Meanings and Concepts of Local Government1. Distribution of Powers to Local Government as Limitation to Political Authority

Ways of Limiting Political Authoritya. Providing for certain procedures in the manner of exercising the powers of the government as in the case of law-making process.b. Providing for certain prohibitions against unwarranted exercise of governmental powers, such as those found in the Bill of Rights.c. Distributing, horizontally and vertically, the powers of the government in order to prevent over-concentration of powers in one branch or agency.Horizontal distribution of government powers-the powers of the government are distributed among the three branches of the national government, namely: legislative, executive and judicial.Vertical distribution of governmental powers The powers of the government are distributed among at least two (2) levels of the government, the upper and the lower levels. The upper level is the national government and at the lower level is the local government.The distribution of governmental powers among the two levels of the government guarantees liberty and democracy.2. Local Governments as Political and Territorial subdivision of the State.

Local government is defined as a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs.

Local governments are political and territorial subdivisions of the state

Types of system of government:

a. Unitary The national government supervises local government affairs, as local governments derive both their existence and powers form the national government.b. Federal Local governments are supreme within their own sphere such that they actually become quasi-sovereign states although still subordinate to the national government in some respect, such as in the area of foreign affairs, defense, currency, and commerce.Definition of local government by UNLocal governments are political subdivision of a nation or state.Definition by International Union of Local AuthoritiesLocal governments as geographic subdivisions.3. Local Governments as Municipal Corporations

According to Kyd Corporation is a collection of individuals united in one body, under a special denomination, having perpetual succession under their artificial form, and vested by the policy of the law with the capacity of acting in several respects as an individual, particularly of taking and granting property, of contracting obligations, and of suing and being sued.Local governments are essentially municipal corporations. It is a 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.Section 15, Local Government Code of 1991Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the national government and as a corporate entity representing the inhabitants of its territory.Criteria for creating LGU:1. ProvinceLand area: at least 2,000 square metersPopulation: not less than 250,000 as certified by the National Statistics OfficeIncome: at least 20 million as certified by the Department of Finance

2. CityLand Area: at least 1000 square metersPopulation: 150,000Income: At least 20 Million income (100 Million under RA 9009)

3. MunicipalityLand Area: at least 50 square kilometersPopulation: 25,000Income: at least 2.5 Million4. BarangayPopulation: at least 2,000

While these local units may be created by law, the LGC mandates that the residents of the areas affected by the creation should approve the measure in a plebiscite.

Tiers of Local Government

The province is the intermediate unit, providing supervision to the municipalities and component cities under it and performing services for national government.

The basic unit of local government, or those performing services for people who live together in a community are the cities and municipalities (and barangay).

UNITARY SYSTEM OF GOVERNMENT

Municipal governments are only agents of the national government. The delegate cannot be superior to the principal or exercise powers higher than those of the latter.

The principles of local autonomy under the 1987 Constitution simpley means decentralization. It does not make local governments sovereign within the state or an imperium in imperio.

GENERAL PRINCIPLES:

Corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incident to its existence.

Classification:

Public corporation one that is organized for government of a portion of a state, such as local government unit. It is created for public use.

Private corporation one that is formed for some private purpose, benefit, aim or end, such as a business corporation formed under the Corporation Code of the Philippines. It is created for private objects.

Quasi-public corporation is a private corporation that renders public service or supply public wants, such as utility companies. It combines the elements of both public and private. Though organized for private profit, they are compelled by law or contract to render public service.Private vs. Public Corporation

Public corporations are established for purposes connected with the administration of civil or local governments; private corporations are created for private aim, gain, or benefits of its members.Public corporations are creations of the state either by general or special act while private corporations are created by the will of the incorporators.

If the corporation is created by the State as its own agency or instrumentality in carrying out its governmental functions, then the said corporation is considered public, otherwise, it is private.

Public corporation, classified.

Quasi-public corporation is created by the State for a limited purpose.

Municipal corporation a body politic and corporate constituted by the incorporation of the inhabitants for the purpose of local government.

A municipal corporation is a body politic and corporate established by law to assist in the civil government of the state, with delegated authority to regulate and administer the local and internal affairs of a city, town or district which is incorporated.

