Jose Ruel D. Trobanos: Mlgoo – Molave

JOSE RUEL D. TROBANOS MLGOO – Molave

The Local Government Code establishes the system and powers of provincial, city, municipal and barangay governments in the Philippines. It is the governing law on local governments.

Legal Basis Section 3, Article X of the 1987 Constitution “The Congress shall enact a local government code which shall provide for more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, xxx”

Legal Basis Section 3, Article X of the 1987 Constitution “xxx allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualification, election, appointment and removal, term, salaries, powers, and functions and duties of officials, and all other matters relating to the organization and operation of the local units.

Objectives The Code is meant to transform Local Government Units (LGUs) into self-reliant communities and active partners in nation-building by giving them more powers, authority, responsibilities and resources.

Objectives • to facilitate faster decision-making at the local level; • to enhance the participation of ordinary citizens, organized groups, and the poorer sectors in the conduct of public affairs and the business of government; • to deliver basic services more efficiently.

How it became a Law?

1. Senate Bill No. 155 (September 10, 1991) 2. House Bill No. 31046 (September 12, 1991) 3. Signing into Law by then President Corazon C. Aquino (October 10, 1991) 4. Effectivity : January 1, 1992

Contents

The Code consists of five hundred thirty-six (536) sections divided into four (4) books. Book I - contains policy statements, principles, processes, and mechanisms for effective local governance.

Contents

Book II - covers the taxing powers and other revenue raising powers and the corresponding administrative structures and processes necessary in the exercise of such powers.

Contents

Book III - details the local government structure and powers and duties of elective officials. Book IV - contains the transitory provisions that will effect the smooth implementation of the Code.

Scope of Application It shall apply to Municipal Corporations: 1. Province 2. City 3. Municipality 4. Barangay 5. Autonomous Regions in Muslim Mindanao and the Cordilleras 6. Special metropolitan political subdivisions

Scope of Application PROVINCE - Composed of a cluster of municipalities or municipalities and component cities, and as a political and corporate unit of government, serves as a dynamic mechanism for development processes and effective governance of local government units within its territorial jurisdiction (Sec. 459, RA 7160)

Scope of Application CITY - Composed of more urbanized and developed barangays, serves as a general – purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction (Sec. 448, RA 7160)

Scope of Application MUNICIPALITY - Consist of a group of barangays, serves primarily as a general – purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction (Sec. 440, RA 7160)

Scope of Application AUTONOMOUS REGIONS IN MUSLIM MINDANAO and IN THE CORDILLERAS - Consist of provinces, cities, municipalities and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of the Constitution and the national sovereignty as well as integrity of the Republic of the Philippines (Sec. 1 and 15, Art X, Constitution)

Scope of Application SPECIAL METROPOLITAN POLITICAL SUBDIVISIONS - Consist of cities and municipalities who group themselves in order to carry out basic services requiring coordination (Sec. 11, Art X, Constitution)

Substantive Requirements for the Creation of LGUs (Sec. 6, RA 7160) LGU CREATED INCOME POPULATION LAND AREA BARANGAY No minimum 2,000 but No minimum requirement 5,000 for MM requirement & HUC MUNICIPALITY Php 2.5M 25,000 50 sq. km. COMPONENT Php 100M 150,000 100 sq. km. CITY

Substantive Requirements for the Creation of LGUs LGU CREATED INCOME HIGHLY Php 50M URBANIZED CITY PROVINCE Php 20M

POPULATION LAND AREA 200,000 100 sq. km.

250,000

2,000 sq. km.

Principles of Local Autonomy

1. The State shall ensure the autonomy of local governments (Sec. 25, Art. II, Constitution) 2. The territorial and political subdivisions shall enjoy local autonomy (Sec. 2, Art. X, Constitution)

Principles of Local Autonomy

3. Territory and subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain fullest development and make them more effective partners in attaining national goals (Sec. 2, RA 7160)

What is Local Autonomy?

Local Autonomy is “self-governing”. It is the granting of more powers, authority, responsibilities and resources by the national government to local government units in order to be self-reliant and active partners in attaining national goals.

