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PHILIPPINE LOCAL
GOVERNMENT SYSTEM
Prepared by:
Vladymhir Pascual
Nicky James Cunanan
MPA 203 Local Governance & Administration
Prof: Jo B. Bitonio, DPA
ROLE OF THE LOCAL GOVERNMENT IN
DEVELOPMENT
Sec. 2. Declaration of Policy
The territorial & political subdivisions of the State shall
enjoy genuine and meaningful local autonomy to enable
them to attain their fullest development as self-reliant
communities & make them more effective partners in the
attainment of national goals; provide a more responsive and
accountable local government structure instituted through a
system of decentralization whereby LGUs shall be given more
powers, authority, responsibilities, and resources.
LGUS ROLE IN DEVELOPMENT
(c) national agencies and offices are required to conduct
periodic consultations with appropriate LGUs, NGOs,& POs
before any project or program is implemented
(g) capabilities of LGUs, especially municipalities & barangays,
shall be enhanced thru active participation in the
implementation of national programs & projects.
(i) LGUs shall share with the national government the
responsibility in managing & maintaining ecological balance
within their territorial jurisdiction
FOUR OUTSTANDING FEATURES
OF THE CODE
• Devolves to LGUs the responsibility for delivery of basic
services that have always belonged to the national
government
• Grants LGs significant regulatory powers that traditionally
always belonged to the national government agencies
• Significantly increases the financial resources available to
LGUs thru increased IRA
• Recognizes & encourages the active participation of the
private sector, NGOs, & POs in the process of governance
LGUS ROLE IN DEVELOPMENT
• Sec. 16. General Welfare. – LGUs shall ensure and support preservation
& enrichment of culture, promote health & safety, enhance right of
people to a balanced ecology, encourage & support development
of appropriate & self-reliant scientific & technological capabilities,
improve economic prosperity & social justice, promote full
employment among residents, maintain peace & order, & preserve
the comfort & convenience of inhabitants.
• Sec. 17. Basic Services & Facilities. – LGUs shall discharge the functions
& responsibilities of national agencies & offices devolved to them;
exercise powers & discharge functions & responsibilities incidental to
efficient & effective provision of the basic services and facilities
enumerated
DEVOLVED BASIC SERVICES
• Agriculture
• Health
• Social services
• Environment & natural resources
• Public works
• Tourism
• School building program
STRUCTURE, POWERS & FUNCTIONS
• Sec. 3, Art. X of the 1987 Constitution:
The Congress shall enact a local government code which shall
provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate among the
different local government units their powers, responsibilities, and
resources, and provide for the qualification, election, appointment or
removal, term, salaries, powers and functions and duties of local
officials and all other matters relating to the organization and
operation of the local units.
• Sec. 4 of 1991 LGC. Scope of Application.
This Code shall apply to all provinces, cities, municipalities,
barangays, and other political subdivisions as may be
created by law, and, to the extent herein provided, to
officials,offices, or agencies of the national government.
Cities shall be governed by their charters as long as the
charters are not inconsistent with 1991 LGC . (Sec. 534(f))
TWO-FOLD PURPOSE OF LGS: DUAL
AGENCY
Political & Corporate Nature: (Sec. 15)
To serve as an agency or instrumentality of the state in
carrying on the functions of government which the state
cannot conveniently exercise
To act as an agency of the inhabitants of the community
TWO-FOLD CHARACTER OF LGS:
GOVERNMENTAL & PRIVATE
• Act as agents of State for the government of the
territory & the inhabitants within the LGs limits
• Act in similar category as a business corporation in
the administration of local affairs beyond the sphere
of public purposes for which government powers
are vested like in managing public markets &
cemeteries
REGULATORY POWERS
• Power to generate & apply resources
• Power of eminent domain
• Power to reclassify agricultural lands (not under CARP): 15% for HUC &
Independent Component Cities; 10% for
• Component Cities & 1st
to 3rd
Class Municipalities; 5% for 4th
to 6th
Class
Municipalities
• Power to close & open roads
• Inspection of food products
• Adoption of quarantine regulations
• Enforcement of National Building Code
• Regulation and operation of tricycles
• Regulation of real estate trade and business
• Licensing of cockpits & regulation of cockfighting
CORPORATE POWERS
• To have continuous succession in its corporate name
• To sue & be sued
• To have and use a corporate seal
• To acquire and convey real or personal property
• To enter into contracts
• To exercise other powers granted to corporations subject to
limitations in Code & other laws
TYPES OF LGUS UNDER THE 1987
CONSTITUTION
Sec. 1, Art. X:
The territorial and political subdivisions of the Republic of the
Philippines are the provinces, cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao and the Cordilleras as
herein provided.
• Autonomous Regions – 2 regions were preidentified but only one is
existing
• Provinces – composed of clusters of municipalities or municipalities
and component cities
• Cities – component (independent & dependent) and highly
urbanized
• Municipalities – composed of barangays
• Barangays – basic political unit
SPECIAL TYPE OF LGU
Sec. 11, Art. X, 1987 Constitution:
The Congress may, by law, create special metropolitan
political subdivisions, subject to a plebiscite as set forth in
Section 10 hereof, The component cities and municipalities
shall retain their basic autonomy and shall be entitled to their
own local executives and legislative assemblies. The
jurisdiction of the metropolitan authority that will thereby be
created shall be limited to basic services requiring
coordination; PD 824(MMC, 4/76), EO 392(MMA,1/9/90, RA
7924(MMDA, 2/95)
LGU CREATION CRITERIA
TYPE LAND AREA
(in Sq. Km)
POPULATION
(not less than)
INCOME
(not less than)
Province At least 2000 250,000 20 million
City At least 100 150,000 20 million
HUC 200,000 50 million
Municipality At least 50 25,000 2.5 million
Barangay Identified by Metes
and bounds or more
or less permanent
natural boundaries
2,000 (outside MM)
5,000 (MM)
BRANCHES/COMPOSITION OF LGUS
• Executive Branch – composed of Provincial
• Governors, City and Municipal Mayors, and
• Punong Barangays. Called local chief executives
• (LCEs), they exercise executive powers
• Legislative Branch – serves as lawmaking & consultative
body; Sangguniang Panlalawigan for the province;
Sangguniang Panlungsod for the city; Sanguniang Bayan for
the municipality; and Sangguniang Pambarangay for the
barangay
SANGGUNIAN COMPOSITION
• Presiding Officer – Vice Governor for the province; Vice Mayor for the
city & municipality; and Punong Barangay for the barangay; vote only
to break a tie
• In his absence, members present may elect from among themselves a
temporary presiding officer
• Other positions include the secretary, sgt-at- arms & committee
chairmen (health & sanitation, education, taxation, tourism,
agriculture, etc.)
