Nature and State of Local Government

Nature and State of Local Government
Prosperina Domingo Tapales
Austine Campos
Maria Michaela Joyce V. Rivero
Erika Kristel Romero
Rio Arabelle Salvacion
Federal Government vs. Unitary Government
Unitary government
- power is held by one central authority
- the central government is the nation as a whole
- the central government possesses much authority and decision-
making power
- Places most power in the hands of central government officials
- Ex. Philippines – the supervision over local governments is done
by the national government
Federal Government
- power is divided between national (federal) government and
local (state) governments
- the central government are the states or provinces
- power is split between a central government authority and its
constituent states
- Allocates strong power to units of local government within a
country
- Ex. US Canada or India – have quasi sovereign states; supervise
units called infra sovereign local government
Local Government
- Accdg to UN, “political subdivisions of a nation or state”; parts of

the government of a nation or state of a country
- Element of subordination; LG as subordinate entities
- Element of territorial boundary
While LG do not have inherent powers, they do have legal authority

to exercise their powers.
- The LG possess the rights to regulate their own affairs
Salient Features and
Distinctions
Layers of Local Authority
Within the subordinate local governments
exists hierarchy of authority.
Humes and Martin 1969

 Except in Switzerland and very few countries
◦ There are at least two tiers of local
government.
Intermediate Units of Local Government
 Coordinate services in a larger area and
 Supervise lower levels of local authorities
Provinces
Counties
Prefecture
Changwat
Special structures such as regional or
metropolitan governments
Basic Units of Local Government
 Below the intermediate units of local
government.
 Those performing services for people who live
together in a community.
Cities
Municipalities
Townships
Districts
Panchayat
Tambon
Basic Units of Local Government (con’t)
Perform services which include

sanitation,
sanitation protection of lives
and property,
property and provision of
public utilities.
utilities
Basic Units of Local Government (con’t)
In a few countries, a lower and

smaller form of local government
constitutes the sub-municipal level
 BARANGAYS in the Philippines
 PARISHES in the United States
 MAHALLE in Turkey
International Union of Local
Authorities (IULA)
◦ Noted that the number of tiers of local

government depends on geography,
population, number of basic units, and
degree of centralization (Humes and Martin
1969).
The Philippines’ several layers may be

attributed to its geographic
peculiarities, centralist experience and
the historical basis of its barangays.
barangays
UN 1962
 Prescribed at least two levels of the local
government
 Lower Level
To assume a sense of community where the direct
citizen participation in services is possible
 Higher Level
 to cover the largest area from which most technical
services can be provided efficiently
 In Some Countries – Sub-municipal units

Where actual face-to-face relationships exist which
make for greater participation – barangays in the
Philippines
Field Organization and Local Government
Field offices
– perform specific governmental
functions in designated areas, and the
nature of their delegated functions is
administrative (Fesler 1949).
Heads of Field Offices
◦ Appointed, generally by the head of the national
agency or ministry.
◦ Delegated with certain powers: appointment of
subordinate field employees and budget
accountability.
Local Governments
- perform a number of services, and
the authority they exercise is political in
nature.
 The Political Powers include:
Power of Legislation through locally elected

or selected councils which also exercise the
power of taxation
Local Governments officials

 Make political decisions, like earmarking revenues
for different projects for the public good.
---decisions generally take the form of ordinances
Local Governments as General Purpose
Authorities
Local Government distinguished from
Special Purpose in terms of function.
 Special Purpose authorities

– perform only one (or limited)
function.
 Local Government
– perform multiple functions
Local Governments as Municipal
Corporations
According to US judge Dillion
◦ A municipal corporation in its strict and proper sense, is the
body politic and corporate constituted by the incorporation
of the inhabitants of a city or town for the purpose of local
government thereof. Municipal corporations….are
established by law partly as an agent of the state to assist in
the civil government of the country but chiefly to regulate
and administer the local internal affairs of the city, town or
district incorporated.
(Quoted by Sinco and Cortes 1955: 23-24)
Corporations
Functions of Municipal Corporation
Governmental (Public)
Private (Corporate or Proprietary)
Corporations
◦ In the Philippine context, Sinco and Cortes said

that a local government performs dual role:
 As an instrumentality of the national government

 As a local government
Rationale for Local
Government
The emergence of central governments
WEAKENED the strength and sovereignty
enjoyed by the city states.
Itprovides a sense of identity to distinct

communities.
 Third
World countries – centralization of
government was brought by colonization
The leaders served as useful mediators for

the invaders consolidating their powers.
In Area and Power by Maas
◦ The local government is presented as a manner
of dividing power by area or territory.
Ylvisakersaid that the rationale for local
government were liberty, equality and
welfare.
◦ L.G. promotes liberty

