2. Local Autonomy

2. 2. Local AutonomyLocal Autonomy

Questions:Questions: What is What is Local AutonomyLocal Autonomy? Self-Determination? ? Self-Determination?

Decentralization? Devolution? Deconcentration?Decentralization? Devolution? Deconcentration? Can LGUs exercise Can LGUs exercise powers not given to thempowers not given to them? ? What is the What is the authority of the President and authority of the President and

CongressCongress over LGUs? over LGUs? What is the extent of What is the extent of supervisionsupervision? of ? of controlcontrol?? What are the parameters in What are the parameters in resolving conflictsresolving conflicts

between LGUs on one hand and OP/ NGAs/ between LGUs on one hand and OP/ NGAs/ GOCCs on the other?GOCCs on the other?

2. 2. Local AutonomyLocal Autonomy ““does does notnot contemplate making contemplate making mini-statesmini-states out of local out of local

government units” government units” ““LGUs must be reminded that they merely form LGUs must be reminded that they merely form part of the part of the

wholewhole.” .” ““Regional autonomyRegional autonomy is the degree of self-determination is the degree of self-determination

exercised by the local government unit vis-à-vis the central exercised by the local government unit vis-à-vis the central government.” government.”

““means a more means a more responsiveresponsive and and accountableaccountable local local government structure instituted through a system of government structure instituted through a system of decentralizationdecentralization””

““AutonomyAutonomy is either decentralization of administration or is either decentralization of administration or decentralization of power.” decentralization of power.”

““Decentralization comes in two forms — Decentralization comes in two forms — deconcentration and deconcentration and devolutiondevolution.”.”

““Decentralization simply means the Decentralization simply means the devolution of national devolution of national administrationadministration, not power, to local governments.” , not power, to local governments.”


Administrative Administrative DecentralizationDecentralization

Political Political DecentralizationDecentralization

DeconcentrationDeconcentration DevolutionDevolution

Transfer of Functions: Transfer of Functions: National to RegionalNational to Regional

Transfer of Powers: Transfer of Powers: Central to LocalCentral to Local

AdministrativeAdministrative Powers, Responsibilities Powers, Responsibilities and Resourcesand Resources

LGC: Section 528LGC: Section 528 LGC: Section 17LGC: Section 17


Decentralization of Decentralization of AdministrationAdministration

Decentralization of PowerDecentralization of Power

Delegation of Administrative Delegation of Administrative Powers – Regulatory Powers Powers – Regulatory Powers

and Basic Servicesand Basic Services

Abdication of Political PowerAbdication of Political Power

Relieves State from Burden of Relieves State from Burden of Managing Local AffairsManaging Local Affairs

Free to Chart own DestinyFree to Chart own Destiny

Executive SupervisionExecutive Supervision Executive Supervision Executive Supervision Minimal State InterventionMinimal State Intervention

Accountability to Accountability to Central GovernmentCentral Government

Accountability to the Accountability to the Constituency; Self-ImmolationConstituency; Self-Immolation

Provinces, Cities, Provinces, Cities,

Municipalities and BarangaysMunicipalities and Barangays

Autonomous RegionsAutonomous Regions


AreasAreas DelegationDelegation DevolutionDevolution

What is What is transferred?transferred?

State/ Gov’tal State/ Gov’tal PowerPower

Power of NGAPower of NGA

Basis of Basis of TransferTransfer

Law; CongressLaw; Congress Congress (or Congress (or President)President)

Effectivity of Effectivity of TransferTransfer

Immediate; law Immediate; law effectivityeffectivity

NGA facilitates NGA facilitates actual transferactual transfer

ExamplesExamples Power to Tax; Power to Tax; Eminent DomainEminent Domain

DSWD; DENR; DSWD; DENR; HLURB; LTFRBHLURB; LTFRB


Devolution and Deconcentration:Devolution and Deconcentration:

1.1. Integral components of decentralizationIntegral components of decentralization

2.2. Defined under the 1991 LGCDefined under the 1991 LGC

3.3. Involve transfer of powersInvolve transfer of powers

4.4. Source of Powers: NGAsSource of Powers: NGAs

5.5. Time-boundTime-bound

6.6. Mandatory processesMandatory processes

7.7. Subject to withdrawalSubject to withdrawal

2. 2. Local AutonomyLocal Autonomy ““The 14 sections in Article X thereof markedly The 14 sections in Article X thereof markedly

increased the powers of the local governments in increased the powers of the local governments in order to accomplish the goal of a more meaningful order to accomplish the goal of a more meaningful local autonomy. Indeed, the value of local local autonomy. Indeed, the value of local governments as governments as institutions of democracyinstitutions of democracy is is measured by the degree of autonomy that they measured by the degree of autonomy that they enjoy.” enjoy.”