What is Local Autonomy?

It is the exercise of certain basic powers by local government units so as to best serve the interest and promote the general well being of the inhabitants

Principles of autonomy under the 1987 Constitution

 Simply means “decentralization”  It does not make the local governments sovereign within a State  It does not make the local government an imperium in imperio (Basco v. PAGCOR, GR No. 91649, May 14, 1991)

Kinds of Local Autonomy

1. Decentralization of Administration - exist when the central government delegates administrative powers to political subdivisions in order to broaden the base of government power and in the process make LGUs more responsive and accountable and ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of national development and social progress (Limbona v. Mangelin, GR No. 80391, February 28, 1989)

Kinds of Local Autonomy

2. Decentralization of Power - involves abdication of political power in favor of LGUs declared autonomous - amounts to self-immolation because the autonomous government becomes accountable not to the central authorities but to its constituency (Limbona v. Mangelin, GR No. 80391, February 28, 1989)

Kinds of Decentralization

1. Devolution - the transfer of power and authority from the national government to the LGUs as the territorial and political subdivisions of the state - the nature of power transfer is political and the approach is territorial or areal

Kinds of Decentralization

2. Deconcentration - the transfer of power, authority or responsibility, or the discretion to plan, decide an manage from central point of local levels, but within the central or national government itself - the nature of power transfer is administrative and the approach is sectoral

Kinds of Decentralization

3. Debureuacratization - the transfer of some public functions and responsibilities, which the government may perform, to private entities or non-governmental organizations - it is the people’s empowerment or participation in local governance

Salient Features of the LGC

1. Devolution of certain national government powers to LGU 2. Increase in national Tax Share for LGUs – from eleven percent (11%) to forty percent (40%) starting 1994 3. Increase in Tax Power 4. Recognizes and encourages the active participation of the private sectors (CSOs and PSOs in the process of governance

Devolved Services

1. Agricultural extension and on-site research of the Department of Agriculture (DA) 2. Community-based forestry projects of the Department of Environment and Natural Resources 3. Field health and hospital services and other tertiary health services of the Department of Health (DOH)

Devolved Services

4. Public works and infrastructure projects funded out of local funds of the Department of Public Works and Highways (DPWH) 5. The school building program of the Department of Education 6. Social welfare services of the Department of Social Welfare and Development (DSWD)

Devolved Services

7. Tourism facilities and tourism promotion and development of the Department of Tourism (DOT) 8. Telecommunication services for provinces and cities of the Department of Transportation and Communications (DOTC) 9. Housing projects for provinces and cities, and 10. Other services such as investment support.

POWERS AND FUNCTIONS PERFORMED BY THE BARANGAY

Powers and Functions Performed by the Barangay GENERAL POWERS OF THE BARANGAY A. Governmental powers are those exercised by it in administering the power of the state and promoting public welfare within it. (Orendain, LGUs Powers & Functions 1996:4) The Barangay acts as agent of the state for the government of its territory and inhabitants.

Powers and Functions Performed by the Barangay

GENERAL POWERS OF THE BARANGAY B. Corporate powers – are those exercised by it as agent of community in administration of barangay affairs.

It acts as separate entity for its own purpose and not as subdivision of a state.

Governmental Powers 1. Police power (General welfare clause, Section 16 R.A. 7160) 2. Delivery of basic services and facilities (Sec. 17 R.A. 7160) 3. Power to generate and apply resources 7160)

4. Eminent domain (Sec. 19 R.A. 7160)

(Sec. 18 R.A.

