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Impacts of the Mandanas Ruling on LGUs

The Supreme Court ruling on the Mandanas-Garcia petition will result in more resources being transferred to local government units (LGUs) to carry out devolved functions. However, this will affect the financial situation of the national government and requires a review of devolved programs, activities, and projects. Government agencies are urged to closely examine the implications of the ruling beyond just transferring more funds to LGUs. The ruling involves fiscal and operational issues that could impact fiscal viability, service delivery, and achieving national goals. Government agencies and LGUs must coordinate to develop transition plans for the full devolution of responsibilities.

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Tiffany Clamucha
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0% found this document useful (0 votes)
36 views2 pages

Impacts of the Mandanas Ruling on LGUs

The Supreme Court ruling on the Mandanas-Garcia petition will result in more resources being transferred to local government units (LGUs) to carry out devolved functions. However, this will affect the financial situation of the national government and requires a review of devolved programs, activities, and projects. Government agencies are urged to closely examine the implications of the ruling beyond just transferring more funds to LGUs. The ruling involves fiscal and operational issues that could impact fiscal viability, service delivery, and achieving national goals. Government agencies and LGUs must coordinate to develop transition plans for the full devolution of responsibilities.

Uploaded by

Tiffany Clamucha
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

(Mandanas Ruling)

1. What would possibly be the loopholes that will emerge against the guiding
principles stated for Mandanas Ruling?
Following a protracted and persistent campaign by local government units
(LGUs) and stakeholders to demand more autonomy and funding from the
government, the Supreme Court's (SC) decision on the Mandanas-Garcia
Petition regarding the Internal Revenue Allotment (IRA) is the culmination of that
campaign. While the effect of the SC ruling is obvious—more resources for LGUs
to carry out devolved functions—there are concurrent and equally significant
issues that the NG needs to address. The first of these is how the decision will
affect the financial situation of NG. In addition to fiscal considerations, the
transition necessitates a review of the devolved programs, activities, and projects
(PAPs). As some of the PAPs that NG continues to carry out but have been
devolved to LGUs are transferred, there are questions about how the intended
results can be achieved. Congress is urged to closely examine the implications of
the SC ruling beyond the obvious effect of transferring more resources to LGUs
as discussions on the FY 2022 National Budget get underway. Full devolution of
responsibilities and the accompanying transition involve fiscal and PAP
implementation issues that may have an impact on fiscal viability, service
provision, and the accomplishment of national goals. In this regard, this paper
discusses the financial and some operational ramifications of the SC ruling.
In the respective DTPs of the NGAs and the LGUs, the strategies to carry out the
full devolution transition shall be described in detail and provided. The
implementation strategy and phasing of the devolution transition activities per
level of LGU, taking into account the capacity and resources of the LGUs to take
on these devolved functions based on the experience and assessment of the
NGA concerned, is specifically one of the key contents of the NGA DTP on the
part of the NGAs. To ensure strategic, systematic, and cogent actions in the
direction of the same starting FY 2022, the LGU DTP shall also include the
phasing of their full assumption of devolved functions, services, and facilities.
To increase the likelihood of consistency between the NG and the local
government transition plans, the NGAs concerned have been encouraged to
consult and coordinate with the LGUs and the LGU Leagues concurrently with
the preparation of their respective DTPs. This will also help them understand the
challenges and gaps in the LGUs' capacity and resources.
2. Do you think the Growth Equity Fund will successfully respond in
addressing issues of marginalization, unequal development, high poverty
incidence, and disparities in the net fiscal capacities of LGUs?

Yes. It was explicitly stated in Local Budget Circular No. 146 dated July 7,
2022 that the GEF is only available to the poor, disadvantaged, and
lagging LGUs with high poverty incidence, and low financial capacity, as
provided under EO No. 138. The GEF shall be exclusively released to
eligible provincial, city and municipal LGUs, with the exception of those
under Bangsamoro Autonomous Region in Muslim Mindanao.

The identification of eligible beneficiaries and the allocation of funds for


GEF shall be determined based on the following prioritization criteria: (1)
Poverty Incidence, and (2) Per capita NTA.