 By providing additional and more readily
available points of access, pressure and
control
It promotes equality
◦ By providing for wide-scale participation and

fostering and;
◦ On the part of the gov’t, it provides
responsiveness and flexibility
It provides welfare or service
◦ That demands will be heard and that needs will

be served
The potentially inconsistent task of local
government accdg. to Pierce:
 L.G. act as the vehicle of local democracy,

providing services responsive to local
needs and conditions.
 LG must constitute the local branch of the

nation-state administrative apparatus,
executing state policies in key policy areas.
Maddick points out that the creation of
local government units is advantageous for
the promotion of rural development.
◦ This overcomes sectoral divisiveness of separate

government agencies
LG is a means of dividing functions,
powers and services by area.
It is a means by which people identify

themselves individually and with each
other. This is especially in ethnically
homogeneous communities.
LOCAL GOVERNMENT SYSTEMS
Alderferclassified local government
system into 4 basic types: French, English,
Soviet and Traditional.
◦ French
 Hierarchical and centralized
 Executive domination and legislative
dominance
English
◦ Decentralized
◦ Legislative dominance
◦ Soviet
 Hierarchical but decentralized
 One party
Traditional
◦ Headman
◦ Council of elders
IULA
◦ There is an obvious resemblance between the
structures of local government in neighbouring
countries.
◦ It is classified in terms of geography and culture
Anglo-Saxon
◦ UK, Australia, Union of South Africa, Canada
and US.
◦ Central and North West Europe

 Germany, Austria, Switzerland, Netherlands,
Belguim and Luzembourg
East Europe
◦ Soviet Union, Poland, Bulgaria and Yugoslavia
South Europe
◦ France, Italy, Greece, Spain and Portugal
West Asia and North Africa
◦ Islamic countries
South Asia and East Africa
◦ India, Sri Lanka, Malaysia, Burma, Sudan and
Ethiopia
East Asia
◦ Thailand, Philippines, Japan
Local units impose
◦ Real property tax
◦ Tax on businesses
◦ Cities and municipalities

 Amusement tax
Local Autonomy
And other concepts
Local Autonomy
The degree of self determination
exercised by a local government unit
The power of the local government to run

its own affairs
Is attained through Decentralization

Decentralization
the transfer of responsibility for
planning,
management, and resource raising
and allocation from the central
government
FORMS OF DECENTRALIZATION
Deconcentration
- administrative in nature
- the transfer of functions from the national
office to the regional and local offices
 Devolution
- transfer of power and authority from the
central government to local government
units
- strenghtening or creation of independent
levels and units of government
Varies according to:
- the policies of the central government

units
- the capability of respective local govern-

ment units to exercise their vested powers
Extent of Local Autonomy

Resources
Leadership Potentials
Administrative Capabilities
* Basis for determining the powers,

functions and services to be devolved to
them
How can decentralization be

effective?
HISTORICAL BACKGROUND OF
LOCAL GOVERNMENT IN THE
PHILIPPINES
Pre-Spanish Barangays
 Datu
- exercised all the executive, legislative and
judicial powers
- consults with a Council of Elders
 Panday or Blacksmith
- took care of technology and forming the
tools used for domestic activities
 Babaylan
- took charge of the cultural and scientific
aspects of life
PHILIPPINES
PHILIPPINES
Spanish Conquest
- awarding of parcels of lands
- creation of:
Cabildos (Cities)
Pueblos (Municipalities)
Provincias (Provinces)
- Barangays were reduced into Barrios
- Datus were demoted into Cabezas de
Barangay
PHILIPPINES
LocalGovernments during the 1st Phil.
Republic
- the importance of local governments

was recognized by Gen. Emilio Aguinaldo
and Apolinario Mabini
- The Malolos Constitution provided a

separate article on Local Government
PHILIPPINES
Local Government during the
American Regime
- continued the centralization brought by
the Spaniards
- Provincias (Provinces)
Cabildos (Cities)
Pueblos (Municipalities)
 The Centralism
- the creation of more chartered cities
PHILIPPINES
Local Governments under the Republic
- national government was supreme; local
governments were merely political and
administrative subdivisions
- local governments have a certain degree of
autonomy
- Martial Law
 Local Governments at Present
- the government became more responsive
to the lower units of the government
- Local Government Code of 1991
Structures and Functions of
Philippines Local Government
Local Government Code of 1991 provides for
devolution of powers, the Philippines remains
unitary state.
LocalGovernments are creatures of the national

