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    Article X

    Local

    Government

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    Surigao LGUs Win DILG Awards

    October 20, 2012, 7:32pm

    BUTUAN CITY The provincial governments of Surigao del Norte,

    Surigao City and the town of Hinatuan in Surigao del Sur were

    the regional winners of the prestigious Gawad Pamana ng Lahi

    2012 by the Department of Interior and Local Government (DILG).

    These local government units (LGUs) received their respective

    awards during the 2012 Regional Forum of Local Governance held

    at citys hotel and convention center on Friday.

    The province of Surigao del Norte received the Gawad Pamana ng

    Lahi 2012 award as regional winner for the provincial category

    while Surigao City also received the same award for city

    category and Hinatuan town in Surigao del Sur for municipality

    category.

    The awarding of the 2012 regional winners highlighted the

    regional activity, where top DILG officials were present. In

    this same forum the DILG officials presented the Call to

    Action of the national in all programs lined up by the agency

    for all LGUs throughout the country.

    In this same forum, Surigao del Norte Gov. Sol F. Matugas,

    chairperson of the powerful Regional Development Council (RDC)

    shared the best practices of her province, which earned the

    award on good local governance.

    Connecting it to the Constitution

    The news above, which integrates good governance and can

    be connected in the Section 3 of Article 10 of the constitutions

    which says that 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 localgovernment units their powers, responsibilities, and resources,

    and provide for the qualifications, election, appointment and

    removal, term, salaries, powers and functions and duties of

    local officials, and all other matters relating to the

    organization and operation of local units.

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    Furthermore, it should be an emulating move that other

    local government units could follow the steps of the place

    featured as an awardee of a worth remembering award.

    Leyte LGUs Receive Good News

    By JACK C. GADAINGAN

    September 18, 2012, 6:13pm

    TACLOBAN CITY, Leyte The Department of Budget and Management

    (DBM) in Region 8 has announced to local chief executives of

    Leyte province that all local government units (LGU) in the

    province will get an increase in their share of Internal Revenue

    Allotment (IRA) for 2013 during the recent regular meeting of

    the League of Municipalities (LMP) Leyte Chapter.

    DBM Region 8 Director Imelda Laceras reminded the attending

    mayors to efficiently and effectively allocate the IRA by giving

    priority to peoples basic needs and community developmental

    projects.

    She said five areas should be given priority according to a

    memorandum issued by the DBM, that is, programs and projects for

    anti -corruption, accountable and participatory governance;

    poverty reduction and empowerment of the poor; rapid, inclusive

    and sustained economic growth; just and lasting peace and the

    rule of law; integrity of the environment and climate change

    adaptation and mitigation.

    IRA share revealed for the towns in Leyte in 2013, Abuyog will

    receive P128 million; Alangalang P73.5 million; Albuera P8.4

    million; Babatngon P51.3 million; Barugo P52.8 million; Bato

    P56.6 million; Burauen P85.38 million; Calubian P53.4 million;

    Capoocan P60.7 million; Carigara P71.6 million; Dagami P60.6

    million; Dulag P65.76 million; Hilongos P86.7 million;

    Hindang P40.64 million; Inopacan P44 million; Isabel P63.2

    million; Jaro P71.8 million; Javier P52.5 million; Julita P34.5

    million; Kananga P73.6 million; Lapaz P41.49 million; Leyte,

    Leyte P67.5 million; McArthur P39.9 million; Mahaplag P51.2

    million; Matag-ob P42.4 million; Matalom P57.7 million; Mayorga

    P34.8 million; Merida P50.7 million; Palo P94.13 million;

    Palompon P 77.9 million and Baybay P429.29 million.

    Of the 40 Leyte municipalities, the LGU of Palo will get the

    highest hike of 17.58 percent or an increase of over P14 million

    in its IRA share.

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    This is largely due to an increase in population in Palo,

    Laceras said during the LMP meeting.

    Meanwhile, Laceras also presented the prescribed guidelines in

    the preparation of the FY 2013 local budgets and introduced the

    concept of bottom-up planning and budgeting in relation to local

    budget preparations.

    She also urged LGUs to coordinate with the DBM regional office

    for technical assistance in preparing their FY 2013 annual

    budgets.

