Knowt
The Essentials of Local Government Law in the Philippines
Page 1: Understanding Local Government
Distribution of Powers to Local Governments
Horizontal Distribution: Government powers are divided among three branches: executive, legislative, and judicial.
Vertical Distribution: Power distribution exists between national and local governments, where the national government holds the upper position.
Local Governance Defined
Local governments are defined as political and territorial subdivisions of the state, subordinate to national authority.
Two essential elements in this definition:
Political element: signifies a higher authority.
Territorial boundary: defines the geographical area of governance.
Conceptual Significance
Local governments function within limitations set by national government powers, ensuring that authority at all levels is contained within the framework of the rule of law.
These subdivisions organize governance in a restricted geographic area, exemplified by locations such as Cabanatuan in Nueva Ecija.
Political Structure in the Philippines
The Philippines operates under a politically subdivided framework, with provinces comprising cities, which in turn contain barangays (smallest political units).
Page 2: The Local Government System in the Philippines
Historical Context of Local Government
Pre-Spanish Era: Local governance existed in independently operating communities like the Balangay, led by Datus.
Spanish Colonization: Introduction of centralized governance structures, such as cabildos (cities), pueblos (municipalities), and provincias (provinces).
Local units like barangays became less autonomous, with Datus demoted to Cabezas de Barangay, tasked only with tribute collection.
Legislative Development post-Spanish Rule
Following independence and political consolidation efforts during the Philippine Republic, attention shifted towards local governance but unity was prioritized over autonomy.
The American colonization led to the continuation of centralized governance, with transitions into English terminologies but without substantive shifts in authority.
Evolution and Current Framework
Post-people power revolution, local governments received more autonomy through the Local Government Code of 1991, allowing national government to create, merge, or abolish local units.
Page 3: Tiers of Local Government
Overview of Local Governance Structure
Local authorities exist at multiple tiers, with provinces overseeing municipalities and cities, which are divided into barangays.
Types of Cities: Cities categorized as component cities (under provincial supervision) or highly urbanized cities (independent from provinces if meeting specific criteria).
Unitary Government System
The Philippines is classified as a unitary state; local government autonomy remains limited and derived from congressional delegation.
National Congress holds primary legislative power, with local councils acting under delegated authority.
Page 4: Classification of Corporations
Types of Corporations in Relation to Local Governments
Public Corporation: Created for government functions and public use (e.g., local government units).
Private Corporation: Established for private benefit and interests.
Quasi-Public Corporation: Operated by private entities providing public services (e.g., NGOs).
Characteristics of Municipal Corporations
De Jure vs. De Facto: Municipal corporations may either be fully compliant with legal requirements (de jure) or may function without strict adherence yet still recognized (de facto).
Page 5: Elements and Powers of Municipal Corporations
Fundamental Elements of a Municipal Corporation
Legal Creation: Defined by law.
Corporate Name: Legally recognized name (e.g., City of Cebu).
Inhabitants: Must have a resident population.
Territory: Clearly defined geographic area including land and air resources.
Dual Functions of Municipal Corporations
Governmental Function: Administration of public power and welfare promotion.
Proprietary Function: Similar to private business operations within the public sector context.
Page 6: Powers of Municipal Corporations
Types of Powers:
Essential Powers: Necessary for local governance.
Implied Powers: Derived from those expressly granted.
De Jure / De Facto Classification: Explains legal standing based on adherence to regulations.
Page 7: Local Autonomy and Decentralization
Constitutional Mandates
The 1987 Constitution mandates ensuring local governments' autonomy, leading to decentralization of administration.
Local autonomy propels responsiveness and accountability in governance, fostering self-reliant communities.
Principle of Subsidiarity: Local governments should take initiative in local matters due to their familiarity with on-ground conditions.
Forms of Decentralization
Administrative Decentralization: Delegation of administrative powers to facilitate local governance.
Political Decentralization: National government cedes political powers, transforming local governance accountability.
Page 8: Local Fiscal Autonomy
Overview of Local Fiscal Autonomy
Local governments possess the authority to generate their own income sources and receive a fair share of national taxes without holdbacks.
Categories of Decentralization
Political Decentralization: Distribution of powers from the central to local governments.
Administrative Decentralization: Transfer of authority to regional offices of national government agencies.
Fiscal Decentralization: The power to create revenue sources, under national guidelines.
Policy Decision-Making Decentralization: Local authorities have authority over certain policy issues.
Page 9: Principles of Decentralization
Important Principles
Allocation of local government powers must be effective and equitable.
Accountability structures must be robust.
Capacity enhancement for local units is essential in achieving community requires and public service delivery.
Page 10: Local Government Units Overview
Local Government Structure
The 1987 Constitution identifies provinces, cities, municipalities, and barangays as established governance units.
Primary Functions
Each unit serves as the local governance structure, ensuring delivery of essential services efficiently.