““Where a law is capable of Where a law is capable of two interpretationstwo interpretations, , one in favor of centralized power in Malacañang and one in favor of centralized power in Malacañang and the other beneficial to local autonomy, the scales the other beneficial to local autonomy, the scales must be weighed in favor of autonomy.”must be weighed in favor of autonomy.”

2. 2. Local AutonomyLocal Autonomy ““Congress retains controlCongress retains control of the local government of the local government

units although in significantly reduced degree xxx”units although in significantly reduced degree xxx” ““The Constitution confines the President's power The Constitution confines the President's power

over the LGUs to one of over the LGUs to one of general supervisiongeneral supervision. This . This provision has been interpreted to exclude the power provision has been interpreted to exclude the power of control.” of control.”

““The President can only interfere in the The President can only interfere in the affairsaffairs and and activities of a local government unit if he or she finds activities of a local government unit if he or she finds that the latter has acted contrary to law.”that the latter has acted contrary to law.”

““The matter being peculiarly The matter being peculiarly local in naturelocal in nature, the , the municipal council alone is in a better position xxx” municipal council alone is in a better position xxx” (Principle of Subsidiarity; Municipal Dimension Rule) (Principle of Subsidiarity; Municipal Dimension Rule)


Supervision:Supervision: OverseeingOverseeing Ensure that supervised unit Ensure that supervised unit

follows law/ rulesfollows law/ rules Allows interference if Allows interference if

supervised unit acted supervised unit acted contrary to lawcontrary to law

Over actor and actOver actor and act There must be a law (DOJ, There must be a law (DOJ,

DBM, DILG, MMDA, COA, DBM, DILG, MMDA, COA, DENR, IRA)DENR, IRA)

Only involves questions of Only involves questions of law (declare legal or illegal)law (declare legal or illegal)

Control:Control: Lays down rules in doing of Lays down rules in doing of

an actan act Impose limitations when Impose limitations when

there is none imposed by lawthere is none imposed by law Decide for subordinate or Decide for subordinate or

change decisionchange decision Alter wisdom, law-Alter wisdom, law-

conforming judgment or conforming judgment or exercise of discretionexercise of discretion

Discretion to order act Discretion to order act undone or re-doneundone or re-done

Prescribe manner by which Prescribe manner by which act is doneact is done

‘‘Straightjacketing’Straightjacketing’


Executive SupervisionExecutive Supervision Review of Orders and Review of Orders and

OrdinancesOrdinances Disciplinary ActionDisciplinary Action Integration of Plans/ Integration of Plans/

ZoningZoning Boundary DisputesBoundary Disputes Leaves/ Resignation/ Leaves/ Resignation/

VacanciesVacancies Augmentation of Basic Augmentation of Basic

ServicesServices

Legislative ControlLegislative Control StructureStructure Elective and Appointive Elective and Appointive

OfficialsOfficials PowersPowers QualificationsQualifications Manner of SelectionManner of Selection TaxesTaxes IRA/ National WealthIRA/ National Wealth CreationCreation

2. 2. Local AutonomyLocal Autonomy ““Paradoxically, local governments are still subject to Paradoxically, local governments are still subject to

regulation, however limited, for the purpose of regulation, however limited, for the purpose of enhancing enhancing self-governmentself-government.” .”

National concern “cannot be subjected to National concern “cannot be subjected to fragmented conceptsfragmented concepts of management policies of management policies where xxx local government units exercise exclusive where xxx local government units exercise exclusive dominion over specific portions xxx” (National dominion over specific portions xxx” (National Dimension Rule; Integration/ Centralization) Dimension Rule; Integration/ Centralization)

““The Local Government Code xxx directs executive The Local Government Code xxx directs executive officials and employees of the municipality to officials and employees of the municipality to faithfully dischargefaithfully discharge their duties and functions as their duties and functions as provided by law.” provided by law.”

