The Nature and The Nature and State of Local State of Local GovernmentGovernment

Discussant: RHOMIR S. YANQUILINGDiscussant: RHOMIR S. YANQUILING

Professor: Dr. Jo B. BitonioProfessor: Dr. Jo B. BitonioDPA 102 Philippine Administrative SystemDPA 102 Philippine Administrative System

““It is better for a city to be It is better for a city to be governed by a good man governed by a good man than by good laws.”than by good laws.”

AristotleAristotle

Discussion Overview Discussion Overview

Meaning and Nature of Local Meaning and Nature of Local GovernmentsGovernments

Layers of Local AuthorityLayers of Local Authority Rationale for Local GovernmentRationale for Local Government Classification Systems of LGUsClassification Systems of LGUs Structures and Functions of Local Structures and Functions of Local

Governments in the PhilippinesGovernments in the Philippines

Local Government as Local Government as Territorial and Political Territorial and Political

SubdivisionsSubdivisions By nature, local governments are By nature, local governments are

subordinate entities, having no inherent subordinate entities, having no inherent powers and must look up to the higher powers and must look up to the higher governmental level for delegation of governmental level for delegation of authorityauthority

Local governments are political Local governments are political subdivisions of a nation or state (United subdivisions of a nation or state (United Nations Division for Public Nations Division for Public Administration)Administration)

Local governments are “parts” of the Local governments are “parts” of the government of a nation or state of ‘a government of a nation or state of ‘a country”country”

Local governments are “geographic Local governments are “geographic subdivisions”; or restricted geographic subdivisions”; or restricted geographic areas, dealing with those matters areas, dealing with those matters which concern the people living in a which concern the people living in a particular locality. particular locality. ( International ( International Union of Local Authorities)Union of Local Authorities)

Two important elements are found in Two important elements are found in any definition of local government: the any definition of local government: the presence of a higher authority and presence of a higher authority and territorial boundary territorial boundary

Local Government as Local Government as Legal Authorities Legal Authorities Providing ServicesProviding Services

While local governments do not have While local governments do not have inherent powers, they do have legal inherent powers, they do have legal authority to exercise their powersauthority to exercise their powers

Constituted by law, they possess Constituted by law, they possess rights and the necessary organization rights and the necessary organization to regulate their own affairs. (United to regulate their own affairs. (United Nations)Nations)

Layers of Local AuthorityLayers of Local Authority Within subordinate local governments exists Within subordinate local governments exists

hierarchy of authority. Except in Switzerland and hierarchy of authority. Except in Switzerland and very few countries, there are at least two layers very few countries, there are at least two layers of local government (Humes and Martin, 1969):of local government (Humes and Martin, 1969):* * intermediate units intermediate units of local government which of local government which coordinate services in a larger area and coordinate services in a larger area and supervise lower levels of local authorities (e.g., supervise lower levels of local authorities (e.g., provinces, counties, prefectures or special provinces, counties, prefectures or special structures such as regional or metropolitan structures such as regional or metropolitan governments)governments)

Layers of Local AuthorityLayers of Local Authority

* * basic units basic units of local government, of local government, those performing services for people those performing services for people who live together in a community who live together in a community (cities, municipalities, districts)(cities, municipalities, districts)

* The existence of several layers of local governments in the Philippines may be attributed to its geographic peculiarities, centralist experience and the historical basis of its barangays

In a few countries, a lower and In a few countries, a lower and smaller form of local government smaller form of local government constitutes the sub-municipal constitutes the sub-municipal level, typified by the level, typified by the barangaysbarangays in in the Philippines, the the Philippines, the parishesparishes in in the UK, and the the UK, and the mahalle mahalle in in Turkey.Turkey.

The The International Union of Local International Union of Local Authorities Authorities (IULA) noted that the (IULA) noted that the number of layers of local number of layers of local government depends on:government depends on:

* geography* geography* number of basic units* number of basic units* degree of centralization* degree of centralization

* population* population

Local Governments as Local Governments as Municipal CorporationsMunicipal Corporations““A municipal corporation is the body A municipal corporation is the body politic and corporate constituted by the politic and corporate constituted by the incorporation of the inhabitants of a city incorporation of the inhabitants of a city or town for the purpose of local or town for the purpose of local government thereof. Municipal government thereof. Municipal corporations assist in the civil government corporations assist in the civil government of the country, chiefly to regulate and of the country, chiefly to regulate and administer the local internal affairs of the administer the local internal affairs of the city, town or district incorporated.”city, town or district incorporated.”

---Judge Dillon as quoted by Sinco and Cortes---Judge Dillon as quoted by Sinco and Cortes

As municipal corporations, local As municipal corporations, local governments have governmental and private governments have governmental and private functions.functions.

