Local Government Under Republic
Act 7160 or the Local Government
Code of 1991
Reporter: Dañel S. Sorolla
Professor: Mary Claudette B. Bactung,
LlB.,MEd., MPA
Basic Principles of Local Government
• LG plays a vital role in National
Development
– Sec. 2. Declaration of Policy
• The territorial & political subdivisions of the State shall
enjoy genuine and meaningful local autonomy to
enable them to attain their fullest development as self-
reliant communities & make them more effective
partners in the attainment of national goals; provide a
more responsive and accountable local government
structure instituted through a system of
decentralization whereby LGUs shall be given more
powers, authority, responsibilities, and resources.
Basic Principles of Local Government
• (c) national agencies and offices are required to
conduct periodic consultations with appropriate
LGUs, NGOs,& POs before any project or
program is implemented
• (g) capabilities of LGUs, especially municipalities
& barangays, shall be enhanced thru active
participation in the implementation of national
programs & projects.
• (i) LGUs shall share with the national government
the responsibility in managing & maintaining
ecological balance within their territorial jurisdiction
Basic Principles of Local Government
• Sec. 16. General Welfare. – LGUs shall ensure and support
preservation & enrichment of culture, promote health &
safety, enhance right of people to a balanced ecology,
encourage & support development of appropriate & self-
reliant scientific & technological capabilities, improve
economic prosperity & social justice, promote full
employment among residents, maintain peace & order, &
preserve the comfort & convenience of inhabitants.
• Sec. 17. Basic Services & Facilities. – LGUs shall discharge
the functions & responsibilities of national agencies & offices
devolved to them; exercise powers & discharge functions &
responsibilities incidental to efficient & effective provision of
the basic services and facilities enumerated
Basic Principles of Local Government
FOUR OUTSTANDING FEATURES OF THE CODE
• Devolves to LGUs the responsibility for delivery of
basic services that have always belonged to the
national government
• Grants LGs significant regulatory powers that
traditionally always belonged to the national
government agencies
• Significantly increases the financial resources
available to LGUs thru increased IRA
• Recognizes & encourages the active participation of
the private sector, NGOs, & POs in the process of
governance
Basic Principles of Local Government
• DEVOLVED BASIC SERVICES
– Agriculture
– Health
– Social services
– Environment & natural resources
– Public works
– Tourism
– School building program
Powers and Functions of Local Government
STRUCTURE, POWERS & FUNCTIONS
• Sec. 3, Art. X of the 1987 Constitution:
– The 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 qualification, election,
appointment or 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.
Powers and Functions of Local Government
• Sec. 4 of 1991 LGC. Scope of Application.
This Code shall apply to all provinces,
cities, municipalities, barangays, and other
political subdivisions as may be created by
law, and, to the extent herein provided, to
officials,offices, or agencies of the national
government. Cities shall be governed by
their charters as long as the charters are
not inconsistent with 1991 LGC . (Sec.
534(f))
•
Basic Principles of Local Government
TWO-FOLD PURPOSE OF LGS: DUAL
AGENCY
– Political & Corporate Nature: (Sec. 15) To
serve as an agency or instrumentality of the
state in carrying on the functions of
government which the state cannot
conveniently exercise
– To act as an agency of the inhabitants of the
community
Basic Principles of Local Government
TWO-FOLD CHARACTER OF LGS:
GOVERNMENTAL & PRIVATE
– Act as agents of State for the government of
the territory & the inhabitants within the LGs
limits
– Act in similar category as a business
corporation in the administration of local
affairs beyond the sphere of public purposes
for which government powers are vested like
in managing public markets & cemeterie
Basic Principles of Local Government
REGULATORY POWERS
• Power to generate & apply resources
• Power of eminent domain
• Power to reclassify agricultural lands (not under
CARP): 15% for HUC & Independent Component
Cities; 10% for
• Component Cities & 1st to 3rd Class
Municipalities; 5% for 4th to 6th Class
Municipalities
• Power to close & open roads
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
REGULATORY POWERS
• Inspection of food products
• Adoption of quarantine regulations
• Enforcement of National Building Code
• Regulation and operation of tricycles
• Regulation of real estate trade and
business
• Licensing of cockpits & regulation of
cockfighting
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
• CORPORATE POWERS
– To have continuous succession in its
corporate name • To sue & be sued
– To have and use a corporate seal
– To acquire and convey real or personal
property
– To enter into contracts
– To exercise other powers granted to
corporations subject to limitations in Code &
other laws
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
TYPES OF LGUS UNDER THE 1987 CONSTITUTION
• Sec. 1, Art. X: The territorial and political subdivisions of
the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the
Cordilleras as herein provided.