2. 2. Local Autonomy Local Autonomy (Conflict Resolution)(Conflict Resolution)

LGU Triumphed vs.LGU Triumphed vs. DENR (ordinance)DENR (ordinance) DBM (allowance, budget officer)DBM (allowance, budget officer) COA (RATA)COA (RATA) DENR (oil depots)DENR (oil depots) DOJ (tax ordinance)DOJ (tax ordinance) Higher LGU (review)Higher LGU (review) DAR (reclassify, expropriation)DAR (reclassify, expropriation) DILG (barangay liga)DILG (barangay liga) OP (IRA)OP (IRA) DOF (RPC/ LGC)DOF (RPC/ LGC) BOI (6-year exemption)BOI (6-year exemption) MMDA (subdivision, driver’s MMDA (subdivision, driver’s

licenses, nat’l dumpsite; terminals; licenses, nat’l dumpsite; terminals; review ordinances)review ordinances)

NAPOCOR (voltage cables)NAPOCOR (voltage cables) DSWD (devolved personnel)DSWD (devolved personnel) Congress (IRA, amend Organic Congress (IRA, amend Organic

Act)Act)

National Victorious vs. LGUsNational Victorious vs. LGUs DENR (forestry laws)DENR (forestry laws) LTO/ LTFRB (licensing)LTO/ LTFRB (licensing) HLURB (national projects)HLURB (national projects) COA (additional allowance)COA (additional allowance) NTC (cable TV franchise)NTC (cable TV franchise) DAR (conversion)DAR (conversion) GAB (jai alai frontons)GAB (jai alai frontons) LLDA (fishpens, dumpsite)LLDA (fishpens, dumpsite) BCDA (creation of Zone)BCDA (creation of Zone) PAGCOR (casinos)PAGCOR (casinos) PCSO (lotto outlets)PCSO (lotto outlets) PRC (profession)PRC (profession) LWUA (water districts)LWUA (water districts) DPWH (city engineer)DPWH (city engineer) CSC (dismissal)CSC (dismissal) OP (discipline, superintendent)OP (discipline, superintendent) Congress (jai alai franchise)Congress (jai alai franchise)


In favor of NGA/ GOCC if:In favor of NGA/ GOCC if: IntegrationIntegration CentralizationCentralization Avoid fragmentationAvoid fragmentation Mandate exclusive under Mandate exclusive under

Charter/ lawCharter/ law Implied repeals not favoredImplied repeals not favored Instrumentalities of the StateInstrumentalities of the Statesince national concerns are best since national concerns are best

addressed by NGAs/ GOCCsaddressed by NGAs/ GOCCs

National Dimension RuleNational Dimension Rule

In favor of LGU if:In favor of LGU if: Local autonomyLocal autonomy Local concern/ issueLocal concern/ issue ‘‘Isolated’ issueIsolated’ issue No law will be violatedNo law will be violated Amounted to controlAmounted to control Beyond powers of NGA/ Beyond powers of NGA/

GOCCGOCCsince local concerns are best since local concerns are best

addressed by LGUs addressed by LGUs (Principles of Subsidiarity (Principles of Subsidiarity and Stewardship)and Stewardship)

Local/ Municipal Dimension Local/ Municipal Dimension RuleRule


RESIDUAL POWERSRESIDUAL POWERS

Allowed since:Allowed since:1.1. Local autonomyLocal autonomy2.2. Agent of PeopleAgent of People3.3. General welfareGeneral welfare4.4. Self-RuleSelf-Rule5.5. Not violate any lawNot violate any law

Areas:Areas: Police Power, Power Police Power, Power to Tax, Local Legislation, to Tax, Local Legislation, Fiscal Autonomy and Fiscal Autonomy and Corporate PowersCorporate Powers

Provided:Provided:1.1. Not violate ConstitutionNot violate Constitution2.2. Not violate laws Not violate laws 3.3. Not violate charterNot violate charter4.4. Not mandate of another Not mandate of another

public corporationpublic corporation

Documents

2. Local Autonomy