Governmental Powers 5. Closure and opening of roads (Sec. 21 R.A. 7160) 6. Legislative power (Sec. 391, RA 7160)

7. Katarungang Pambarangay (Sec. 399-422, RA 7160)

Police Power  Preservation  Promote

and enrichment of culture

health and safety

 Enhance the right  Encourage

of people to a balanced ecology

and support the development of appropriate self-reliant, scientific and technological capabilities

Police Power  Improve public

morals

 Enhance

economic prosperity and social justice

 Promote

full employment

 Maintain

peace and order

 Preserve

the comfort and convenience of their inhabitants

Basic Services  Agriculture

support services: * Planting materials and distribution system and operation of farm produce collection and buying station

 Health

and social services: * Maintenance of barangay health center and day care center

Basic Services  Services

and Facilities related to general hygiene and sanitations, beautification and solid waste collection

 Maintenance  Maintenance

of Katarungang Pambarangay

of barangay roads and bridges and water supply systems

Basic Services Infrastructure facilities: * Multi-purpose Hall

* Multi-purpose pavement * Information and reading center

* Plaza

* Sports Center * Satellite or public market

Power to Generate and Apply Resources  Establish

organization responsible for efficient and effective implementation of barangay development plans, programs, projects and activities

 Create

their own sources of revenue

 Levy

taxes, fees and charges

 Have

just share in national taxes

Power to Generate and Apply Resources  Have

equitable share in the proceeds from the utilization of national wealth and resources  Acquire, develop, lease, encumber, alienate or otherwise dispose real or personal property held by them in their propriety capacity, and apply the resources and assets for productive, developmental, or welfare purposes.

Power of Eminent Domain Exercised by the Punong Barangay pursuant to an ordinance 

For public use or purpose for the benefit of the poor and landless upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws



Provided, however, That the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted.

Power of Eminent Domain  Provided,

further, Barangay may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated.

Closure and Opening Roads

Barangay may permanently or temporarily close or open barangay road, alley, park or square pursuant to an ordinance

Permanent Closure • At least 2/3 of all members approved the ordinance • Adequate substitute for public facility is provided • Make a provision for the maintenance of public safety

• A property permanently withdrawn from public use maybe used or conveyed for any purpose

Temporary Closure • written order by the Punong Barangay

• Duration • During actual emergency, fiesta, public rallies, agri-cultural or industrial fair, undertaking of public works and highways, telecommunications and water work projects.

Temporary Closure Barangay may, by duly enacted ordinance • Temporarily close and regulate the use of barangay road, through fare or any public places where shopping malls, Sunday flea on night markets or shopping areas may be established and where goods merchandise, foodstuffs, commodities, or articles of commerce may be sold or dispense to the general public.

Corporate Powers • Continuous succession in its corporate name • Sue and be sued • Have and use corporate seal • Acquire and convey real or personal property • Enter into contract • Exercise such other powers as are granted to corporations. Subject to the limitations provided in the local government code and other laws.

Contracts • Punong Barangay enters contract in behalf of the barangay • Punong Barangay must be duly authorized by the Sangguniang Barangay • Legible copy of the contract posted in conspicuous place in the barangay hall.

• There must be actual appropriations of funds and a certificate of the barangay treasurer as to its availability.

Full Autonomy in the Exercise of Proprietary Functions

Barangay shall have full autonomy in the exercise of its proprietary functions and in the management of its economic enterprise, subject to the limitations provided by local government code of 1991 and other applicable laws.

Authority to Negotiate and Secure Grants Punong Barangay may upon authority of the Sangguniang Barangay, negotiate and secure grants or donations in kind in support of the basic services or facilities

Projects financed with such grants that have implications on national security shall be approved by the national agency concerned. When such agency failed to act within 30 days from receipt, the same shall be deemed approved.

Local Special Bodies

- Local School Board - Local Health Board

- Local Development Council - Local Peace and Order Council

Structure and Organization of the Barangay

BARANGAY ASSEMBLY

Punong Barangay Lupon Tagapamayapa

Sangguniang Barangay Secretary

Barangay Peace and Order Committee (BPOC)

TANOD

Treasurer

Barangay Development Council (BDC)

Barangay Disaster risk Reduction Management Council (BDRRMC)

Barangay Nutrition Committee (BNC)

Barangay Anti-Drug Action Committee (BADAC)

Barangay Solid Waste Management Committee (BSWMC)

Barangay Physical Fitness Sports Devt. Council (BPFSDC)

Barangay Council for the Protection of Children (BCPC)

Barangay Human Rights Action Officer (BHRAO)