
are limited by pertinent constitutional
provisions(prohibition against cruel and
unusual punishment).
ARMM INTER-GOVERNMENTAL
RELATIONS
• Supervision of LGUs in ARMM is
under the DILG-Central Office by
virtue of Administrative Order No.
273 signed by PGMA in 2009
contrary to the provision of the RA
9054 which belongs to the Regional
Governor
• Representation of ARMM in the
organs of the National Government
Levels of Local Government
b. Cordillera Administrative Region (CAR)
• 6 provinces -Abra, Benguet, Mt. Province,
Kalinga, Apayao, and Ifugao)
• Created July 15, 1987, EO 220 (Pres. C. Aquino)
• Home to ethnic tribes commonly known as Igorot
• RA 6766 (1989) and on Jan. 29, 1990,
autonomy failed except in Ifugao
• RA 8438 (1997) and a region wide referendum
(March 7, 1998) also failed
• The reasons for rejection were thought to be
fear of the unknown and campaigning for a no
vote by mining companies that feared higher
taxation.
• The SC voided CAR, saying that Congress never
intended that a single province could constitute
an AR.
• A bill creating an autonomous
Cordillera was filed in Congress in
2014
• But it was not backed by
strategic politicians in the region
due to lack of support from the
national government
• In 2017, all provincial congressmen
within the CAR jointly filed a new Bill
creating an autonomous Cordillera
• the first time in three decades where
all provincial district representatives
called in unison for autonomy.
• The move was made due to the
election win of President Duterte,
who publicly supported the creation
of an autonomous Cordillera.
Levels of Local Government
• 2. PROVINCES
 highest level LG
 organized into component cities
and municipalities
 governed by the governor and a legislature
known as Sangguniang Panlalawigan
 there are 80 provinces at present,
further subdivided into component
cities and municipalities.

.
SEC. 459. Role of the
Province
• The province, composed of a cluster
of municipalities, or municipalities
and component cities, and as a
political and corporate unit of
government, serves as a dynamic
mechanism for developmental
processes and effective governance
of local government units within its
territorial jurisdiction
Levels of Local Government
• 3. CITIES AND MUNICIPALITIES
• A municipality (Filipino: bayan; munisipalidad) is a local
government unit in the Philippines.
• Municipal government is divided into 3-
– 1. component cities-Cities which do not meet the above requirements are
considered component cities of the province in which they are
geographically located. If a component city is located within the
boundaries of two (2) or more provinces such city shall be considered a
component of the province of which it used to be a municipality.

– 2. independent cities-Cities whose charters prohibit their voters from


voting for provincial elective officials. Independent component cities are
independent of the province. There are five such cities: Dagupan,
Cotabato, Naga,Ormoc and Santiago.

– 3. Municipalities (or towns)


• They have been granted corporate personality enabling them to
enact local policies and laws, enforce them, and govern their
jurisdictions.
• They can enter into contracts and other transactions through
their elected and appointed officials and can tax.
• Cities and municipalities are governed by mayors and
legislatures, which are called Sangguniang Panlungsod in cities
and Sangguniang Bayan in municipalities.
SEC. 440. Role of the
Municipality
• The municipality, consisting of a
group of barangays, serves primarily
as a general purpose government for
the coordination and delivery of
basic, regular and direct services
and effective governance of the
inhabitants within its territorial
jurisdiction.
SEC. 448. Role of the
City
• The city, consisting of more
urbanized and developed
barangays, serves as a general-
purpose government for the
coordination and delivery of basic,
regular, and direct services and
effective governance of the
inhabitants within its territorial
jurisdiction
Levels of Local Government
4. BARANGAYS
 every city and municipality is divided into
barangays
 smallest of the LGU
 further divided into sitios and puroks
 A barangay’s executive is the punong
barangay or barangay captain and its
legislature is the Sangguniang Barangay
(SB)
 the SB composition-brgy. captain, brgy.
kagawad, SK Chairman
 Sangguniang Kabataan (SK) is a separate
assembly for youth
SEC. 384. Role of the Barangay

– As the basic political unit, the


barangay serves as the :
• the primary planning and implementing
unit of government policies, plans,
programs, projects, and activities in the
community,
• and as a forum wherein the collective views
of the people may be expressed,
crystallized and considered, and where
disputes may be amicably settled.
2 Branches of Local
Governments
• 2 Branches-
• 1. Executive
• 2. Legislative
• All courts are under the Supreme
Court of the Philippines
• There are no local government
controlled judicial branches.
• Local governments have no
prosecutors or public defenders, as
those are under the jurisdiction of the
NG.
Classification

• The Local Government Code of 1991 (Republic


Act No. 7160) classifies all cities into one of
three categories:

Highly Urbanized Cities - Cities with a


minimum population of two hundred thousand
(200,000) inhabitants, as certified by the National
Statistics Office, and with the latest annual
income of at least Fifty Million Pesos
(P50,000,000.00) based on 1991constant prices,
as certified by the city treasurer. There are
currently 33 highly urbanized cities in the
Philippines, 16 of them located in Metro Manila.
Income Classification

• Cities are classified according to average annual


income based on the previous 3 calendar years.
Effective July 28, 2008 the thresholds for the
income classes for cities are:
Class Average annual income
First PHP 400 million or more
Second PHP 320 million or more but less than
PHP 400 million Third PHP 240 million or more
but less than PHP 320 million Fourth PHP 160
million or more but less than PHP 240 million
Fifth PHP 80 million or more but less than PHP
160 million Sixth below PHP 80 million
Classification Provinces

• Are classified according to average annual


income based on the previous 3 calendar years.
Effective July 28, 2008 the thresholds for the
income classes for cities are
Class Average annual income
First ₱ 450 million or more
Second ₱ 360 million or more but less than ₱
450 million
Third ₱ 270 million or more but less than ₱ 360
million Fourth ₱ 180 million or more but less than
₱ 270 million Fifth ₱ 90 million or more but less
than ₱ 180 million Sixth below ₱ 90 million

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