Page 11: Description of Local Units
Basic Political Units
Barangay: Foundational administrative unit implementing government policies.
Municipality: Composed of cluster barangays for coordinated governance.
City: More urbanized area delivering a structured governance.
Province: Larger political unit, accommodating multiple municipalities.
Special Political Units
Identification of independent component cities and highly urbanized cities set under unique criteria.
Page 12: Special Metropolitan Political Subdivisions
Definitions and Characteristics
Special subdivisions operate under established laws, needing pleas for legal authority.
Case Examples
Judicial interpretations regarding the MMDA's standing illustrate the complexities of political subdivisions and governance control.
Page 13: Local Government Code of 1991
Legislative Framework
The Local Government Code establishes functional definitions and powers for local governance.
Page 14: Creating Local Governments
Creation Process
Establishing local governments requires legislative action and public consensus via plebiscite.
Guidelines and Criteria
Referencing income, population, and geographic area requirements highlights the structured governance approach.
page 15: Income, Population, and Land Area Requirements
Criteria for Establishing Local Units
Income: Defined revenue levels.
Population: Verified minimum resident figures.
Land Area: Clear territorial limits are mandatory.
Page 16: City Governance
Regulatory Framework for Cities
The establishment mechanisms and governance frameworks for cities remain under strict congressional guidelines.
Page 17: De Jure and De Facto Municipal Corporations
Definitions
Municipal Corporations can be recognized based on adherence to legal requirements.
Jurisprudential Precedents
Reflections on legal decisions concerning de facto municipal status and challenges emphasize the complexities of local governance.
Page 18: Relations with National Government
Local Government’s Legislative and Political Hierarchy
Local governments remain instruments of the national government under the legislative framework defined by the Congress.
The President has supervisory control but not direct intervention beyond legal parameters.
Page 19: Powers of Local Government Units
Overview of Power Structures
Local authorities derive their powers from national legislation and exercise them under determined regulations.
Judicial Oversight
Established frameworks ensure local government actions remain subject to national laws and guidelines.
Page 20: Local Taxation Power
Taxation Understanding
Local governments have designated taxation powers but these remain under national legislation and control.
Legal Framework
Article provisions detail local taxation capabilities and limitations.
Page 21: Tax Exemption Issues
Implications of Tax Exemptions
Various cases illustrate limitations and interactions with national governance structures, defining boundaries of local taxation efforts.
Page 22: Fundamental Principles of Local Taxation
Governing Principles
Uniformity: Taxation must remain consistent within local jurisdictions.
Equity: Taxes must consider taxpayers' ability to pay.
Publicly Beneficial: Tax usage should align with public interest principles only.
Page 23: Limitations on Taxing Powers
Taxing Constraints
Limits defined within the local government code clarify permissible taxation boundaries.
Page 24: Procedural Matters Affecting Tax Ordinances
Rehabilitation of Tax Issues
Public hearings are mandatory in tax ordinance enactment processes to ensure transparency and public participation.
Page 25: Allocation and Distribution of National Wealth
Local Government Shares from National Resources
Establishment of equitable protocols surrounding the revenue shares from national resource utilization and administrative fiscal practices.
Page 26: Local Development Expenditures
Development Appropriations
Local governments are encouraged to allocate budgets towards community developments, ensuring practical engagement with local needs.
Page 27: Governance of National Wealth Utilization
Governance and Expenditures
Local units can leverage portions of the national wealth for local community development, benefitting constituents directly.
Page 28: Powers over Patrimonial Properties
Resource Management and Utilization
Local governments are empowered to manage resources for community development purposes.
Page 29: Police Power Regulations
Understanding Police Power
Inherent power of the State to regulate for public welfare; important for local governments to recognize limits inherent in their authority while exercising police powers.
Legal Validations
Local ordinances must uphold certain standards to ensure validity and consistency with national interests and the general welfare of the populace.
Page 30: Validity of Local Ordinances
Requisites for Local Ordinances
Ordinances must align neither with the constitution nor unjust standards, ensuring utility and consistency with public welfare.
Judicial Challenges
Courts uphold local ordinances unless clearly invalidated through significant legal scrutiny.
Page 31: Supreme Court Interpretations
Case Jurisprudence Studies
Numerous cases examining legislative actions, local ordinances, and their implications on local and national governance structures.
Page 32: Judicial Standards on Local Ordinances
Presumption of Validity
Local ordinances hold favor in matters of legality unless demonstrable conflicts arise with foundational law.
Page 33: Outreach in Local Police Power
Emphasis on Societal Improvement
Safety and welfare considerations underscored as legitimate purviews for local governance exercised through regulatory actions.
Page 34: Balancing Local and National Governance
The Interplay of Regulations
Delve into constraints on local authorities aiming to yield local governance that adheres to broader legislative parameters.