Under Section 8 of EO No. 138 and Section 40, Rule XIII of the IRR, the
GEF was conceptualized to address issues on marginalization, unequal
development, high poverty incidence, and disparities in the net income of
the LGUs. As such, it will be made available to the LGUs that are
financially incapable of allocating funds and are technically weak in the
implementation of devolved services to top up their NTA. In this regard, a
necessary amount constituting the GEF shall be included by the DBM in
the National Expenditure Program starting FY 2022.

Specifically, under Special Provision No. 3 of the Local Government


Support Fund-Growth Equity Fund appropriated an amount of PhP 10
Billion, which shall be used as financial assistance to the identified poor,
disadvantaged, and lagging LGUs for the implementation of various
infrastructure projects to gradually enable the full and efficient
implementation of the devolved functions and services to the LGUs.

Common questions

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The Growth Equity Fund (GEF) is designed to specifically support poor, disadvantaged, and lagging LGUs with high poverty incidence and low financial capacity. It aims to address issues of marginalization and unequal development by providing financial assistance for infrastructure projects and other crucial services . The prioritization criteria for the GEF include poverty incidence and per capita national tax allotment (NTA), ensuring funds are allocated to LGUs most in need .

The anticipated fiscal ramifications include a redistribution of resources from the national government to LGUs, potentially affecting the financial stability of national projects still under NG jurisdiction . Operationally, LGUs will assume more responsibilities, necessitating capacity building and resource augmentation to efficiently deliver services . Potential operational challenges include aligning devolved program objectives with local priorities while ensuring they contribute to national development goals .

Coordination between national and local governments is critical to ensure consistency and alignment in the transition plans. Divergent plans could lead to resource misallocation, overlap in program responsibilities, and ineffective service delivery . The NGA and LGUs need to collaboratively develop and execute strategies that accurately reflect local capacities and address potential challenges, ensuring a smooth and coherent transition .

Congress is urged to closely examine the implications of the Supreme Court ruling beyond just transferring more resources to LGUs. It must consider the broader effects on fiscal viability, service provision, and achieving national goals, especially as discussions on the FY 2022 National Budget commence . Congress must ensure that the transition plan is systematically implemented by reviewing and overseeing the necessary adjustments in fiscal policies and support structures .

The Growth Equity Fund can enable LGUs to implement devolved functions by providing the necessary financial resources to build infrastructure and improve service delivery capabilities, particularly for LGUs with limited resources. By targeting financially weak LGUs, the GEF can bridge funding gaps and mitigate technical deficiencies in the implementation of devolved functions, thereby enhancing local governance capacities .

The Mandanas Ruling necessitates LGUs to reassess and strategize their approach to administrative and service provision by increasing their fiscal space and expanding their role in local development. LGUs are encouraged to enhance their technical and administrative capacities to manage devolved functions effectively. This ruling provides an impetus for LGUs to innovate and prioritize programs that address local needs while aligning with national goals .

National and local governments should employ strategies including capacity building initiatives for LGUs, establishment of comprehensive monitoring and assessment frameworks, and fostering robust intergovernmental coordination mechanisms . They must also ensure the alignment of devolved functions with local priorities and capabilities while maintaining congruence with national development goals. Collaborative planning and phased implementation of transition activities are crucial to leveraging the potential benefits of the Mandanas Ruling while mitigating any operational challenges .

The potential challenges that might arise include the financial viability of national government (NG) programs, as the transition involves substantial fiscal and operational shifts. There is concern over whether LGUs have the capacity and resources to effectively handle these additional responsibilities, given the vast differences in financial and technical capabilities among LGUs . Additionally, ensuring consistency and coordination between national and local transition plans is critical to minimize gaps in service delivery and the achievement of national goals .

The Mandanas Ruling could impact the national government's ability to implement certain programs by shifting resources and responsibilities to LGUs, potentially straining NG's financial situation if it continues to fund and manage programs that should have been devolved. This may lead to overlapping responsibilities and inefficiencies unless clear delineation and coordination are established . The transition requires a review of national programs to ensure they align with devolved responsibilities, which can affect the NG’s fiscal policies and project implementation methodologies .

Implementation of the Growth Equity Fund could significantly improve socio-economic conditions in poorer LGUs by providing essential funding for infrastructure and services that are otherwise under-funded. This targeted financial support can reduce disparities in development outcomes and directly address high poverty incidence, thereby fostering more balanced and equitable regional development .

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