ELECTIVE OFFICIALS COMMON TO ALL
PROVINCES
• Governor
• Vice Governor
• Sangguniang Panlalawigan:
• Presiding officer
• Regular members determined by class of unit
• President of the Liga ng mga Barangay
• President of Sangguniang Kabataan Federation
• President of the Federation of Sangggunian Members
• 3 Sectoral representatives: women, agricultural or industrial workers,
and 1 from other sectors(urban poor, indigent cultural
communities, or disabled)
ELECTIVE OFFICIALS COMMON TO ALL
CITIES & MUNICIPALITIES
• Mayor
• Vice Mayor
• Sangguniang Panlungsod/Bayan:
• Presiding officer
• Regular members of the Sanggunian
• President of the Liga ng mga Barangay
• President of the Sangguniang Kabataan Federation
• 3 Sectoral representatives: women, agricultural or
industrial workers, and one from other sectors(urban poor,
indigenous cultural communities or disabled)
OFFICIALS COMMON TO ALL
BARANGAYS
• Punong Barangay
• 7 Sanggunian Members
• Sangguniang Kabataan Chairman
• Barangay Secretary
• Barangay Treasurer
COMPENSATION OF ELECTIVE
OFFICIALS
• Governor - SG 30
• Vice Governor - SG 28
• City Mayor - SG 30
• City Vice Mayor - SG 28 (HUC)
- SG 26 (Component City)
• Municipal Vice Mayor - SG 27
• SP (Province) - SG 27
• SP (City) - SG 27 (HUC)
- SG 25 (Component City)
• SB Member - SG 24
COMPENSATION OF BARANGAY
OFFICIALS
• Honoraria, allowances & other emoluments authorized by law or
barangay, municipal or city ordinance in accordance with Code
• Not less than 1,000 pesos/month for PB & 600 pesos/month for
sanggunian members, secretary & treasurer
• Christmas bonus of not less than 1,000 pesos
• Free medical and hospital care but not to exceed 5,000 pesos in case
of extreme urgency
• Free tuition and matriculation fees for legitimate dependents in state
colleges/universities
• Insurance coverage which includes tanods & brigade members not
exceeding 20 per barangay
POWERS OF THE LCES
• Execute all applicable laws & ordinances within territorial
jurisdiction
• Appointing authority
• Supervisory authority over executive officials of unit
• Issuance of executive orders
• Police power
• Visitorial power
• Issuance of permits
• Difference: mayors can solemnize marriage
POWERS OF THE SANGGUNIANS
• Approve ordinances & pass resolutions necessary for
effective & efficient local government
• Generate & maximize use of resources & revenues for
development plans, program objectives & priorities of the
local government
• enact annual/supplemental appropriations; appropriate
funds for specific programs, projects, services & activities
• enact ordinances levying taxes, fees & charges; grant tax
exemptions, incentives & reliefs
APPROVAL OF ORDINANCES
• LCE may veto in writing any ordinance on the ground that it is
prejudicial to public welfare
• Veto action must be communicated by LCE within 15 days (province)
and 10 days (city or municipality), otherwise, it is deemed approved
• Sanggunian may override veto with 2/3 vote of all members
• LCE, except PB, has power to veto any particular item or items of
appropriation ordinance, local development plan & public investment
program ordinance or ordinance directing the payment of money or
creating liability but shall not affect the other items
• Within 3 days the Sanggunian Secretary shall transmit to the
Sangguniang Panlalawigan for review an ordinance to determine its
consistency & validity.
ISSUES & CONCERNS IN
DECENTRALIZATION
• Perception that devolution will simply increase the powers of local bosses
& warlords further entrenching them
• “absorptive capacities of LGUS:” Are they adequately prepared to
assume the increased responsibilities and exercise the powers devolved
to them?
• Resistance of certain devolved agencies to devolution & subsequent
moves to recentralize the health sector
• Unequal distribution of financial resources (IRA) due to not-so studied
formula with cities gaining a windfall while municipalities & provinces are
not able to afford the cost of devolution
• “lags” in the release of IRA
• Lack of guidelines from NGs in operationalizing devolution
• Continuing need to define & clarify intergovernmental relations
• Hesitance among NGOs & POs to participate in local governance
due to continuing distrust between government & non-government
sectors
• General lack of information about the Code among various
stakeholders
• Do NGOs have the capabilities to assume increased responsibilities in
local governance within the framework of the Code
• Need to monitor “people empowerment provisions”; harmonize GO-
NGO relations & clarify & delineate Intra-NGO relations
• 40-60 share in national revenues equivalent only to 14% of national
budget
• 45-55 personnel services limitation
ORGANIZATION STRUCTURE & STAFFING
PATTERN OF LGS
• Every LGU shall design & implement its own organizational structure &
staffing pattern taking into consideration its service requirements & financial
capability, subject to the minimum standards & guidelines prescribed by the
Civil Service Commission (Sec. 76)
CSC Guidelines (MC #19, s. ‘92)
Appropriate organizational structure & staffing pattern shall be determined
& established in accordance with Section 17(Basic Services & Facilities) of
the Code & priority needs identified by the LCE, Sanggunian &/or LDC;
within the financial capability of LGUs taking into consideration the
budgetary limitations in Sec. 325
APPOINTIVE OFFICIALS (PROVINCE)
• Mandatory: Secretary, Treasurer, Assessor, Accountant, Engineer, Budget
Officer,
• Planning & Development Coordinator, Legal
• Officer, Administrator, Health Officer, Social
• Welfare & Development Officer, General
• Services Officer, Agriculturist, Veterinarian
• Optional: Population Officer, ENRO,
• Cooperatives Officer, Architect, Information Officer
APPOINTIVE OFFICIALS (CITY)
• Mandatory: Secretary, Treasurer, Assessor, Accountant, Engineer, Budget
Officer,
• Planning & Development Coordinator, Legal
• Officer, Administrator, Health Officer, Civil
• Registrar, Veterinarian, Social Welfare &
• Development Officer, General Services Officer
• Optional: Architect, Information Officer,
• Agriculturist, Population Officer, ENRO,
• Cooperatives Officer
APPOINTIVE OFFICIALS (MUNICIPALITY)
• Mandatory: Secretary, Treasurer, Assessor, Accountant, Engineer,
Budget Officer,
• Planning & Development Coordinator, Health Officer, Civil Registrar
• Optional: Administrator, Legal Officer,
• Agriculturist, ENRO, Social Welfare &
• Development Officer, Architect, Information Officer
APPOINTIVE OFFICIALS (BARANGAY)
• Mandatory: Secretary, Treasurer, Lupong Tagapamayapa
• Optional: Community Brigade
GUIDELINES ON ORGANIZATIONAL
STRUCTURE
• LGUs may create optional positions provided all mandatory positions
were created in accordance with budgetary limitations
• Tenure of Administrator, Information Officer &Legal Officer shall be co-
terminus with LCE
• May create other offices & positions provided that mandatory
positions have been created & subject to budgetary limitations
• Heads of departments and offices shall be appointed by the LCE with
the concurrence of majority of all members of Sanggunian subject to
civil service law, rules and regulations
• Qualification requirements provided in the Code shall be applied; no
substitution for deficiency in education and/or experience shall be
allowed
• Structural Units of an Office:
• Section = lowest structural unit/level composed of at least 3
personnel
• Division = second highest structural unit/level composed of at least
2 sections
• Department = highest structural unit/level composed of at least 4
divisions
HUMAN RESOURCES MANAGEMENT
LCE shall be responsible for human resources &
development in his unit & shall take all personnel
actions in accordance with the Constitutional
provisions on civil service, pertinent laws, and rules &
regulations thereon, including such policies,
guidelines & standards as the CSC may establish
IDENTIFIED APPOINTING
AUTHORITIES IN LGS
•Local Chief Executive
•Vice Governor/Vice Mayor
•Finance Secretary
LIMITATION ON APPOINTMENTS
No person shall be appointed in the career
service of the local government if he is related within
the fourth civil degree of consanguinity or affinity to
the appointing or recommending authority
PUBLIC NOTICE OF VACANCY
Post notices of vacancy in at least 3 conspicuous
public places in the local government unit
concerned for a period of not less than fifteen (15)
days
PERSONNEL SELECTION BOARD
• Assist LCE in judicious & objective selection of personnel for
employment & promotion & in formulation of employee
welfare policies
• Chairman & members named thru a
• Sanggunian resolution; also identified in agency’s Merit
Selection/Promotion Plan
COMPENSATION
• Determined by Sanggunian concerned
• Increase in compensation of elective officials takes effect
after the term of office of approving officials expired
• Increases shall not exceed budgetary limitations
• In accord with SSL
• Elective officials are entitled to same leave privileges
including cumulation & commutation
RESIGNATION OF ELECTIVE OFFICIALS
• Deemed effective upon acceptance by:
• President = for governors, vice governors, & mayors & vice mayors of
HUCs & independent component cities
• Governor = for municipal mayors & municipal vice mayors, & city
mayors & city vice mayors of component citie
• Sanggunian concerned – for sanggunian members
• City or municipal mayor = for barangay officials
PRACTICE OF PROFESSION
• Governors & mayors are prohibited from practising their
profession or engaging in any other occupation other than
the exercise of their functions as LCEs
• Sanggunian members may practice their professions,
engage in any occupation, or teach in schools except
during session hours
• Doctors of medicine may practise their profession even
during official hours of work only during emergencies but
must not derive monetary compensation therefrom
PROHIBITIONS
• Prohibited & pecuniary interest; prohibitions under RA 6713
(Code of Conduct & Ethical Standards for Public Officials &
Employees)
• Partisan political activity
• Appointment or designation in any capacity to any public
office or position during his tenure unless allowed by law or
by primary functions of position
• Appointment within one year after losing in an election
• Additional or double compensation
PERMISSION TO LEAVE STATION
• Appointive officials going on official travel shall seek
permission from LCE before departure to be acted upon
within 4 days from receipt
• Mayors of component cities & municipalities shall secure
permission from governor
• LG officials travelling abroad shall notify
• Sanggunian; more than 3 months travel require Presidential
approval
• Field officers of NGAs shall provide notice to LCE prior to
leaving station indicating duration of travel & OIC
ANNUAL REPORT
• LCEs shall submit an annual report to Sanggunian on or
before March 31 of each year on socio-economic, political
and peace and order conditions, and other matters
concerning LGU covering immediately preceding calendar
year.