The power to create municipal corporations The power to create municipal corporations “is inherent in sovereignty.” In the “is inherent in sovereignty.” In the Philippines, the power is vested in the Philippines, the power is vested in the legislature. Thus Congress by law creates legislature. Thus Congress by law creates LGUs, although plebiscite among the LGUs, although plebiscite among the affected residents is a pre-requisite before affected residents is a pre-requisite before actual operation.actual operation.

Rationale for Local Rationale for Local GovernmentsGovernments

The local governments continue to exist The local governments continue to exist because of the necessary functions they because of the necessary functions they performperform

According to Maas (1959), editor of According to Maas (1959), editor of Area and Area and PowerPower, local government is presented as a , local government is presented as a manner of dividing power by area or manner of dividing power by area or authority.authority.

Ylvisaker stated that the existence of local Ylvisaker stated that the existence of local government promotes liberty, equality and government promotes liberty, equality and welfarewelfare

Maddicks pointed out that the Maddicks pointed out that the creation of local government creation of local government units is “advantageous for the units is “advantageous for the promotion of rural development”promotion of rural development”

Local governments are a means Local governments are a means of providing self-identity, of providing self-identity, especially in ethnically especially in ethnically homogenous communitieshomogenous communities

Classification of Local Classification of Local Government SystemsGovernment Systems Alderfer (1964) classifies local government Alderfer (1964) classifies local government

systems into four basic types: the systems into four basic types: the FrenchFrench, the , the EnglishEnglish, the , the SovietSoviet and the and the traditionaltraditional

* French system- hierarchical and * French system- hierarchical and centralizedcentralized

* English system- decentralized* English system- decentralized

* Soviet system- hierarchical but * Soviet system- hierarchical but

decentralized and is led by one partydecentralized and is led by one party

The The IULA IULA classified seven (7) local classified seven (7) local government systems in terms of government systems in terms of geography and culture:geography and culture:

* * Anglo-Saxon Group- Anglo-Saxon Group- UK, UK, Australia, Union of South Africa, Canada Australia, Union of South Africa, Canada and USand US

* * Central and Northwest Group- Central and Northwest Group- Germany, Switzerland, The Netherlands, Germany, Switzerland, The Netherlands, Belgium and LuxembourgBelgium and Luxembourg

* * East Europe Group- East Europe Group- Soviet Soviet Union, Poland, Bulgaria and Yugoslavia Union, Poland, Bulgaria and Yugoslavia

**

South Europe Group-South Europe Group- France, France, Italy, Greece, Spain and PortugalItaly, Greece, Spain and Portugal

* * West Asia and North Africa West Asia and North Africa Group- Group- all Islamic countries, mostly all Islamic countries, mostly Arab or Arab-influenced)Arab or Arab-influenced)

* * South Asia and East Africa South Asia and East Africa Group- Group- India, Sri Lanka, Malaysia, India, Sri Lanka, Malaysia, Burma, Sudan and EthiopiaBurma, Sudan and Ethiopia

* * East Asia Group- East Asia Group- Thailand, Thailand, Philippines and JapanPhilippines and Japan

Structures of LGUs in the Structures of LGUs in the PhilippinesPhilippines

The national government by law The national government by law creates, merges or abolishes LGUs, creates, merges or abolishes LGUs, endows them with powers within their endows them with powers within their jurisdictions and determines national-jurisdictions and determines national-local government units.local government units.

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

Criteria in the Creation of Criteria in the Creation of LGUsLGUs

For the province:For the province:Land area: 2,000 sq. km. (to be Land area: 2,000 sq. km. (to be

certified by the LMB)certified by the LMB)Population: at least 250,000 Population: at least 250,000

(to be certified by the NSO)(to be certified by the NSO) Income: at least 20 M (to be Income: at least 20 M (to be

certified by the DOF)certified by the DOF)

For the component city:For the component city:Land area: at least100 sq. km. Land area: at least100 sq. km.

(to be certified by the LMB)(to be certified by the LMB)Population: at least 150,000 Population: at least 150,000

(to be certified by the NSO)(to be certified by the NSO) Income: at least 20 M (to be Income: at least 20 M (to be

certified by the DOF)certified by the DOF)

For the highly urbanized city:For the highly urbanized city:Land area: at least 50 sq. km. Land area: at least 50 sq. km.

(to be certified by the LMB)(to be certified by the LMB)Population: at least 200,000 Population: at least 200,000

(to be certified by the NSO)(to be certified by the NSO) Income: at least 50 M (to be Income: at least 50 M (to be

certified by the DOF)certified by the DOF)

For the municipality:For the municipality:Land area: at least 50 sq. km. Land area: at least 50 sq. km.

(to be certified by the LMB)(to be certified by the LMB)Population: at least 25,000 (to Population: at least 25,000 (to

be certified by the NSO)be certified by the NSO) Income: at least 2.5 M (to be Income: at least 2.5 M (to be

certified by the DOF)certified by the DOF)

For the barangay:For the barangay:The only criterion is population The only criterion is population

of at least 2,000; provided that of at least 2,000; provided that barangays in Metropolitan barangays in Metropolitan Manila should have a minimum Manila should have a minimum population of 5,000.population of 5,000.