Municipal corporations vs. Quasi- public corporations

The object of municipal corporation is public, although incidents connected with it may be of private nature, while quasi-publice corporation is of a private nature and object, with incidents only that are public.

Elements of Municipal Corporations

1. Legal creation/ incorporation It refers to the law creating or authorizing the creation or incorporation of a municipal corporation.2. Corporate name Refers to the name of the municipal corporation by which it is incorporated and known in which all corporate acts are done.A change of name will not dissolve nor destroy the identity of the municipal corporation, nor affect its rights, privileges and liabilities.

3. Inhabitants This refers to the land mass where the inhabitants reside, together with the waters, and the air space above the land and water.

Territorial boundaries of municipal corporations must be definite, fixed, or certain; in fact an incorporation is void where the boundaries of the municipal corporation are not described with certainty.Dual nature and function of municipal corporations1. Governmental function Involves the administration of the power of the State and promoting the public welfare.2. Proprietary function It is exercised for the special benefit and advantage of the community and for the attainment of their collective needs. The local government exercises governmental function as agents of the state.Bara Lidasan vs. COMELECISSUE: Whether or not a cluster of just nine (9) barangays, after the 12 barangays of a 21-barangay proposed municipality was declared invalidly included in the proposed municipality, can compose a municipality.RULING: A local government unit must be self-sufficient to enable it to exercise its corporate powers and serve its constituents. The SC found the nine (9) remaining barangays or barrios as insufficient to constitute a separate municipality.Municipal Corporation performs twin functions, namely:1. They serve as an instrumentality of the State in carrying out functions of government2. They act as agency of the community in the administration of local affairs.Surigao Electric Co. vs. Municipality of SurigaoISSUE: Whether or not a local government unit can be considered as an instrumentality of the national government. Whether or not a LGU wanting to operate public utility company (electric company) was exempt from obtaining a certificate of public convenience.RULING: Governmental affairs does not lose their governmental character by being delegated to the municipal governments. To preserve the peace, protect the morals and health of the community and so on is to administer government, whether it be done by the central government itself or is shifted to a local organization.Tatel vs. Municipality of ViracMunicipal corporations are agencies of the State for the promotion and maintenance of local self-government and as such are endowed with police powers in order to effectively accomplish and carryout the declared objects of their creation.Municipality of San Fernando vs. FirmeLocal government units are not exempted from liability for death or injury to persons or damage to property.Sources of Power of LGUa. 1987 Constitutionb. The Local Government Code of 1991c. Other laws, decrees, executive orders, proclamations and administrative regulations.Classification of Powers of LGUa. Those that are expressly granted to themb. Those that are implied from those that are granted to themc. Those that are necessary, appropriate, or incidental for their efficient governance;d. Those that are essential to the promotion of the general welfare of their inhabitantsKinds of Municipal Corporationsa. De jure Creation perfectly complies with all the requirements of incorporation.b. De facto When not all the requirements were complied with in its incorporation, but there are at least the following, namely:a. Valid law authorizing incorporationb. Attempt in good faith to organized itc. Colorable compliance with law; andd. Assumption of corporate powersLOCAL AUTONOMYLocal autonomy signifies a more responsive and accountable government structure instituted through a system of decentralization.Limbona vs. MangelinAutonomy is either decentralization of administration or decentralization of power.Decentralization of administration when the central government delegates administrative powers to political subdivisions in order to broaden the base of government power and in the process to make them more effective partners in the pursuit of national development and social progress.Decentralization of power involves an abdication of political power in favor of local governments declare to be autonomous.Philippine Concept of Local autonomyThe national government has not completely relinquished all its powers over local governments, including autonomous regions. Only administrative powers over local affairs are delegated to political subdivision. The purpose of delegation is to make governance more directly responsive and effective at the local levels.Local autonomy under the constitution involves a mere decentralization of administration, not of power, in which the local government official remains accountable to the central government in the manner the law may provide. Autonomy does not contemplate making mini-states out of local government units.The constitutional guarantee of local autonomy in the Constitution refers to the administrative autonomy of local government units, or decentralization of government authority.San Juan vs. Civil Service CommisionRuling: The Supreme Court ruled in favor of the Governor, who was allowed to nominate another applicant qualified to the position because the Governor was seen to be in a much better position than the Secretary of Budget and Management in determining local needs, stating the need to