Local Government and Regional Administration-Part1
Local Government and Regional Administration-Part1
Local Government and Regional Administration-Part1
National College of Public Administration and Governance University of the Philippines, Diliman, Quezon City, PH
1. BASIC CONCEPTS
Basic Concepts
Public corporations are those formed or organized for the government of a portion of the state (Sec. 3, Act No. 1459)
A public corporation is one that is created by the State either by general or special act for purposes of administration of local government or the rendering of service in the public interest. On the other hand, a corporation is private if it is formed for some private purpose, benefit, aim or end (Sec. 3, Act No. 1459)
Classifications
Quasi-public corporations are those created as agencies of the State for limited or specific purposes devoid of the powers and liabilities of self-governing corporations Municipal corporation is a public corporation created by the government for political purposes or reasons and having powers of local legislation
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Municipal Corporation
A body politic and corporate constituted by the incorporation of the inhabitants of a city or town for the purpose of local government thereof; it is established by law partly as an agency of the State to assist in the civil government of the country, but chiefly to regulate and administer the local and internal affairs of the city (or) town which is incorporated (Martin, 1970) considered as a subordinate branch of the government of the State performing powers and functions which have been duly delegated Requirements for the creation and existence of a municipal corporation:
Charter corporate name People place or territory
Principles
Autonomy is either decentralization of administration or decentralization of power
Decentralization of administration when the central government delegates administrative powers to political subdivisions to broaden the base of governmental powers, and in the process, make local government more responsive and accountable thereby ensuring their fullest development as self-reliant communities Decentralization of power involves the abdication of political power in favor of local government units declared to be autonomous (what is left to the NG is mere general supervision)
Decentralization
Devolution is the act by which the national government confers power and authority upon its various local government units to perform specific functions and responsibilities (Sec. 12 (a), LGC) Deconcentration is the distribution of requisite and necessary authority and power to the appropriate regional or field office whose major functions are not devolved to local government units (Sec. 528, LGC).
the enactment of a local government code which provides, inter alia, for:
A more responsive and accountable local government structure;
Congress of the Philippines enacted into law Republic Act Numbered 7160, otherwise known as the Local Government Code of 1991
stipulates the nature, scope and extent of corporate powers of LGUs
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A system of decentralization with effective mechanisms of recall, initiative, and referendum; The allocation among the different local government units of their powers, responsibilities, and resources; The appointment and removal, term of office, and salaries of local government officials; The powers and functions and duties of local officials; and All other matters relating to the organization and operation of the local government units (Art. X, Sec. 3)
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Local governments constitute the foundation of the entire structure of the government
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Spanish Period
Spanish colonizers introduced a centralized system with the Spanish governor-general as the supreme authority in all matters with the subnational officials acting as his agents (Morada & Tadem) The barangay (renamed as barrio) remained as basic administrative units but other ties of local government were added: the pueblos (municipalities), cabildos (cities), and provincias (provinces) The Maura Law of 1893 sought reforms in the local government system by grantinggreater local autonomy to towns and provinces in Luzon and Visayas and by allowinglocal citizens to select some of their officials
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American Occupation
organization of municipal and provincial councils based on general suffrage Pronouncements indicative of the thrust towards local autonomy included the Instructions of President McKinley to the Taft Commission; the incorporation of the City of Manila (Act 183 of the Philippine Commission in 1902); the establishment of the Moro Province (Act 787 in 1903); the organization of provincial governments (Act 1396 in 1905); and the extension of popular control
Post-Japanese period
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RA 2264 (An Act Amending the Laws Governing Local Governments by Increasing their Autonomy and Reorganizing Provincial Governments) enacted in 1959 vested in city and municipal governments greater fiscal, planning and regulatory powers. It broadened the taxing powers of the cities and municipalities within the framework of national taxing laws Barrio Charter Act (RA 2370) sought to transform the barrios into quasi-municipal corporations by vesting them some taxing powers. Barrios were to be governed by an elective barrio council The "Decentralization Act of 1967" (RA 5185) further increased the financial resources of local government and broadenedtheir decision-making powers over administrative (mostly fiscal and personnel) matters
The President continued to exercise supervision and control over the local governments Local Government Code of 1983 (Batas Pambansa Bilang 337) reiterated the policy of the State to guarantee and promote the autonomy of local government units
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Land area: at least 50 sq. km. (to be certified by the LMB) Population: at least 25,000 (to be certified by the NSO) Income: at least 2.5 M (to be certified by the DOF)
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Provinces
Municipalities
Component Cities
Barangays
Barangays
Barangays
Municipalities: 1,512 Barangays: 42,025 These political subdivisions enjoy autonomy but are under the supervision of the President through the secretary of the DILG
City Classification
Highly Urbanized Cities - Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified by the National Statistics Office, and with the latest annual income of at least Fifty Million Pesos (P50,000,000.00) based on 1991 constant prices, as certified by the city treasurer (e.g. Metro Manila cities, Cebu, Mandaue and Davao). Independent Component Cities - Cities whose charters prohibit their voters from voting for provincial elective officials. Independent component cities are independent of the province. (Naga, Santiago [Isabela], Ormoc [Leyte], Cotabato City [Maguindanao], Dagupan [Pangasinan]. Component Cities - Cities which do not meet the above requirements are considered component cities of the province in which they are geographically located. If a component city is located within the boundaries of two (2) or more provinces, such city shall be considered a component of the province of which it used to be a municipality (e.g. San Fernando, Alaminos, Tarlac, Dipolog)
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Highly Urbanized Cities (HUCs): Component Cities (CCs): Independent Component Cities (ICCs): 5
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The Regional Government shall exercise those powers and functions expressly granted to it by Republic Act No. 9054, or necessary for or incidental to the proper governance and development of all the constituent units within the autonomous region (Art. IV, Sec. 1) The exercise of the powers and functions of the Regional Government shall be:
Subject to the provisions of the Constitution; and Consistent with the policy on regional and local autonomy and decentralization (Art. IV, Sec. 1)
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