    Connecting it to the Constitution

    The news talks about a particular municipal division of

    Visayas which is the province of Leyte. The existence of this

    province is being supported by the constitution. In Section 4 of

    Article 10, it says that the President of the Philippines shall

    exercise general supervision over local governments. Provinces

    with respect to component cities and municipalities, and cities

    and municipalities with respect to component barangays shall

    ensure that the acts of their component units are within the

    scope of their prescribed powers and functions.

    Moreover, provinces like Leyte is legally cited in Section

    1 of Article 10 which states the territorial and politicalsubdivisions 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

    hereinafter provided.

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    Govt Urged To Act Against LGU Open Pit Mining Ban

    By JAMES A. LOYOLA

    October 5, 2012, 3:38pm

    MANILA, PhilippinesThe National Government is being urged to

    act fast on the increasing number of ordinances being issued by

    local government units (LGUs) that violate national laws and the

    Constitution, particularly the open-pit mining ban that is

    affecting the viability of the Tampakan copper-gold mine.

    Pacifico A. Agabin, chairman of the Constitutional Law

    Department of the Philippine Judicial Academy of the Supreme

    Court and the concurrent general counsel of the Integrated Barof the Philippines, noted that there have been a range of

    provincial ordinances which have been been put in place by LGUs

    in clear contravention of existing national laws and the

    Constitution.

    The National Government, I think, should see the urgency of

    resolving this concern and without further delay to defend

    national law and the Constitution, Agabin said.

    Agabin cited the Ordinance issued by Sangguniang Panlalawigan of

    South Cotabato in June 9, 2010 which prohibits open-pit miningin the province which directly hit the $6 billion-Tampakan

    Copper-Gold Mine Project of the Sagittarius Mines Inc. (SMI),

    the single biggest foreign investment in the country.

    It should be noted that local governments cannot regulate

    large-scale mining, Congress already passed a national law

    authorizing open-pit mining and LGUs cannot pass an Ordinance

    that contravenes the national law, said Agabin.

    Agabin added that, as the subject of open-pit mining has been

    pre-empted by Congress, this precludes local government from

    passing any ordinance on the same subject that conflicts withnational law or policy, unless this is authorized by Congress

    itself.

    He pointed out that, under the Constitution, LGUs are mere

    agents of the State with powers that are delegated by the

    National Government.

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    Agabin is also urging the National Government to exercise its

    political will through the Department of Environment and

    Natural Resources (DENR) to firmly and expeditiously resolve

    this concern.

    It is clear from the provisions of the law creating the DENR

    that it was tasked with the function of balancing environmental

    concerns against that of the development of natural resources,

    he said.

    SMI is a contractor of the Philippine Government under the terms

    of a Financial and Technical Assistance Agreement (FTAA)

    In January this year, the DENR denied the application of SMI for

    an Environmental Compliance Certificate (ECC) pending the

    resolution of the open-pit mining ban imposed by the local

    government of South Cotabato.

    Connecting it to the Constitution

    Every local government should conform with the standards of

    the government and it is supported by Section 4 of Article 10

    that says President of the Philippines shall exercise general

    supervision over local governments. Provinces with respect to

    component cities and municipalities, and cities and

    municipalities with respect to component barangays shall ensure

    that the acts of their component units are within the scope of

    their prescribed powers and functions.

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    LGU To Construct School Facilities

    August 30, 2012, 5:53pm

    CAGAYAN DE ORO CITY The local government unit (LGU) here is

    expected to earmark P50 million for the immediate construction

    of school buildings at the City Central School.

    The city government is now in the documentation and technical

    process for the commencement of the project located in Yacapin

    and Velez Streets.

    Early this week, City Mayor Vicente Y. Emano ordered the city

    engineer and technical personnel of the City Engineering Office

    (CEO) to prepare the plans and programs of the proposed school

    building project for its immediate implementation.

    Emano made the decision after the citys biggest elementary

    schools 59 classrooms were destroyed by fire recently, causing

    an estimated damage reaching P70 million.

    The mayor said priority will be given to the construction of the

    damaged classrooms and school offices.

    Education is our prime importance, he added.

    In another development, Emano turned Tuesday over 636 more

    houses to the victims of typhoon Sendong in the city, in time

    of the citys fiesta celebration.

    Emano expressed his heartfelt gratitude to the SMC, and HFHP for

    the help in providing decent and permanent houses to the

    affected people.

    The program was one of the highlights of the Kagay-an Festival2012.

    Emano, Vice Mayor Caesar Ian Acenas, the City Councilors,

    department heads together with San Miguel Corporation (SMC)

    executive Ferdinand Constantino and Habitat for Humanity

    Philippines (HFHP) CEO Charlie Ayco, among others, took part in

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    the program held at the citys relocation site in Barangay

    Indahag.

    The houses were funded by SMC and implemented by the HFHP.

    As this developed, the mayor expressed his gratitude to SMC CEO

    Ramon Ang for how the company has helped this city recover from

    the devastations of the calamity.

    He said Ang had committed to build 5,000 more houses in this

    city. (Mike U. Crismundo)

    Connecting it to the Constitution

    The territorial and political subdivisions shall enjoy

    local autonomy and its cognizant to the Section 2 of Article 10of the Philippine Constitution yet their limits are also

    monitored by the bigger body of authority, which is the

    government, and it is noted in the Section 4 of Article 10 of

    the same constitution.

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    BSP Rationalizes LGU Borrowing Plans

    By LEE C. CHIPONGIAN

    October 2, 2012, 5:06pm

    MANILA, PhilippinesTo avoid deferment of a loan from a local

    government unit (LGU) seeking the required opinion from the

    central bank, the Bangko Sentral ng Pilipinas (BSP) has issued a

    new circular which rationalizes all LGU domestic borrowing

    proposals.

    In the circular memo released as Circular No. 769, the BSP

    revised the guidelines on requests for Monetary Board opinion on

    any LGU proposed loans, which the issuer needs to determine theimpact of such borrowings to the countrys balance of payments.

    The borrowings are domestic not foreign but it could be either

    in peso or dollar-denominated and even if the loan will be

    sourced within the Philippines, it may have an impact on BOP as

    well as other monetary aggregates and price levels.

    The guidelines direct either the LGU or the lending bank to seek

    the BSP opinion before the loan release. Once the completed

    documents have been submitted, the Monetary Board will evaluate

    the proposed borrowings and its implications on BOP.

    Once an opinion has been released, it will be valid for six

    months. But, BSP said no opinion will be issued in cases where

    the LGU borrowing has already been partially or fully disbursed.

    Based on the circular memo, BSP Governor Amando M. Tetangco Jr.

    said the new circular supersedes the previous 2003 regulations

    which may be inconsistent with the revised rules.

    Last year in another memo, the BSP has cautioned government

    financial institutions (GFIs) and private banks lending to LGUs

    without the requisite certificates and documents issued by theBureau of Local Government Finance which would reveal whether an

    LGU has enough resources or capacity to pay the loan.

    There is no limit to which an LGU can borrow but the maximum

    debt service allocation in the local budget has been set at 20

    percent of regular income.

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    However in 2010, the central bank did attempt to restrict LGU

    borrowings from GFIs, such as Land Bank of the Philippines, the

    Development Bank of the Philippines and Philippine Veterans

    Bank.

    The Monetary Board has been assessing banks and not just

    state-controlled banks total investments in debt securities

    issued by LGUs.

    The Local Government Code of 1991, or Republic Act No. 7160,

    authorized LGUs to issue bonds as an alternative means of

    raising funds for local projects. Unlike traditional LGU fund

    sources such as IRA, loans and grants, municipal bonds can be

    used only to finance self-liquidating development projects since

    the source of repayment comes from cash flows generated by the

    project itself.

    One of the largest GFI underwriting LGU bond issuance was in2006 when Land Bank assisted with a P40 billion notes issue for

    the Municipality of Bulan, Sorsogon. The Bulan bonds were the

    first municipal bonds that were not guaranteed by the National

    Government. The proceeds were used to finance two of the

    municipalitys priority projects the integrated bus terminal and

    slaughterhouse projects.

    Connecting it to the Constitution

    Local government units may group themselves, consolidate or

    coordinate their efforts, services, and resources for purposes

    commonly beneficial to them in accordance with law; and its

    listed and explained in Section 13 of Article 10 of the 1986

    Philippine Constitution. On that case, the local government

    teamed up with Bangko Sentral ng Pilipinas.