Professional Documents
Culture Documents
Dec 20
Posted by Magz
Composition:
1) Provinces
2) Cities;
3) Municipalities; and
4) Barangays
3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of
LGU’s
2) This does not mean that the LGU’s are completely free from the central government.
Supervision of President
1. Provinces
2. Autonomous regions and
3. Independent cities.
3) This power is limited to ensuring that lower officers exercise their functions in accordance
with law.
4) The president cannot substitute his judgment for that of an LGU official unless the latter is
acting contrary to law.
5) The President may, however, impose administrative sanctions against LGU officials, such
as suspension for 120 days, and may even remove them from their posts, in accordance with law.
Limitations on Power
1) It is subject to such guidelines and limitations as Congress may provide. See Local
Government Code for examples.
2) The guidelines set by Congress should be consistent with the basic policy of local
autonomy.
Accrual of taxes, fees, charges
The taxes, fees and charges shall accrue exclusively to the local governments.
2) The share of each LGU should be released, without need of any further action, directly to
the provincial, city, municipal or barangay treasurer. Release is made on a quarterly basis within
5 days after the end of each quarter.
3) The share of each LGU should not be subject to any lien or holdback that may be imposed
by the national government for whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for
development projects.
5) Adjustments in IRA
6) IRA considered for purposes of conversion from one political subdivision to the
next. (Alvarez v. Guingona)
1) LGUs are entitled to an equitable share in the proceeds of the utilization and development
of the national wealth within their respective areas in the manner provided by law.
2) This includes share the same with the inhabitants by way of direct benefits.
1. Mining taxes
2. Royalties
3. Forestry and fishery charges
4. Other taxes, fees and charges
5. Share in any co-production, joint venture or production sharing agreement in the
utilization and development of the national wealth w/in their territorial jurisdiction
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
2) Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Legislative bodies of the local governments shall have Sectoral Representation (under the
LGC) as may be provided by law
2) The workers
A) Urban poor
C) Disabled persons
1) Requisites
2) Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include
voters of the ENTIRE province, and not just the area to comprise the new province.
3) LGC requirements relate to matters such as population, revenue, and area requirements.
Creation:
2) It is subject to a plebiscite
2) They shall be entitled to their own local executive and legislative assemblies.
Classification of Cities:
3) Independent component cities (non-highly urbanized cities whose voters are prohibited by
thecity charter from voting in provincial elections)
1) Highly urbanized cities and independent component cities are independent of the province.
2) Component cities whose charter contain no such prohibition are still under the control of
the province and its voters may still vote for elective provincial officials.
1) It is optional on the part of LGUs as shown by the use of the word “may”
2) It can be done for purposes commonly beneficial to them in accordance with the law.
2) A public hearing should be conducted and the approval of the sanggunian obtained.
3) An LGU can:
The President shall provide for RDC or other similar bodies composed of:
Composition
For Purpose of
1) Administrative decentralization
3) To accelerate the economic and social growth and development of the units in the region
1) Muslim Mindanao
2) Cordillera region
Factors:
1) Historical heritage
2) Cultural heritage
Creation:
1) Provided by law.
2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes
cast in a plebiscite held among the constituent units.
3) Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite
shall form part of the autonomous region.
4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the
constitution requires more than one province to constitute one (like what happened in the
Cordillera plebiscite)
5) The question of which LGU’s shall constitute an autonomous region is one which is
exclusively for Congress to decide.
By Whom:
The President
Purpose:
3) Monetary Affairs
The Organic Act of Autonomous Region shall provide for legislative powers over:
1) Administrative organization;
7) Educational policies;
9) Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.
Limitations:
Reference: