Notes in Local Government of The Philippines

Notes in Local Government of the Philippines
P – eople
E – mergency power to the President
T – arrif
A – dministrative bodies
L – ocal Government Units
Province Barangays
LGU
Municipalities Cities
Delegates to the LGU:
 Police Power
 Eminent Domain
 Taxation
Local Government – a political subdivision of a nation or state which is constituted by law and has substantial control of
local affairs with officials elected or otherwise locally selected.
It is important to have a local government to regulate local affairs in the locality or area of jurisdiction rather than by
central authority.
History of Local Government in the Philippines
Pre-colonial: Datu and Council of Elders
city-states (no higher government)
Spanish Period: King Philip II of Spain and Governor-General
Barangays = Barrios
Datu = Cabeza de Barangay
No legislative, because laws were made in Spain, only cascaded in PH
“Cortez”- acts as legislative department
First PH republic: independent “de facto” government (illegitimacy) not in accordance with the law
3 governments considered “de facto”: 1. De facto proper (Corazon administration)
2. Government of paramount force
3. Independent government
Owned by: Regine Laguilles

Disclaimer: This document serves only as a reviewer and shall not be used in any academic dishonesty act. If used for it
beyond owner’s sight and control, the owner shall not be liable for any consequences that may arise.
American period: still centralism
Commonwealth (interrupted by Japanese)
1935 Constitution, Art. VII, Sec. 10 – Philippines shall exercise general supervision over local
government.
Second PH republic: government of paramount force (de facto still)

Third PH republic: De jure (legitimate); there is 1987 Constitution.
Fourth PH republic: Martial Law
January 17, 1981 – Martial Law was lifted
Corazon Aquino – de facto President (due to snap election)
Fifth republic: Decentralization
Art. X, Sec. 5, 1987 Constitution
“Imperium in imperio”
LGU taxes: amusement, sales, real properties, etc.
Mandanas-Garcia ruling: Full devolution
GENERAL PRINCIPLES
Corporations: LGU’s are artificial/juridical persons
Elements of Municipal corporations:
 Legal creation/incorporation
 Corporate name (e.g. City of Cebu)
 Inhabitants
 Territory
3 KINDS: 1. Public corporations
Classifications of Public corporations:
a. Municipal corporations – charter, assist civil government; object is public, incidents are private.
Dual Nature and Functions of Municipal corporations:
1. Governmental (public/private) functions
2. Proprietary (private, patrimonial, corporate) functions
b. Quasi- corporation – are created by the state for a limited purpose; private of nature, incidents are public.
Test to determine Public/Private Corporations:
1. The purpose of its creation
2. The relationship of the corporation to the state
Constituents
Ministral Government Functions

Doctrine of parens patriae
2. Private corporations
3. Quasi-Public corporations (Aleco, Water districts) – private corps. rendering public services.
Special classes: De facto corporations, Corporations by prescription, Corporations by estoppel
a. De facto corporations - consent of the state is implied; requirements not substantially complete.
b. Corporations by prescription – common law principle; presumption arises when charter granted to their predecessors;
lawful and rightful; no papers in SEC.
c. Corporations by estoppel – would not be permitted to deny the fact the existence of the corporation.
Sources of Power of PH Local Government
1. 1987 Constitution, Art II, Sec. 25, Art. X, Sec. 5-7
2. Local Government Code of 1991 (R.A. 7160)
3. Their Charters (statute creating them)
4. Other laws, decrees, orders (e.g., E.O. 138 of Pres. Duterte re: Full Devolution)
Powers of LGU: express, implied, inherent, governmental, proprietary, intramural, extramural, mandatory or directory,
and ministerial or discretionary
Under the Code and the IRR, LGUs may exercise four (4) general kinds of power:
1. Those that are expressly granted to them.
2. Those that are implied from those granted to them.
3. Those that are necessary, appropriate, or incidental for their efficient and effective governance.
4. Those that are essential to the promotion of the general welfare of their inhabitants.
The Concept of Local Autonomy, Decentralization, Devolution, and Deconcentration
NATIONAL-LOCAL GOVERNMENT RELATIONS: AN OVERVIEW
Centralization – means that the authority, responsibility, and ability to perform the basic functions of an organization are
concentrated in a central governing unit.
Functions include a. representing the organization; b. determining its goals; c. making decisions.
National or Central
Government
LGUs
People
Decentralization – dispersal of authority and responsibility and the allocation of powers and functions from the center or
top level of government to the basic levels, from the central government to the regional bodies or special purpose or
authority, or from the national to the sub-national levels of government.
Forms: Decentralization, Devolution, and Privatization
Deconcentration: administrative decentralization (e.g., regional to field office)

Devolution: political decentralization (transfer of power to political subdivisions of the State)
Privatization: delivery of certain government functions may be delegated to a non-state institution such as business
corporations and non-government or people’s organizations.
LOCAL AUTONOMY – ability of different tiers of local governments for self-government.
There are at least four (4) requirements that must be in place before local government units may enjoy autonomy:
1. A set of locally elected officials, at least at the legislative level, through which the local government unit can
make its decisions and promulgate laws relevant to the needs of the community.
2. A well-defined area of responsibility i.e., they must know what exactly is expected to them if they are to take
charge of delivering basic services.
3. A clear delineation of nature of local-national government relations
4. Ability to generate local resources that it can be utilized to finance programs.
Five (5) Measures of Autonomy
1. Self-determining in terms of goals and functions;
2. Inclined to exercise initiative, leadership, and discretion in decision-making and action;
3. Self- reliant in resources and strategies;
4. Open to local participants; and
5. Responsive and accountable to local constituents.
Tiers of Philippine Local Government
National
Highly Urbanized City Province
Barangay Municipality Component City
Barangay Barangay


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Delegates to the LGU:

Owned by: Regine Laguilles

Second PH republic: government of paramount force (de facto still)

Owned by: Regine Laguilles

Owned by: Regine Laguilles

Highly Urbanized City Province

Barangay Municipality Component City

Owned by: Regine Laguilles

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