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Political Law (Constitutional Law) – Article X

Dec 20

Posted by Magz

ARTICLE X: LOCAL GOVERNMENT

Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE


PHILIPPINES ARE THE:

Composition:

1) Provinces

2) Cities;

3) Municipalities; and

4) Barangays

There shall be Autonomous regions in:

1) Muslim Mindanao, and

2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region]

Note: 1) A third autonomous regions would require a constiutional amendment.

2) These political subdivisions, created by the Constitution cannot be replaced by


AMENDMENT, and not by law.

3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of
LGU’s

Section 2. Local Autonomy

1) All political subdivisions shall enjoy local autonomy

2) This does not mean that the LGU’s are completely free from the central government.

1. Judiciary may still pass on LGU actions


2. President may exercise disciplinary power over LGU officials.
Sec. 3. Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate
among the different local government units their powers, responsibilities, and resources,
and provide for the qualifications, election, appointment and removal, term, salaries,
powers and functions and duties of local officials, and all other matters relating to the
organization and operation of the local units.

Section 4. PRESIDENTIAL SUPERVISION OF LGUS

Supervision of President

1) The President exercises general supervision over all LGUs

2) The President exercises DIRECT supervision over

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.

6) Provinces exercise direct supervision over component cities and municipalities.

7) Cities and municipalities exercise direct supervision over component barangays.

Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE


OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC.

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.

Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS


DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO
THEM

Internal Revenue Allotment (IRA)

1) Share of LGUs in national taxes is limited to the internal revenue taxes.

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

1. Ground: Unmanageable public section deficit


2. President can make the necessary adjustments in the IRA upon the recommendation of
the following:

1. Department of Finance Secretary


2. DILG Secretary
3. DBM Secretary

6) IRA considered for purposes of conversion from one political subdivision to the
next. (Alvarez v. Guingona)

Section 7. SHARE OF LGUS IN NATIONAL WEALTH

Share of LGUs in national wealth

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.

Under the LGC


1) LGUs have a share of 40% of the gross collection derived by the national government from
the preceding fiscal year from

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

Sec. 8. TERM OF OFFICE

Term of Office

Elective local officials, now including barangay officials have a term of 3 years.

Limitations:

1) No elective official shall serve for more than 3 consecutive terms

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.

Sec. 9. SECTORAL REPRESENTATION IN LGUS

Legislative bodies of the local governments shall have Sectoral Representation (under the
LGC) as may be provided by law

There should be representatives from:

1) The women’s sector

2) The workers

3) Third sector (can choose from any of the following)

A) Urban poor

B) Indigenous cultural communities

C) Disabled persons

D) Any other sector as may be determined by the sanggunian

Election of Sector Representatives


Sec. 10. Creation, abolition and division of LGU’s

1) Requisites

1. Compliance with the requirements of the Local Government Code; and


2. Approved by a majority of the votes cast in a plebiscite held in the political units
DIRECTLY affected.

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.

Sec. 11. Metropolitan political subdivisions

Creation:

1) Congress may create special metropolitan political subdivisions by law.

2) It is subject to a plebiscite

Jurisdiction of Metropolitan authority

It is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and Municipalities

1) The component cities and municipalities retain their basic autonomy

2) They shall be entitled to their own local executive and legislative assemblies.

Sec. 12. CITIES

Classification of Cities:

1) Highly urbanized (as determined by law)

2) Component cities (cities still under provincial control); and

3) Independent component cities (non-highly urbanized cities whose voters are prohibited by
thecity charter from voting in provincial elections)

Independence from the Province

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.

Section 13. Coordination among LGUS

Consolidation and Coordination of Efforts, Services and Resources

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.

Under LGC (Section 33)

1) Consolidation and coordination may be done through appropriate ordinances.

2) A public hearing should be conducted and the approval of the sanggunian obtained.

3) An LGU can:

1. Contribute funds, real estate, equipment and other kinds of property


2. Appoint/assign personnel under such terms and conditions as may be agreed upon by the
participating LGUs through Memoranda of Agreement.

Section 14. REGIONAL DEVELOPMENT COUNCILS

Who can provide for RDC

The President shall provide for RDC or other similar bodies composed of:

Composition

1) Local government officials

2) Regional heads of departments and other government offices

3) Representatives of NGOS within the regions

For Purpose of

1) Administrative decentralization

2) To strengthen local autonomy

3) To accelerate the economic and social growth and development of the units in the region

Section 15. AUTONOMOUS REGIONS


Where:

1) Muslim Mindanao

2) Cordillera region

Factors:

1) Historical heritage

2) Cultural heritage

3) Economic and social structures,

4) Other relevant characteristics within:

1. The framework of the consititution


2. National sovereignty
3. Territorial integrity.

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.

Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS

By Whom:

The President

Purpose:

To ensure that the laws are faithfully executed.


Sec. 17. All powers, functions and responsibilities not granted by this Constitution or by
law to the autonomous region shall be vested in the National Government.

Examples: 1) Foreign relations,

2) National defense and Security

3) Monetary Affairs

Section 20. LEGISLATIVE POWERS

The Organic Act of Autonomous Region shall provide for legislative powers over:

1) Administrative organization;

2) Creation of sources of revenues;

3) Ancestral domain and natural resources

4) Personal, family and property relations

5) Regional, urban, and rural planning development;

6) Economic, social, and tourism development;

7) Educational policies;

8) Preservation and development of the cultural heritage; and

9) Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.

Limitations:

1) Subject to the provisions of the Constitution and national laws

2) To be exercised within its territorial jurisdiction

Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY

Peace and Order

It shall be the responsibility of the local police agencies.

Defense and Security


It shall be the responsibility of the national government.

Reference:

Political Law (Constitutional Law) Reviewer & Memory Aid

Ateneo Central Bar Operations 2001

Louie, Carrie, Evelyn, Thel, Gem, Ronald