Officials of LGUsOfficials of LGUs Each local government unit has a set Each local government unit has a set

of executive and legislative officialsof executive and legislative officials At the provincial level: Governor, At the provincial level: Governor,

Vice-Governor and the members of Vice-Governor and the members of the Sangguniang Panlalawiganthe Sangguniang Panlalawigan

At the municipal/city level: Mayor, At the municipal/city level: Mayor, Vice-Mayor and members of the Vice-Mayor and members of the Council (the Sangguniang Bayan and Council (the Sangguniang Bayan and Sangguniang Panlungsod)Sangguniang Panlungsod)

In addition to the elected officials, In addition to the elected officials, there are there are ex-officio members ex-officio members (local (local presidents of the league of barangays, presidents of the league of barangays, presidents of the local federation of presidents of the local federation of Sangguniang Kabataan, presidents of Sangguniang Kabataan, presidents of the federation of Sangguniang the federation of Sangguniang Members and three sectoral Members and three sectoral representatives (from women, workers representatives (from women, workers and special sectors)and special sectors)

Appointive Appointive officials officials in the LGUs in the LGUs are the Secretary to the Sanggunian, are the Secretary to the Sanggunian, Treasurer, Assessor, Budget Officer, Treasurer, Assessor, Budget Officer, Civil Registrar, Administrator, Legal Civil Registrar, Administrator, Legal Officer, Agriculturist, Social Welfare Officer, Agriculturist, Social Welfare and Development Officer, etc.and Development Officer, etc.

Services Rendered by the Services Rendered by the LGUsLGUs

The following five (5) basic services The following five (5) basic services are devolved to the LGU’s by the are devolved to the LGU’s by the Local Government Code:Local Government Code: HealthHealth AgricultureAgriculture Maintenance of public works and Maintenance of public works and

highwayshighways Environmental protectionEnvironmental protection Social WelfareSocial Welfare

Funds of LGUFunds of LGU Main source of revenue is the internal Main source of revenue is the internal

revenue tax (IRA)revenue tax (IRA) Local governments can impose real Local governments can impose real

property tax and much depends on their property tax and much depends on their assessments and collection efficiency. They assessments and collection efficiency. They also tax businessalso tax business

Cities and municipalities impose the Cities and municipalities impose the amusement tax; even now barangay amusement tax; even now barangay clearance are required for business permitsclearance are required for business permits

Special Local Special Local Government UnitsGovernment Units

Autonomous Region in Muslim Autonomous Region in Muslim Mindanao (ARMM) (RA 6734) which Mindanao (ARMM) (RA 6734) which would respond to the special needs would respond to the special needs in the predominantly Muslim areas. in the predominantly Muslim areas. The region has its Governor, The region has its Governor, Assembly as well as a cabinet. Assembly as well as a cabinet. Provinces covered include Sulu, Provinces covered include Sulu, Tawi-Tawi, Maguindanao, Lanao del Tawi-Tawi, Maguindanao, Lanao del Sur, Basilan Province and Marawi Sur, Basilan Province and Marawi CityCity

Metropolitan Manila Development Authority Metropolitan Manila Development Authority (MMDA) (RA7924). It has a governing board that (MMDA) (RA7924). It has a governing board that represents the 17 cities and municipalities. represents the 17 cities and municipalities. Included in the board are the Presidents of the Included in the board are the Presidents of the Metro Manila Vice-Mayor’s League and Metro Manila Vice-Mayor’s League and Councilor’s League. The Chairman of the Board Councilor’s League. The Chairman of the Board is a presidential appointee.is a presidential appointee.

Functions performed by the MMDA include Functions performed by the MMDA include development planning, transportation and traffic development planning, transportation and traffic management, solid waste disposal, flood control management, solid waste disposal, flood control and sewerage management, urban renewal, and sewerage management, urban renewal, health and sanitation, pollution control and health and sanitation, pollution control and public safety.public safety.

References:References:Maas, Arthur, ed. Maas, Arthur, ed. Area and Power: A Theory of Local Area and Power: A Theory of Local

GovernmentGovernment. Glencoe, III.: Free Press. . Glencoe, III.: Free Press.

Tapales, Proserpina D. Tapales, Proserpina D. The Nature and State of Local The Nature and State of Local Government Government . Public Administration in the Philippines: A . Public Administration in the Philippines: A Reader. ed by Bautista, et al. NCPAG-UP Diliman. 2003 Reader. ed by Bautista, et al. NCPAG-UP Diliman. 2003

Decentralization for National and Local DevelopmentDecentralization for National and Local Development: : New York: United Nations Division for Public New York: United Nations Division for Public Administration. 1962Administration. 1962