– Autonomous Regions – 2 regions were preidentified but only
one is existing
– Provinces – composed of clusters of municipalities or
municipalities and component cities
– Cities – component (independent & dependent) and highly
urbanized
– Municipalities – composed of barangays
– Barangays – basic political unit
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
SPECIAL TYPE OF LGU
• Sec. 11, Art. X, 1987 Constitution:
– The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof, The
component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own local
executives and legislative assemblies. The jurisdiction
of the metropolitan authority that will thereby be
created shall be limited to basic services requiring
coordination; PD 824(MMC, 4/76), EO
392(MMA,1/9/90, RA 7924(MMDA, 2/95)
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
BRANCHES/COMPOSITION OF LGUS
– Executive Branch
• composed of Provincial Governors, City and
Municipal Mayors, and Punong Barangays.
• Called local chief executives (LCEs), they exercise
executive powers
– Legislative Branch
• serves as lawmaking & consultative body;
Sangguniang Panlalawigan for the province;
Sangguniang Panlungsod for the city; Sanguniang
Bayan for the municipality; and Sangguniang
Pambarangay for the barangay
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
ELECTIVE OFFICIALS COMMON TO ALL
PROVINCES
• Governor
• Vice Governor
• Sangguniang Panlalawigan: • Presiding officer
• Regular members determined by class of unit
• President of the Liga ng mga Barangay
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
ELECTIVE OFFICIALS COMMON TO ALL
PROVINCES
•President of Sangguniang Kabataan Federation
• President of the Federation of Sangggunian
Bayan Members
• 3 Sectoral representatives: women, agricultural
or industrial workers, and 1 from other
sectors(urban poor, indigent cultural communities,
or disabled)
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
ELECTIVE OFFICIALS COMMON TO ALL
CITIES & MUNICIPALITIES
• Mayor
• Vice Mayor
• Sangguniang Panlungsod/Bayan:
• Presiding officer
• Regular members of the Sanggunian
• President of the Liga ng mga Barangay
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
ELECTIVE OFFICIALS COMMON TO ALL
CITIES & MUNICIPALITIES
• President of the Sangguniang Kabataan
Federation
• 3 Sectoral representatives: women,
agricultural or industrial workers, and one
from other sectors(urban poor, indigenous
cultural communities or disabled)
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
OFFICIALS COMMON TO ALL
BARANGAYS
• Punong Barangay
• 7 Sanggunian Members
• Sangguniang Kabataan Chairman
• Barangay Secretary
• Barangay Treasurer
Basic Principles
Powers and ofLocal
Functions of Local Government
Government
• COMPENSATION OF ELECTIVE
OFFICIALS
• Governor - SG 30
• Vice Governor - SG 28
• City Mayor - SG 30
• City Vice Mayor - SG 28 (HUC) - SG 26 (Component City)
• Municipal Vice Mayor - SG 27
• SP (Province) - SG 27
• SP (City) - SG 27 (HUC) - SG 25 (Component City)
• SB Member - SG 24
Powers and Functions of Local Government
COMPENSATION OF BARANGAY
OFFICIALS
•Honoraria, allowances & other emoluments authorized by
law or barangay, municipal or city ordinance in accordance
with Code
• Not less than 1,000 pesos/month for PB & 600
pesos/month for sanggunian members, secretary &
treasurer
Powers and Functions of Local Government
COMPENSATION OF BARANGAY
OFFICIALS
• Christmas bonus of not less than 1,000 pesos
• Free medical and hospital care but not to exceed
5,000 pesos in case of extreme urgency
• Free tuition and matriculation fees for legitimate
dependents in state colleges/universities •
Insurance coverage which includes tanods &
brigade members not exceeding 20 per barangay
Powers and Functions of Local Government
POWERS OF THE LCES
• Execute all applicable laws & ordinances within territorial
