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Week 2: Overview - Basic Concepts of Local Highly Urbanized Cities - independent

Government -​ residents do not vote for provincial
officials.
Limitation of Political Authority
Component City - under the direct supervision of
●​ Local - specific area a province.
●​ Local Government - government in a
particular place *Local governments are created and guided by
●​ Government - institution, provides laws.
services
●​ Governance - collective, decision - Largo: The Essentials of Government Law
making
Distribution of Powers to Local Governments
Horizontal Political Authority as Limitation to Political Authority
1.​ Executive - executes the law
2.​ Legislative - makes the law The concept of the rule of law suggests that
3.​ Judiciary - interprets the law political authority should be limited.

Vertical Political Authority Ways of Limiting Political Authority

1.​ National Government - upper level
2.​ Local Government - lower level 1.​ Providing for certain procedures in the
manner of exercising the powers of
*Philippines have a Unitary type of government government as in the case of
Centralized Authority; uniformed law-making process.
* Federalism - shared authority; different policies 2.​ Providing certain prohibitions against
per state unwarranted exercise of governmental
powers, such as those found in the Bill
Political and Territorial Subdivision of the of Rights of many constitutions.
Philippines 3.​ Distributing the powers horizontally and
vertically to prevent over concentration
Section 1, Article X of 1987 Philippine of power in one branch.
Constitution
●​ Presidential Systems - complete
1.​ Barangay separation of powers.
2.​ Municipality
3.​ City ●​ Parliamentary Systems - partial
4.​ Province distribution of these powers as both
5.​ State legislative and executive branches fused
in one agency.
*Local government is a Municipal Corporation
uniting the people and the land within a Local Government as Political and Territorial
prescribed boundary. Subdivisions of State

3 Elements of Municipal Corporation ●​ Local government - political subdivision

1.​ Inhabitants of a nation or state which is constituted
2.​ Corporate Name by law and has substantial control of
3.​ Territory local affairs.

Governmental and Proprietary Function ●​ Section 15, Local Government Code of

1991 - shall exercise powers as a
●​ Governmental Function - administers political subdivision of the National
the powers of the state and promotes Government.
the public welfare.
A system of government involving vertical
●​ Proprietary Function - involves distribution of powers is either unitary or federal.
community services that directly benefits
the people. ●​ Unitary - Local governments derive their
existence and powers from the National
Local government differ based on: government.
1.​ Land area
2.​ Population ●​ Federal - governments became
3.​ Income quasi-sovereign. (independence and
power to govern itself but still under
control of a higher authority)
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●​ Element of Subordination - having no only function was to assist the higher levels of
inherent powers and must look up to the government in collecting tribute.
higher governmental level for delegation
of authority. ●​ American Period: continued the
convenient system of centralization.
International Union of Local Authorities refers to
local governments as “Geographic Subdivisions” 1946 - Political Independence of the Philippines

Two important elements in definition for 1935 - Constitution was drafted, mentioned local
Local Governments: government in only one section; Section 10,
Article VII. “The President shall exercise general
1.​ Presence of higher authority supervision over local governments as may be
2.​ Territorial boundaries provided by law.”

●​ Cluster of Barangays compose a 1972 - Martial Law strengthened the President’s

Municipality or City power over local government, despite the
●​ Cluster of Municipalities and/or provision of an article in the Constitution of
Component Cities compose a Province 1973.

Autonomous Regions: Muslim Mindanao and the 1986 - People Power; National government
Cordilleras became more responsive to the lower units of
government.
Local Governments as Municipal
Corporations Structures and Systems of Philippine Local
Government
●​ Municipal Corporation - collection of
individuals united in one body. The National Government, by law, creates,
merges, or abolishes local government units,
Local Governments are essentially a Municipal endows them with powers within their
Corporation. jurisdiction, and determines national-local
government relations.
●​ Municipal Corporations are established
by law to regulate and administer the The first Local Government Code
local internal affairs of the city, town, or -​ enacted in 1983 by Batasang
district incorporated. Pambansa 337.
-​ provided criteria to be used in creating
local units.
Local Government Systems in the
Philippines Before 1983, there were no criteria except 500
population for Barrio, such that Congress and
History of Local Governments in the the President abused their power of creation.
Philippines
●​ Province
●​ Pre-Spanish: Land area: 2,000 sq km.
Population: not less than 250,000
Datu exercised all three governmental powers: Income: at least 20 million
executive, legislative and judicial powers. Upon
consultation with a Council of Elders. ●​ City
Land area: 100 sq km.
Barangay - from the local term balangay, which Population: 150,000
were independent and not subordinate to any Income: at least 20 million
higher government.
●​ Municipality
●​ Spanish Period: Land area: 50 sq km.
Population: 25,000
Centralization became their main tool in Income: 2.5 million
colonizing the Philippines.
●​ Barangay
Parcel of lands - encomiendas Only criterion is population of at least 2,000
Cities - cabildos however, in Metropolitan Manila should have a
Municipalities - pueblos minimum of 5,000
Provinces - provincia
Local Units may be created by law or by
Barangays were reduced to barrios, and Datus ordinance.
were demoted to Cabezas de Barangay, whose
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Tiers of Local Government

Several levels of Local Authority

1.​ Province
-​ intermediate unit, providing supervision
to the municipalities and component
cities.
-​ performing services for the National
Government.

2.​ Cities, Municipalities (and Barangays)

-​ basic unit of local government
-​ performing services for the people who
live together in a community.

The Unitary System of Government

The Philippines is still a unitary form of

government. Any form of autonomy granted to
local governments will necessarily be limited and
confined within the extent allowed by the central
authority.

The principle of local autonomy under the 1987

Constitution simply means “Decentralization”. It
does not make local governments sovereign
within the state or an “imperium in imperio”

The National Government is the policy-making

agency of the government.

●​ Policy-making power - the discretion to

decide what the law shall be on a
particular matter.

The National Legislature is still the principal of

the Local Government units, which cannot defy
its will or modify or violate it.