governments.
National Government
 by law Creates , merges, or abolishes local government
units, endows them with powers within their jurisdictions
and determines national – local government relations.
First Local Government code
◦ Enacted in 1983 by Bats Pambansa 337
 500 population for Barrios, such as the Congress
and the President abused their power of creation.
LGC 1991
◦ Province
 land area: 2000 square kilometers as certified by
the Lands Management Bureau
 Population: not less than 250, 000 as certified by
the National Statistics office
 Income: at least P20 M, as certified by the
Department of Finance
LGC 1991 (Cont)
◦ Cities:
 land area: 100 square kilometers
 Population: 150, 000
 Income: at least P20 M
◦ Municipality
 land area: 50 square kilometers
 Population: 25, 000
 Income: minimum, P 2.5 M
◦ Barangay
 Population: at least 2, 000 (only criterion)
LGC 1991 that:
Mandates
◦ the residents of the areas affected by the
criterion should approve the measure in a
plebiscite.
◦ The creation of the local unit “ shall not reduce
the land area, population and income of the
original unit or units at the time of the creation
to less than the prescribed minimum
requirements” (Sec. 8)
Tiers of Local Government
Several Levels of local authority in the
Philippines:
◦ Province – the intermediate unit, providing
supervision to the municipalities and
component cities under it, and performing
services for the national government.
◦ Basic units of local government
 Cities and Municipalities
 Performing services for people who live together
in a community
◦ Submunicipal unit – Barangay, provides the
opportunity for face-to-face interaction among
the people.
BP 337
2 Classification of Cities
◦ Component cities – under the direct
supervision of the province
◦ Highly Urbanized Cities

- Viable enough to perform their functions and
services and thus allowed to retain their
autonomy from the province.
OFFICIALS
Provincial Level
Governor
Vice
Governor
Members of Sangguniang Panlalawigan
Cities and Municipalities

Mayor
Sangguniang Bayan (Municipality)
Sangguniang Panlungsod (City)
Other Elected Officials
Local Presidents –
League of Barangays
Presidents – Local
Federation of
Sangguniang Kabataan and Sanggunian
Members
3 sectoral representatives
◦ Women
◦ Workers (agricultural, industrial)
◦ Special sector (indigenous groups, urban poor
or disabled)
Appointive Officials
Province
◦ Secretary (Sanggunian)
◦ Treasurer
◦ Assessor
◦ Accountant
◦ Budget Officer
◦ Planning and Development Coordinator
◦ Engineer
◦ Health officer
◦ Civil Registrar
◦ Administrator
◦ Legal officer
Services
◦ Under the Local Gov’t Code, all local units
should administer 5 basic services: Agriculture,
Health, Social Welfare, Maintenance of public
works and highways and Environmental
protection.
Funds
◦ From taxes in order to support their activities
◦ Main source– internal revenue tax which is
shared by the national gov’t
◦ Sharing schemes
 34% municipalities
 23% cities
 23% provinces
 20% barangays
Internal revenue allotment other criteria:
◦ 50% population
◦ 25% area
◦ 25% equal sharing
Special Local Government Units
Two types:
-Autonomous Region in Muslim Mindanao
- Metropolitan Manila Development Authority
ARMM
- covered by RA 6734; intention to provide a form of government
which would respond to the needs of Muslim areas
MMDA
- functions over Metro Manila – development planning,
transportation and traffic management, solid waste
disposal, flood control and sewage management, urban
renewal, health and sanitation, pollution control and
public safety.

Nature and State of Local Government

Uploaded by

Copyright:

Available Formats

Nature and State of Local Government

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Nature and State of Local Government

Uploaded by

Copyright:

Available Formats

Nature and State of Local Government

Prosperina Domingo Tapales

- Accdg to UN, “political subdivisions of a nation or state”; parts of

While LG do not have inherent powers, they do have legal authority

Humes and Martin 1969

Perform services which include

In a few countries, a lower and

◦ Noted that the number of tiers of local

The Philippines’ several layers may be

 In Some Countries – Sub-municipal units

 The Political Powers include:

Power of Legislation through locally elected

Local Governments officials

 Special Purpose authorities

Functions of Municipal Corporation

◦ In the Philippine context, Sinco and Cortes said

 As an instrumentality of the national government

Itprovides a sense of identity to distinct

The leaders served as useful mediators for

◦ L.G. promotes liberty

◦ By providing for wide-scale participation and

◦ That demands will be heard and that needs will

 L.G. act as the vehicle of local democracy,

 LG must constitute the local branch of the

◦ This overcomes sectoral divisiveness of separate

It is a means by which people identify

◦ Central and North West Europe

◦ Cities and municipalities

The power of the local government to run

Is attained through Decentralization

- the policies of the central government

- the capability of respective local govern-

Extent of Local Autonomy

* Basis for determining the powers,

How can decentralization be

- the importance of local governments

- The Malolos Constitution provided a

LocalGovernments are creatures of the national

◦ Highly Urbanized Cities

Cities and Municipalities

You might also like