• Copy of report furnished the DILG; component cities &
municipalities shall also furnish copy to Sangguniang
Panlalawigan
LOCAL FISCAL ADMINISTRATION
• Fundamental Principles:
• No money shall be paid out of local treasury without an
appropriation ordinance or law
• LG funds & monies shall be spent solely for public purposes
• Local revenue generated only from sources authorized by
law or ordinance, & collection must be acknowledged
properly
• Monies officially received in any capacity or occasion shall
be accounted as local funds, unless otherwise provided by
law
FISCAL ADMIN. FUNDAMENTAL PRINCIPLES
• Trust funds in local treasury shall not be paid out except in fulfillment of
purpose for which trust was created or funds received
• Accountable officers must be properly bonded
• LGs shall formulate sound financial plans, & local budgets shall be
based on functions, activities, & projects, in terms of expected results
• Budget plans shall be harmonized with national development plans,
goals & strategies to optimize resource utilization & avoid duplication
in use of fiscal & physical resources
• Budgets shall operationalize approved local development plans
• LGUs shall ensure budgets incorporate requirements of component
units equitably
• National planning shall be based on local planning to ensure
consideration of local needs & aspirations
• Fiscal responsibility shall be shared by all those exercising authority
over financial affairs, transactions, & operations of LGUs
• LGUs shall endeavor to have a balanced budget in each fiscal year
RESOURCE GENERATION & ALLOCATION
Sources of Revenue:
Local generated: business tax & other local taxes; real property tax
Externally sourced: share in BIR collections (IRA); share in proceeds from
national wealth
IRA DISTRIBUTION
Provinces = 23%
Cities = 23%
Municipalities = 34%
Barangays = 20%
Allocation Formula
•For Province/City/Municipality
• Population = 50%
• Land Area = 25%
• Equal Sharing = 25%
•Barangays with at least 100
inhabitants shall receive a
minimum of 80,000 pesos per year
Share in Proceeds from National
•Wealth
•40% of gross collections of
preceding FY from the following:
• Mining taxes
• Royalties
• Forestry & fishery charges
• Share of NG from any co-
production, joint venture or
production sharing agreement
Share in Proceeds of GOCCs
• 1% of gross sales or receipts of
preceding fiscal year; or • 40% of
taxes, fees or charges that such
GOCC would have paid if not tax
exempt; whichever is higher
DISTRIBUTION FORMULA
• National wealth located in a Province
• Province = 20%
• Component city/municipality = 45%
• Barangays = 35%
• National wealth located in two or more LGUs
• Population = 70%
• Land Area = 30%
BUDGETARY LIMITATIONS (SEC. 325)
• 45-55% limitation on personnel services
• No salary rate higher than maximum fixed for position
• No appropriations for salary increase of NGA officials & employees
• Abolition & creation of positions must be in accordance with Code & CS
law, rules & regulations
• Occupied plantilla positions (career) must be covered by adequate
appropriations
• No reclassification of positions except when position is vacant
• Creation of new positions & salary increases or adjustments shall not be
retroactive
• LCE discretionary fund shall be limited to 2% of real property tax in preceding
calendar year
REVIEW OF APPROPRIATION ORDINANCES
• DBM for Provinces, HUCs, Independent
• Component Cities, & Municipalities within the Metro Manila
Area
• Sangguniang Panlalawigan for Component Cities &
Municipalities
INTERGOVERNMENTAL RELATIONS
NG & LGUs
•President exercises general supervision over LGUs to ensure
compliance with prescribed powers & functions
•Coordination of NGAs with each other & with LGUs prior to project
implementation
•Provision for financial, technical or other forms of assistance to LGUs
without extra cost
•Submission of monthly reports to LCEs by NGA field units
•Duty of NGAs to maintain local ecological balance
•Prior consultations & Sanggunian approval required prior to project or
program implementation
RELATIONS WITH PNP
LCE extent of operational supervision and control over police force, fire
protection unit, & jail management personnel shall be governed by the
provisions of RA 6975 or the DILG Act of 1990 & its implementing rules &
regulations.