jurisdiction
• Appointing authority
• Supervisory authority over executive officials of unit
• Issuance of executive orders
• Police power
• Visitorial power
• Issuance of permits
• Difference: mayors can solemnize marriage
Powers and Functions of Local Government
POWERS OF THE SANGGUNIANS
• Approve ordinances & pass resolutions
necessary for effective & efficient local government
• Generate & maximize use of resources &
revenues for development plans, program
objectives & priorities of the local government
• enact annual/supplemental appropriations;
appropriate funds for specific programs, projects,
services & activities
• enact ordinances levying taxes, fees & charges;
grant tax exemptions, incentives & reliefs
Powers and OF
APPROVAL Functions of Local Government
ORDINANCES
APPROVAL OF ORDINANCES
• LCE may veto in writing any ordinance on
the ground that it is prejudicial to public
welfare
• Veto action must be communicated by LCE
within 15 days (province) and 10 days (city
or municipality), otherwise, it is deemed
approved
• Sanggunian may override veto with 2/3
vote of all members
APPROVAL
Powers andOF ORDINANCES
Functions of Local Government
APPROVAL OF ORDINANCES
• LCE, except PB, has power to veto any
particular item or items of appropriation
ordinance, local development plan & public
investment program ordinance or ordinance
directing the payment of money or creating
liability but shall not affect the other items
• Within 3 days the Sanggunian Secretary
shall transmit to the Sangguniang
Panlalawigan for review an ordinance to
determine its consistency & validity.
Powers and Functions of Local Government
ISSUES & CONCERNS IN
DECENTRALIZATION
• Perception that devolution will simply increase
the powers of local bosses & warlords further
entrenching them
• “absorptive capacities of LGUS:” Are they
adequately prepared to assume the increased
responsibilities and exercise the powers devolved
to them?
• Resistance of certain devolved agencies to
devolution & subsequent moves to recentralize the
health sector
Powers and Functions of Local Government
• Unequal distribution of financial resources
(IRA) due to not-so studied formula with
cities gaining a windfall while
municipalities & provinces are not able to
afford the cost of devolution
• “lags” in the release of IRA
• Lack of guidelines from NGs in
operationalizing devolution
• Continuing need to define & clarify
intergovernmental relations
Powers and Functions of Local Government
• Hesitance among NGOs & POs to
participate in local governance due to
continuing distrust between government &
non-government sectors • General lack of
information about the Code among various
stakeholders • Do NGOs have the
capabilities to assume increased
responsibilities in local governance within
the framework of the Code
Powers and Functions of Local Government
• Need to monitor “people empowerment
provisions”; harmonize GONGO relations
& clarify & delineate Intra-NGO relations •
40-60 share in national revenues
equivalent only to 14% of national budget •
45-55 personnel services limitation
REFERENCES
• Agra, Alberto C. 1995. 12 Basic Features of Local Autonomy.
Lecture presented to the Local Autonomy Forum, Baguio City.
• Brillantes, Alex Jr. B. 1998. Decentralized Democratic Governance
Under the Local Government Code: A Government Perspective,
Manila: Philippine Journal of Public Administration.
• Brillantes, Alex Jr. B.1992 Local Government Code Encourages
NGO Participation in Local Governance, Manila Bulletin.
• Legaspi, Perla E.2001.The Enabling Role of Local Governments.
QC: UP National College of Public Administration and Governance.
• Panganiban, Elena M.1998 Metropolitanization Within a
Decentralized System: The Philippine Dilemma. QC: Center for
Local and Regional Governance and National College of Public
Administration and Governance
Thank you