obey the clear mandate on local autonomy.Where the law is capable of two (2) interpretations, one in favor of centralized power and the other beneficial to local autonomy, the scales must be weighed in favor of autonomy.Laguna Lake Development Authority vs. CARuling: the power of the local government units to issue fishing privileges was clearly granted for revenue purposes and not for regulatory purpose. On the other hand, the power of LLDA to grant permits for fish pens, fish cages and other aqua-culture structures was found to be for the purpose of effectively regulating and monitoring activities in the Laguna de Bay region and for lake quality control and management.LGU, in addition to having administrative autonomy, enjoys fiscal autonomy as well.Fiscal autonomy means that the local government have the power to create their own sources of revenue in addition to their equitable share in the national taxes released by the national government.Creation of autonomous regions contemplates a grant of political autonomy and not just administrative autonomy.SYSTEM OF DECENTRALIZATIONThe territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self reliant communities and make them more effective partners in the attainment of national goals.The local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed form the national government to the local government units.DEVOLUTIONRefers to the act by which the National Government confers power and authority upon the various local government units to perform specific functions and responsibilitiesDECONCENTRATIONRefers to the transfer of authority and power to the appropriate regional offices of field offices of national agencies or offices whose major functions are not devolved to local government units.Local autonomy refers to the degree of self-determination exercised by the local government units vis--vis the central government. To achieve local autonomy, the system of decentralization is a pre-requisite. And, to effect this system of decentralization, a process called devolution is applied. But when the process involves transfer of functions from the national office to regional office, and not to local governments, involving administrative functions, it is properly called decentralization.LGU and Autonomous regionsThe constitution does not create local government units. It is still should be created by law. It only constitutionally ensures the existence of these territorial and political units in our structure. Hence, a law cannot for example abolish a barangay.Barangay serves as a primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community.The municipality serves primarily as a general purpose of the government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction.The provinces, cities, municipalities and barangays can be properly called the regular local government units, and the Muslim Mindanao and Cordilleras as Autonomous Regions.Highly urbanized cities those cities whose income is 50 million or more.Independent component cities are cities whose charters prohibit their voters from voting and be voted for provincial elective officials and shall be independent of the province.Component cities are cities whose charter does not prohibit voters from voting for provincial elective officials.Abella vs. COMELECComponent cities whose charters prohibit their voters from voting for provincial elective officials are treated like highly urbanized cities which are outside the supervisory power of the province to which they are geographically attached.Special Metropolitan Political SubdivisionsThe Congress may by law create a Special Metropolitan Political Subdivision, subject to a plebiscite. The component cities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies.They are not considered separate local government units.MMDA vs. Bel-Air VillageRuling: MMDA is not even a special metropolitan political subdivision because there was no plebiscite when it was created and the President exercises not just supervision but control over it. MMDA has purely administrative functions.Loose FederationsLocal government units may enter into some loose federations of local government units. Local government units may group themselves, consolidate or coordinate their efforts, services and resources for the purpose commonly beneficial to them in accordance with law.Loose federations may be created through appropriate ordinances enacted by the local government units concerned.REGIONAL DEVELOPMENT COUNCILSThe president shall provide for Regional Development Councils compose of a. Local government officialsb. Regional heads of departments or other government officesc. Representative form non-government organizations within the regions.It is established without the need of authorization from Congress.LOCAL GOVERNMENT CODE OF 1991The code shall apply to all provinces, cities, municipalities, barangays and other political subdivision as may be created by law.RULES ON INTERPRETATION OF THE PROVISION OF THE LOCAL GOVERNMENT CODE.1. Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in case of doubt, any question shall be resolved in favor of devolution of powers and of the lower local government units.2. In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the local government unit enacting it and liberally in favor of the tax payer. Tax exemptions shall be construed strictly against the person claiming it.3. The general welfare provisions in the Code shall be liberally interpreted to give more powers to local government units in accelerating economic development and upgrading the quality of lie for the people in the community.4. In the resolution of controversies arising under the Code where no legal provisions or jurisprudence applies, resort may be had to the customs and traditions in the place where the controversies take place.