LCE Powers re: PNP
Power to direct, superintend, oversee daily functions of police investigation of
crime, crime prevention activities, & traffic control
Power to direct employment & deployment of PNP units or elements thru
station commander to ensure public safety & effective maintenance of
peace & order
• Authority to choose chief of police from list of 5 eligibles or
recommend recall/reassign chief of police
• Authority to recommend transfer, reassignment or detail of PNP
members outside LGU
• Authority to recommend appointment of new members of PNP from a
list of eligibles for assignment to LGU
• Control & supervision of anti-gambling operations
• Automatic deputation of LCEs as Commission representatives
INTER-LOCAL GOVERNMENT
RELATIONS
• Province thru governor shall ensure every component city &
municipality acts within prescribed powers & functions; HUCs &
independent component cities are independent of the province
• Governors review executive orders of mayors of component cities &
municipalities; city & municipal mayors review EOs of PBs
• Municipal government may secure opinion of provincial legal officer
or provincial prosecutor on any legal question
• City or municipal LCE exercises general supervision over component
barangays to ensure compliance with prescribed powers & functions
• Cooperative undertakings among LGUs
RELATIONS WITH POS & NGOS
• Promote establishment & operation of POs & NGOs as active partners
in autonomy pursuit
• Enter into joint ventures/cooperative arrangements with POs &NGOs in
delivery of basic services, capability building & livelihood projects, &
develop local enterprises to improve productivity & income, diversify
agriculture, spur rural industrialization, promote ecological balance, &
enhance economic & social aspects
ASSISTANCE TO POS & NGOS
LCEs with concurrence of Sanggunian shall provide
assistance, financial or otherwise, to POs & NGOs for
economic, socially-oriented, environmental, or cultural
projects to be implemented
LOCAL SPECIAL BODIES
•Local Prequalification, Bids & Awards
Committee
•Local School Board
•Local Health Board
•Local Development Council
•Local Peace & Order Council
•People’s Law Enforcement Board
LOCAL PREQUALIFICATION, BIDS & AWARDS
COMMITTEE
• Conduct prequalification of contractors, bidding,
evaluation of bids, &
• recommendation of awards concerning local infrastructure
projects
• Composition: LCE as chairman; Sanggunian appropriations
committee chairman, Sanggunian minority representative,
treasurer, 2 NGO representatives, practicing
• CPA, & COA representative as observer
LOCAL SCHOOL BOARD (LSB)
• Determine supplemental budget for public schools from real
property special levy share (SEF)
• Authorize disbursement of SEF
• Advise Sanggunian on education matters
• Recommend changes in public school names
• Consulted by DepEd on appointments of Superintendents,
supervisors, principals & other school officials
LSB COMPOSITION
• LCE & Division Superintendent/District Supervisor as co-
chairmen
• Sanggunian Education Committee chairman
• Treasurer
• SK Federation President
• President of PTA Federation
• Public Schools Non-Academic personnel representative
LOCAL HEALTH BOARD (LHB)
• Propose to Sanggunian annual budgetary allocations for
operation & maintenance of health facilities & services
within locality
• Advise Sanggunian on health matters
• Create committees to advise local health agencies on
personnel selection & promotion, bids & awards, grievances
& complaints, personnel discipline, budget review,
operations review & other similar functions
LHB COMPOSITION
• LCE as chairman
• Local Health Officer as vice chairman
• Sanggunian Health Committee chairman
• PO or NGO representative
• DOH representative
LOCAL DEVELOPMENT COUNCIL (LDC)
• Formulate long-term, medium-term & annual socio-economic development
plans & policies
• Formulate medium-term & annual public investment plan
• Formulate local investment incentives to promote inflow & direction of
private investment capital
• Coordinate, monitor & evaluate implementation of development programs
& projects
LDC COMPOSITION
Barangay:
Punong Barangay as chairman
Members of the Sangguniang Barangay
NGO representatives who shall constitute ¼ of the members of the fully
organized council
Representative of the congressman
City or Municipality:
LCE as chairman
All PBs of the city or municipality
Chairman of the Sanggunian Committee on
• Appropriations
• Congressman or his representative
• NGO representatives who shall constitute ¼ of the members of the fully
organized council
Province:
• Governor as chairman
• All mayors of component cities & municipalities
• Chairman of the Sanggunian Committee on
• Appropriations
• Congressman or his representative
• NGO representatives who shall constitute ¼ of the members of the fully
organized council
RELATION OF LDC TO SANGGUNIAN &
RDC
• LDC proposals shall be submitted to
• Sanggunian for appropriate action; approved local
development plans may be integrated
• with development plans of next higher level LDC
• Approved development plans of Provinces, HUCs &
Independent Component Cities shall be submitted
to RDC for integration to regional development plan
LOCAL PEACE & ORDER COUNCIL (LPOC)
The composition and functions of the provincial,
city & municipal peace & order councils shall be
governed by the provisions of EO 309, s. 1988, as
amended.
LPOC FUNCTIONS
• Formulate plans & recommend measures to improve/enhance peace
& order & public safety
• Monitor implementation of peace & order programs & projects &
operation of Civilian Volunteer Self-Defense Organizations & other
counter-insurgency programs/activities
• Make periodic assessments or peace & order situation & submit
recommendations to NPOC
• Receive complaints against government personnel, civilian or military
& endorse to concerned agency
PPOC COMPOSITION
• Governor as chairman
• Vice Governor as vice chairman
• Provincial counterparts of NPOC members
• Sanggunian representative
• 3 NGO representatives (academe, civic, religious, youth, labor, legal,
business & media organizations)
CPOC/MPOC COMPOSITION
• Mayor as chairman
• Vice Mayor as vice chairman
• City or municipal counterparts of NPOC members
• Sanggunian representative
• 3 NGO representatives
PEOPLE’S LAW ENFORCEMENT
BOARD (PLEB)
• Receive, take cognizance of or refer complaints against
officers members of the PNP to proper disciplining authority
or adjudicatory authority within 3 days from filing of
complaint
• 3 members chosen by LPOC from respected members of
community with one woman & another a member of the
bar
VENUES/OPPORTUNITIES FOR
POPULAR PARTICIPATION
• Local sectoral representation
• Local special bodies
• Mandatory consultations
• Recall, initiative & referendum
• Partnership with NGOs & POs
• Privatization
• Public hearings/consultations
• Focus group discussions
CHALLENGES/INTERVENTIONS/
APPROACHES
• The challenge posed by bureaucratic institutions, systems,
procedures & mindsets suffering from the inertia of excessive
centralization
• Learn from innovative & creative practices developed at
the local level
• Vigilance & participation of all sectors to suppress the
restoration of elite-dominated politics
• Reverse the 40-60 ratio in IRA sharing system to
• 60-40 in favor of LGUs
• Direct transfer to LGUs of budgets of devolved agencies
• Re-examine practice of unfunded mandates
• Re-examine relationship between local grantees & PDAF-
supported projects with LGUs playing greater role in planning,
dispensation & use.
• Strengthen mechanisms to facilitate continuing dialogues &
consultations between devolved agencies & LGUs
• Strengthen/upgrade skills & administrative capabilities of LGU
officials
• Improve monitoring & evaluation systems down to the
barangay level
• Develop a sound & reliable MIS
• Procure more modern facilities to support delivery of services
(refrigeration of drugs/vaccines)
• Explore indigenous resources that are responsive, less costly, & more
culturally sensitive
• Strong linkages with NGOs committed to community mobilization &
citizen participation
• Federate community organizations to assure stronger posture
REFERENCES
• Agra, Alberto C. 1995. 12 Basic Features of Local Autonomy. Lecture
presented to the Local Autonomy Forum, Baguio City.
• Brillantes, Alex Jr. B. 1998. Decentralized Democratic Governance Under the
Local Government Code: A Government Perspective, Manila: Philippine
Journal of Public Administration.
• Brillantes, Alex Jr. B.1992 Local Government Code Encourages NGO
Participation in Local Governance, Manila Bulletin.
• Legaspi, Perla E.2001.The Enabling Role of Local Governments. QC: UP
National College of Public Administration and Governance.
• Panganiban, Elena M.1998 Metropolitanization Within a Decentralized
System: The Philippine Dilemma. QC: Center for Local and Regional
Governance and National College of Public Administration and
Governance.
• Reforma, Mila A.1998. Reforming Government: New Concepts and Practices
in Local Public Administration in the Philippines, Japan: EROPA Local
Government Center.
• Tapales, Proserpina D. 2003. The Nature and State of Local Government, QC:
National College of Public Administration and Governance.
• Tapales, Proserpina D. 1998. Participatory Governance: The Philippine
Experience, Tokyo, Japan: EROPA Local Government Center.
• CSC MC No. 19. 1992. Guidelines and Standards in the Establishment of
Organizational Structure and Staffing Patterns in Local Government Units.
• EO No. 503. 1992. Providing for the Rules and Regulations Implementing the
Transfer of Personnel and Assets, Liabilities and Records of National
Government Agencies whose Functions are to be Devolved to the Local
Government Units and Other Related Purposes.
• EO No. 503
1992 Providing for the Rules and Regulations Implementing the
Transfer of Personnel and Assets, Liabilities and Records of National
Government Agencies whose Functions are to be Devolved to the
Local Government Units and Other Related Purposes.
• Aralar, Reynaldo B. Administrative Law Simplified, MM: National
Bookstore, 2009.Sibal, Jose Agaton R., Local Government Code. (As
Amended), 2nd
Ed., MM: Central Book Supply Inc., 2005
THANK YOU FOR LISTENING. 

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Philippine Local Government System

  • 1. PHILIPPINE LOCAL GOVERNMENT SYSTEM Prepared by: Vladymhir Pascual Nicky James Cunanan MPA 203 Local Governance & Administration Prof: Jo B. Bitonio, DPA
  • 2. ROLE OF THE LOCAL GOVERNMENT IN DEVELOPMENT Sec. 2. Declaration of Policy The territorial & political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities & make them more effective partners in the attainment of national goals; provide a more responsive and accountable local government structure instituted through a system of decentralization whereby LGUs shall be given more powers, authority, responsibilities, and resources.
  • 3. LGUS ROLE IN DEVELOPMENT (c) national agencies and offices are required to conduct periodic consultations with appropriate LGUs, NGOs,& POs before any project or program is implemented (g) capabilities of LGUs, especially municipalities & barangays, shall be enhanced thru active participation in the implementation of national programs & projects. (i) LGUs shall share with the national government the responsibility in managing & maintaining ecological balance within their territorial jurisdiction
  • 4. FOUR OUTSTANDING FEATURES OF THE CODE • Devolves to LGUs the responsibility for delivery of basic services that have always belonged to the national government • Grants LGs significant regulatory powers that traditionally always belonged to the national government agencies • Significantly increases the financial resources available to LGUs thru increased IRA • Recognizes & encourages the active participation of the private sector, NGOs, & POs in the process of governance
  • 5. LGUS ROLE IN DEVELOPMENT • Sec. 16. General Welfare. – LGUs shall ensure and support preservation & enrichment of culture, promote health & safety, enhance right of people to a balanced ecology, encourage & support development of appropriate & self-reliant scientific & technological capabilities, improve economic prosperity & social justice, promote full employment among residents, maintain peace & order, & preserve the comfort & convenience of inhabitants. • Sec. 17. Basic Services & Facilities. – LGUs shall discharge the functions & responsibilities of national agencies & offices devolved to them; exercise powers & discharge functions & responsibilities incidental to efficient & effective provision of the basic services and facilities enumerated
  • 6. DEVOLVED BASIC SERVICES • Agriculture • Health • Social services • Environment & natural resources • Public works • Tourism • School building program
  • 7. STRUCTURE, POWERS & FUNCTIONS • Sec. 3, Art. X of the 1987 Constitution: The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualification, election, appointment or removal, term, salaries, powers and functions and duties of local officials and all other matters relating to the organization and operation of the local units.
  • 8. • Sec. 4 of 1991 LGC. Scope of Application. This Code shall apply to all provinces, cities, municipalities, barangays, and other political subdivisions as may be created by law, and, to the extent herein provided, to officials,offices, or agencies of the national government. Cities shall be governed by their charters as long as the charters are not inconsistent with 1991 LGC . (Sec. 534(f))
  • 9. TWO-FOLD PURPOSE OF LGS: DUAL AGENCY Political & Corporate Nature: (Sec. 15) To serve as an agency or instrumentality of the state in carrying on the functions of government which the state cannot conveniently exercise To act as an agency of the inhabitants of the community
  • 10. TWO-FOLD CHARACTER OF LGS: GOVERNMENTAL & PRIVATE • Act as agents of State for the government of the territory & the inhabitants within the LGs limits • Act in similar category as a business corporation in the administration of local affairs beyond the sphere of public purposes for which government powers are vested like in managing public markets & cemeteries
  • 11. REGULATORY POWERS • Power to generate & apply resources • Power of eminent domain • Power to reclassify agricultural lands (not under CARP): 15% for HUC & Independent Component Cities; 10% for • Component Cities & 1st to 3rd Class Municipalities; 5% for 4th to 6th Class Municipalities • Power to close & open roads • Inspection of food products • Adoption of quarantine regulations • Enforcement of National Building Code • Regulation and operation of tricycles • Regulation of real estate trade and business • Licensing of cockpits & regulation of cockfighting
  • 12. CORPORATE POWERS • To have continuous succession in its corporate name • To sue & be sued • To have and use a corporate seal • To acquire and convey real or personal property • To enter into contracts • To exercise other powers granted to corporations subject to limitations in Code & other laws
  • 13. TYPES OF LGUS UNDER THE 1987 CONSTITUTION Sec. 1, Art. X: The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as herein provided. • Autonomous Regions – 2 regions were preidentified but only one is existing • Provinces – composed of clusters of municipalities or municipalities and component cities • Cities – component (independent & dependent) and highly urbanized • Municipalities – composed of barangays • Barangays – basic political unit
  • 14. SPECIAL TYPE OF LGU Sec. 11, Art. X, 1987 Constitution: The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof, The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination; PD 824(MMC, 4/76), EO 392(MMA,1/9/90, RA 7924(MMDA, 2/95)
  • 15. LGU CREATION CRITERIA TYPE LAND AREA (in Sq. Km) POPULATION (not less than) INCOME (not less than) Province At least 2000 250,000 20 million City At least 100 150,000 20 million HUC 200,000 50 million Municipality At least 50 25,000 2.5 million Barangay Identified by Metes and bounds or more or less permanent natural boundaries 2,000 (outside MM) 5,000 (MM)
  • 16. BRANCHES/COMPOSITION OF LGUS • Executive Branch – composed of Provincial • Governors, City and Municipal Mayors, and • Punong Barangays. Called local chief executives • (LCEs), they exercise executive powers • Legislative Branch – serves as lawmaking & consultative body; Sangguniang Panlalawigan for the province; Sangguniang Panlungsod for the city; Sanguniang Bayan for the municipality; and Sangguniang Pambarangay for the barangay
  • 17. SANGGUNIAN COMPOSITION • Presiding Officer – Vice Governor for the province; Vice Mayor for the city & municipality; and Punong Barangay for the barangay; vote only to break a tie • In his absence, members present may elect from among themselves a temporary presiding officer • Other positions include the secretary, sgt-at- arms & committee chairmen (health & sanitation, education, taxation, tourism, agriculture, etc.)
  • 18. ELECTIVE OFFICIALS COMMON TO ALL PROVINCES • Governor • Vice Governor • Sangguniang Panlalawigan: • Presiding officer • Regular members determined by class of unit • President of the Liga ng mga Barangay • President of Sangguniang Kabataan Federation • President of the Federation of Sangggunian Members • 3 Sectoral representatives: women, agricultural or industrial workers, and 1 from other sectors(urban poor, indigent cultural communities, or disabled)
  • 19. ELECTIVE OFFICIALS COMMON TO ALL CITIES & MUNICIPALITIES • Mayor • Vice Mayor • Sangguniang Panlungsod/Bayan: • Presiding officer • Regular members of the Sanggunian • President of the Liga ng mga Barangay • President of the Sangguniang Kabataan Federation • 3 Sectoral representatives: women, agricultural or industrial workers, and one from other sectors(urban poor, indigenous cultural communities or disabled)
  • 20. OFFICIALS COMMON TO ALL BARANGAYS • Punong Barangay • 7 Sanggunian Members • Sangguniang Kabataan Chairman • Barangay Secretary • Barangay Treasurer
  • 21. COMPENSATION OF ELECTIVE OFFICIALS • Governor - SG 30 • Vice Governor - SG 28 • City Mayor - SG 30 • City Vice Mayor - SG 28 (HUC) - SG 26 (Component City) • Municipal Vice Mayor - SG 27 • SP (Province) - SG 27 • SP (City) - SG 27 (HUC) - SG 25 (Component City) • SB Member - SG 24
  • 22. COMPENSATION OF BARANGAY OFFICIALS • Honoraria, allowances & other emoluments authorized by law or barangay, municipal or city ordinance in accordance with Code • Not less than 1,000 pesos/month for PB & 600 pesos/month for sanggunian members, secretary & treasurer • Christmas bonus of not less than 1,000 pesos • Free medical and hospital care but not to exceed 5,000 pesos in case of extreme urgency • Free tuition and matriculation fees for legitimate dependents in state colleges/universities • Insurance coverage which includes tanods & brigade members not exceeding 20 per barangay
  • 23. POWERS OF THE LCES • Execute all applicable laws & ordinances within territorial jurisdiction • Appointing authority • Supervisory authority over executive officials of unit • Issuance of executive orders • Police power • Visitorial power • Issuance of permits • Difference: mayors can solemnize marriage
  • 24. POWERS OF THE SANGGUNIANS • Approve ordinances & pass resolutions necessary for effective & efficient local government • Generate & maximize use of resources & revenues for development plans, program objectives & priorities of the local government • enact annual/supplemental appropriations; appropriate funds for specific programs, projects, services & activities • enact ordinances levying taxes, fees & charges; grant tax exemptions, incentives & reliefs
  • 25. APPROVAL OF ORDINANCES • LCE may veto in writing any ordinance on the ground that it is prejudicial to public welfare • Veto action must be communicated by LCE within 15 days (province) and 10 days (city or municipality), otherwise, it is deemed approved • Sanggunian may override veto with 2/3 vote of all members • LCE, except PB, has power to veto any particular item or items of appropriation ordinance, local development plan & public investment program ordinance or ordinance directing the payment of money or creating liability but shall not affect the other items • Within 3 days the Sanggunian Secretary shall transmit to the Sangguniang Panlalawigan for review an ordinance to determine its consistency & validity.
  • 26. ISSUES & CONCERNS IN DECENTRALIZATION • Perception that devolution will simply increase the powers of local bosses & warlords further entrenching them • “absorptive capacities of LGUS:” Are they adequately prepared to assume the increased responsibilities and exercise the powers devolved to them? • Resistance of certain devolved agencies to devolution & subsequent moves to recentralize the health sector • Unequal distribution of financial resources (IRA) due to not-so studied formula with cities gaining a windfall while municipalities & provinces are not able to afford the cost of devolution • “lags” in the release of IRA • Lack of guidelines from NGs in operationalizing devolution • Continuing need to define & clarify intergovernmental relations
  • 27. • Hesitance among NGOs & POs to participate in local governance due to continuing distrust between government & non-government sectors • General lack of information about the Code among various stakeholders • Do NGOs have the capabilities to assume increased responsibilities in local governance within the framework of the Code • Need to monitor “people empowerment provisions”; harmonize GO- NGO relations & clarify & delineate Intra-NGO relations • 40-60 share in national revenues equivalent only to 14% of national budget • 45-55 personnel services limitation
  • 28. ORGANIZATION STRUCTURE & STAFFING PATTERN OF LGS • Every LGU shall design & implement its own organizational structure & staffing pattern taking into consideration its service requirements & financial capability, subject to the minimum standards & guidelines prescribed by the Civil Service Commission (Sec. 76) CSC Guidelines (MC #19, s. ‘92) Appropriate organizational structure & staffing pattern shall be determined & established in accordance with Section 17(Basic Services & Facilities) of the Code & priority needs identified by the LCE, Sanggunian &/or LDC; within the financial capability of LGUs taking into consideration the budgetary limitations in Sec. 325
  • 29. APPOINTIVE OFFICIALS (PROVINCE) • Mandatory: Secretary, Treasurer, Assessor, Accountant, Engineer, Budget Officer, • Planning & Development Coordinator, Legal • Officer, Administrator, Health Officer, Social • Welfare & Development Officer, General • Services Officer, Agriculturist, Veterinarian • Optional: Population Officer, ENRO, • Cooperatives Officer, Architect, Information Officer
  • 30. APPOINTIVE OFFICIALS (CITY) • Mandatory: Secretary, Treasurer, Assessor, Accountant, Engineer, Budget Officer, • Planning & Development Coordinator, Legal • Officer, Administrator, Health Officer, Civil • Registrar, Veterinarian, Social Welfare & • Development Officer, General Services Officer • Optional: Architect, Information Officer, • Agriculturist, Population Officer, ENRO, • Cooperatives Officer
  • 31. APPOINTIVE OFFICIALS (MUNICIPALITY) • Mandatory: Secretary, Treasurer, Assessor, Accountant, Engineer, Budget Officer, • Planning & Development Coordinator, Health Officer, Civil Registrar • Optional: Administrator, Legal Officer, • Agriculturist, ENRO, Social Welfare & • Development Officer, Architect, Information Officer
  • 32. APPOINTIVE OFFICIALS (BARANGAY) • Mandatory: Secretary, Treasurer, Lupong Tagapamayapa • Optional: Community Brigade
  • 33. GUIDELINES ON ORGANIZATIONAL STRUCTURE • LGUs may create optional positions provided all mandatory positions were created in accordance with budgetary limitations • Tenure of Administrator, Information Officer &Legal Officer shall be co- terminus with LCE • May create other offices & positions provided that mandatory positions have been created & subject to budgetary limitations • Heads of departments and offices shall be appointed by the LCE with the concurrence of majority of all members of Sanggunian subject to civil service law, rules and regulations
  • 34. • Qualification requirements provided in the Code shall be applied; no substitution for deficiency in education and/or experience shall be allowed • Structural Units of an Office: • Section = lowest structural unit/level composed of at least 3 personnel • Division = second highest structural unit/level composed of at least 2 sections • Department = highest structural unit/level composed of at least 4 divisions
  • 35. HUMAN RESOURCES MANAGEMENT LCE shall be responsible for human resources & development in his unit & shall take all personnel actions in accordance with the Constitutional provisions on civil service, pertinent laws, and rules & regulations thereon, including such policies, guidelines & standards as the CSC may establish
  • 36. IDENTIFIED APPOINTING AUTHORITIES IN LGS •Local Chief Executive •Vice Governor/Vice Mayor •Finance Secretary
  • 37. LIMITATION ON APPOINTMENTS No person shall be appointed in the career service of the local government if he is related within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority
  • 38. PUBLIC NOTICE OF VACANCY Post notices of vacancy in at least 3 conspicuous public places in the local government unit concerned for a period of not less than fifteen (15) days
  • 39. PERSONNEL SELECTION BOARD • Assist LCE in judicious & objective selection of personnel for employment & promotion & in formulation of employee welfare policies • Chairman & members named thru a • Sanggunian resolution; also identified in agency’s Merit Selection/Promotion Plan
  • 40. COMPENSATION • Determined by Sanggunian concerned • Increase in compensation of elective officials takes effect after the term of office of approving officials expired • Increases shall not exceed budgetary limitations • In accord with SSL • Elective officials are entitled to same leave privileges including cumulation & commutation
  • 41. RESIGNATION OF ELECTIVE OFFICIALS • Deemed effective upon acceptance by: • President = for governors, vice governors, & mayors & vice mayors of HUCs & independent component cities • Governor = for municipal mayors & municipal vice mayors, & city mayors & city vice mayors of component citie • Sanggunian concerned – for sanggunian members • City or municipal mayor = for barangay officials
  • 42. PRACTICE OF PROFESSION • Governors & mayors are prohibited from practising their profession or engaging in any other occupation other than the exercise of their functions as LCEs • Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours • Doctors of medicine may practise their profession even during official hours of work only during emergencies but must not derive monetary compensation therefrom
  • 43. PROHIBITIONS • Prohibited & pecuniary interest; prohibitions under RA 6713 (Code of Conduct & Ethical Standards for Public Officials & Employees) • Partisan political activity • Appointment or designation in any capacity to any public office or position during his tenure unless allowed by law or by primary functions of position • Appointment within one year after losing in an election • Additional or double compensation
  • 44. PERMISSION TO LEAVE STATION • Appointive officials going on official travel shall seek permission from LCE before departure to be acted upon within 4 days from receipt • Mayors of component cities & municipalities shall secure permission from governor • LG officials travelling abroad shall notify • Sanggunian; more than 3 months travel require Presidential approval • Field officers of NGAs shall provide notice to LCE prior to leaving station indicating duration of travel & OIC
  • 45. ANNUAL REPORT • LCEs shall submit an annual report to Sanggunian on or before March 31 of each year on socio-economic, political and peace and order conditions, and other matters concerning LGU covering immediately preceding calendar year. • Copy of report furnished the DILG; component cities & municipalities shall also furnish copy to Sangguniang Panlalawigan
  • 46. LOCAL FISCAL ADMINISTRATION • Fundamental Principles: • No money shall be paid out of local treasury without an appropriation ordinance or law • LG funds & monies shall be spent solely for public purposes • Local revenue generated only from sources authorized by law or ordinance, & collection must be acknowledged properly • Monies officially received in any capacity or occasion shall be accounted as local funds, unless otherwise provided by law
  • 47. FISCAL ADMIN. FUNDAMENTAL PRINCIPLES • Trust funds in local treasury shall not be paid out except in fulfillment of purpose for which trust was created or funds received • Accountable officers must be properly bonded • LGs shall formulate sound financial plans, & local budgets shall be based on functions, activities, & projects, in terms of expected results • Budget plans shall be harmonized with national development plans, goals & strategies to optimize resource utilization & avoid duplication in use of fiscal & physical resources
  • 48. • Budgets shall operationalize approved local development plans • LGUs shall ensure budgets incorporate requirements of component units equitably • National planning shall be based on local planning to ensure consideration of local needs & aspirations • Fiscal responsibility shall be shared by all those exercising authority over financial affairs, transactions, & operations of LGUs • LGUs shall endeavor to have a balanced budget in each fiscal year
  • 49. RESOURCE GENERATION & ALLOCATION Sources of Revenue: Local generated: business tax & other local taxes; real property tax Externally sourced: share in BIR collections (IRA); share in proceeds from national wealth
  • 50. IRA DISTRIBUTION Provinces = 23% Cities = 23% Municipalities = 34% Barangays = 20% Allocation Formula •For Province/City/Municipality • Population = 50% • Land Area = 25% • Equal Sharing = 25% •Barangays with at least 100 inhabitants shall receive a minimum of 80,000 pesos per year
  • 51. Share in Proceeds from National •Wealth •40% of gross collections of preceding FY from the following: • Mining taxes • Royalties • Forestry & fishery charges • Share of NG from any co- production, joint venture or production sharing agreement Share in Proceeds of GOCCs • 1% of gross sales or receipts of preceding fiscal year; or • 40% of taxes, fees or charges that such GOCC would have paid if not tax exempt; whichever is higher
  • 52. DISTRIBUTION FORMULA • National wealth located in a Province • Province = 20% • Component city/municipality = 45% • Barangays = 35% • National wealth located in two or more LGUs • Population = 70% • Land Area = 30%
  • 53. BUDGETARY LIMITATIONS (SEC. 325) • 45-55% limitation on personnel services • No salary rate higher than maximum fixed for position • No appropriations for salary increase of NGA officials & employees • Abolition & creation of positions must be in accordance with Code & CS law, rules & regulations • Occupied plantilla positions (career) must be covered by adequate appropriations • No reclassification of positions except when position is vacant • Creation of new positions & salary increases or adjustments shall not be retroactive • LCE discretionary fund shall be limited to 2% of real property tax in preceding calendar year
  • 54. REVIEW OF APPROPRIATION ORDINANCES • DBM for Provinces, HUCs, Independent • Component Cities, & Municipalities within the Metro Manila Area • Sangguniang Panlalawigan for Component Cities & Municipalities
  • 55. INTERGOVERNMENTAL RELATIONS NG & LGUs •President exercises general supervision over LGUs to ensure compliance with prescribed powers & functions •Coordination of NGAs with each other & with LGUs prior to project implementation •Provision for financial, technical or other forms of assistance to LGUs without extra cost •Submission of monthly reports to LCEs by NGA field units •Duty of NGAs to maintain local ecological balance •Prior consultations & Sanggunian approval required prior to project or program implementation
  • 56. RELATIONS WITH PNP LCE extent of operational supervision and control over police force, fire protection unit, & jail management personnel shall be governed by the provisions of RA 6975 or the DILG Act of 1990 & its implementing rules & regulations. LCE Powers re: PNP Power to direct, superintend, oversee daily functions of police investigation of crime, crime prevention activities, & traffic control Power to direct employment & deployment of PNP units or elements thru station commander to ensure public safety & effective maintenance of peace & order
  • 57. • Authority to choose chief of police from list of 5 eligibles or recommend recall/reassign chief of police • Authority to recommend transfer, reassignment or detail of PNP members outside LGU • Authority to recommend appointment of new members of PNP from a list of eligibles for assignment to LGU • Control & supervision of anti-gambling operations • Automatic deputation of LCEs as Commission representatives
  • 58. INTER-LOCAL GOVERNMENT RELATIONS • Province thru governor shall ensure every component city & municipality acts within prescribed powers & functions; HUCs & independent component cities are independent of the province • Governors review executive orders of mayors of component cities & municipalities; city & municipal mayors review EOs of PBs • Municipal government may secure opinion of provincial legal officer or provincial prosecutor on any legal question • City or municipal LCE exercises general supervision over component barangays to ensure compliance with prescribed powers & functions • Cooperative undertakings among LGUs
  • 59. RELATIONS WITH POS & NGOS • Promote establishment & operation of POs & NGOs as active partners in autonomy pursuit • Enter into joint ventures/cooperative arrangements with POs &NGOs in delivery of basic services, capability building & livelihood projects, & develop local enterprises to improve productivity & income, diversify agriculture, spur rural industrialization, promote ecological balance, & enhance economic & social aspects
  • 60. ASSISTANCE TO POS & NGOS LCEs with concurrence of Sanggunian shall provide assistance, financial or otherwise, to POs & NGOs for economic, socially-oriented, environmental, or cultural projects to be implemented
  • 61. LOCAL SPECIAL BODIES •Local Prequalification, Bids & Awards Committee •Local School Board •Local Health Board •Local Development Council •Local Peace & Order Council •People’s Law Enforcement Board
  • 62. LOCAL PREQUALIFICATION, BIDS & AWARDS COMMITTEE • Conduct prequalification of contractors, bidding, evaluation of bids, & • recommendation of awards concerning local infrastructure projects • Composition: LCE as chairman; Sanggunian appropriations committee chairman, Sanggunian minority representative, treasurer, 2 NGO representatives, practicing • CPA, & COA representative as observer
  • 63. LOCAL SCHOOL BOARD (LSB) • Determine supplemental budget for public schools from real property special levy share (SEF) • Authorize disbursement of SEF • Advise Sanggunian on education matters • Recommend changes in public school names • Consulted by DepEd on appointments of Superintendents, supervisors, principals & other school officials
  • 64. LSB COMPOSITION • LCE & Division Superintendent/District Supervisor as co- chairmen • Sanggunian Education Committee chairman • Treasurer • SK Federation President • President of PTA Federation • Public Schools Non-Academic personnel representative
  • 65. LOCAL HEALTH BOARD (LHB) • Propose to Sanggunian annual budgetary allocations for operation & maintenance of health facilities & services within locality • Advise Sanggunian on health matters • Create committees to advise local health agencies on personnel selection & promotion, bids & awards, grievances & complaints, personnel discipline, budget review, operations review & other similar functions
  • 66. LHB COMPOSITION • LCE as chairman • Local Health Officer as vice chairman • Sanggunian Health Committee chairman • PO or NGO representative • DOH representative
  • 67. LOCAL DEVELOPMENT COUNCIL (LDC) • Formulate long-term, medium-term & annual socio-economic development plans & policies • Formulate medium-term & annual public investment plan • Formulate local investment incentives to promote inflow & direction of private investment capital • Coordinate, monitor & evaluate implementation of development programs & projects
  • 68. LDC COMPOSITION Barangay: Punong Barangay as chairman Members of the Sangguniang Barangay NGO representatives who shall constitute ¼ of the members of the fully organized council Representative of the congressman City or Municipality: LCE as chairman All PBs of the city or municipality Chairman of the Sanggunian Committee on
  • 69. • Appropriations • Congressman or his representative • NGO representatives who shall constitute ¼ of the members of the fully organized council Province: • Governor as chairman • All mayors of component cities & municipalities • Chairman of the Sanggunian Committee on • Appropriations • Congressman or his representative • NGO representatives who shall constitute ¼ of the members of the fully organized council
  • 70. RELATION OF LDC TO SANGGUNIAN & RDC • LDC proposals shall be submitted to • Sanggunian for appropriate action; approved local development plans may be integrated • with development plans of next higher level LDC • Approved development plans of Provinces, HUCs & Independent Component Cities shall be submitted to RDC for integration to regional development plan
  • 71. LOCAL PEACE & ORDER COUNCIL (LPOC) The composition and functions of the provincial, city & municipal peace & order councils shall be governed by the provisions of EO 309, s. 1988, as amended.
  • 72. LPOC FUNCTIONS • Formulate plans & recommend measures to improve/enhance peace & order & public safety • Monitor implementation of peace & order programs & projects & operation of Civilian Volunteer Self-Defense Organizations & other counter-insurgency programs/activities • Make periodic assessments or peace & order situation & submit recommendations to NPOC • Receive complaints against government personnel, civilian or military & endorse to concerned agency
  • 73. PPOC COMPOSITION • Governor as chairman • Vice Governor as vice chairman • Provincial counterparts of NPOC members • Sanggunian representative • 3 NGO representatives (academe, civic, religious, youth, labor, legal, business & media organizations)
  • 74. CPOC/MPOC COMPOSITION • Mayor as chairman • Vice Mayor as vice chairman • City or municipal counterparts of NPOC members • Sanggunian representative • 3 NGO representatives
  • 75. PEOPLE’S LAW ENFORCEMENT BOARD (PLEB) • Receive, take cognizance of or refer complaints against officers members of the PNP to proper disciplining authority or adjudicatory authority within 3 days from filing of complaint • 3 members chosen by LPOC from respected members of community with one woman & another a member of the bar
  • 76. VENUES/OPPORTUNITIES FOR POPULAR PARTICIPATION • Local sectoral representation • Local special bodies • Mandatory consultations • Recall, initiative & referendum • Partnership with NGOs & POs • Privatization • Public hearings/consultations • Focus group discussions
  • 77. CHALLENGES/INTERVENTIONS/ APPROACHES • The challenge posed by bureaucratic institutions, systems, procedures & mindsets suffering from the inertia of excessive centralization • Learn from innovative & creative practices developed at the local level • Vigilance & participation of all sectors to suppress the restoration of elite-dominated politics • Reverse the 40-60 ratio in IRA sharing system to • 60-40 in favor of LGUs • Direct transfer to LGUs of budgets of devolved agencies
  • 78. • Re-examine practice of unfunded mandates • Re-examine relationship between local grantees & PDAF- supported projects with LGUs playing greater role in planning, dispensation & use. • Strengthen mechanisms to facilitate continuing dialogues & consultations between devolved agencies & LGUs • Strengthen/upgrade skills & administrative capabilities of LGU officials • Improve monitoring & evaluation systems down to the barangay level • Develop a sound & reliable MIS
  • 79. • Procure more modern facilities to support delivery of services (refrigeration of drugs/vaccines) • Explore indigenous resources that are responsive, less costly, & more culturally sensitive • Strong linkages with NGOs committed to community mobilization & citizen participation • Federate community organizations to assure stronger posture
  • 80. REFERENCES • Agra, Alberto C. 1995. 12 Basic Features of Local Autonomy. Lecture presented to the Local Autonomy Forum, Baguio City. • Brillantes, Alex Jr. B. 1998. Decentralized Democratic Governance Under the Local Government Code: A Government Perspective, Manila: Philippine Journal of Public Administration. • Brillantes, Alex Jr. B.1992 Local Government Code Encourages NGO Participation in Local Governance, Manila Bulletin. • Legaspi, Perla E.2001.The Enabling Role of Local Governments. QC: UP National College of Public Administration and Governance. • Panganiban, Elena M.1998 Metropolitanization Within a Decentralized System: The Philippine Dilemma. QC: Center for Local and Regional Governance and National College of Public Administration and Governance.
  • 81. • Reforma, Mila A.1998. Reforming Government: New Concepts and Practices in Local Public Administration in the Philippines, Japan: EROPA Local Government Center. • Tapales, Proserpina D. 2003. The Nature and State of Local Government, QC: National College of Public Administration and Governance. • Tapales, Proserpina D. 1998. Participatory Governance: The Philippine Experience, Tokyo, Japan: EROPA Local Government Center. • CSC MC No. 19. 1992. Guidelines and Standards in the Establishment of Organizational Structure and Staffing Patterns in Local Government Units. • EO No. 503. 1992. Providing for the Rules and Regulations Implementing the Transfer of Personnel and Assets, Liabilities and Records of National Government Agencies whose Functions are to be Devolved to the Local Government Units and Other Related Purposes.
  • 82. • EO No. 503 1992 Providing for the Rules and Regulations Implementing the Transfer of Personnel and Assets, Liabilities and Records of National Government Agencies whose Functions are to be Devolved to the Local Government Units and Other Related Purposes. • Aralar, Reynaldo B. Administrative Law Simplified, MM: National Bookstore, 2009.Sibal, Jose Agaton R., Local Government Code. (As Amended), 2nd Ed., MM: Central Book Supply Inc., 2005
  • 83. THANK YOU FOR LISTENING. 