Local and Regional Governance (PUAD 313)

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Questions and Answers

What is the primary purpose of enacting a local government code as stated in the document?

To provide a more responsive and accountable local government structure through decentralization.

Who exercises general supervision over local governments in the Philippines?

The President of the Philippines exercises general supervision over local governments.

What powers do local government units have regarding revenue generation?

Local government units can create their own sources of revenues and levy taxes, fees, and charges.

How are local government units entitled to participate in national taxes?

<p>Local government units are entitled to a just share of national taxes, which shall be automatically released to them.</p> Signup and view all the answers

What is the maximum term limit for elective local officials, excluding barangay officials?

<p>Elective local officials may serve a maximum of three consecutive terms.</p> Signup and view all the answers

What must local government legislative bodies include as per the document?

<p>Legislative bodies of local governments must have sectoral representation as prescribed by law.</p> Signup and view all the answers

In what ways can local governments share in the national wealth according to the document?

<p>Local governments are entitled to an equitable share in the proceeds of national wealth utilization and development.</p> Signup and view all the answers

What is the role of Congress concerning the local government code?

<p>Congress is responsible for enacting the local government code and providing guidelines for local governance.</p> Signup and view all the answers

What powers remain with the National Government according to the Constitution discussed?

<p>All powers, functions, and responsibilities not granted to the autonomous regions are vested in the National Government.</p> Signup and view all the answers

What role does the Congress play in the establishment of autonomous regions?

<p>The Congress shall enact an organic act for each autonomous region with assistance from a regional consultative commission.</p> Signup and view all the answers

What is required for the creation of an autonomous region to be effective?

<p>Approval by the majority of votes cast in a plebiscite by constituent units is required.</p> Signup and view all the answers

List three legislative powers that the organic act of autonomous regions may provide.

<p>Legislative powers may include administrative organization, creation of sources of revenues, and ancestral domain and natural resources.</p> Signup and view all the answers

What does the term 'control' signify in local governance?

<p>It signifies the power of an officer to alter or modify what a subordinate officer has done.</p> Signup and view all the answers

Who is responsible for the preservation of peace and order within the autonomous regions?

<p>Local police agencies are responsible for maintaining peace and order within the regions.</p> Signup and view all the answers

What is the timeline for the first Congress to pass the organic acts for the autonomous regions?

<p>The first Congress must pass the organic acts within eighteen months from the organization of both Houses.</p> Signup and view all the answers

Explain the concept of 'debureaucratization.'

<p>It refers to the transfer of government assets from the national government to the private sector.</p> Signup and view all the answers

What is meant by 'decentralization' in the context of local governance?

<p>Decentralization means granting local government units more power and resources from the national government.</p> Signup and view all the answers

What are the components of the basic structure of government as defined by the organic act for autonomous regions?

<p>The basic structure includes an elective executive department and a legislative assembly.</p> Signup and view all the answers

What responsibility does the National Government hold regarding the defense and security of the regions?

<p>The National Government is responsible for the defense and security of the regions.</p> Signup and view all the answers

Define 'deconcentration' in local governance.

<p>Deconcentration is the transfer of powers and functions from national offices to local offices.</p> Signup and view all the answers

What does 'development administration' entail?

<p>It involves pragmatic and result-oriented organizations that adapt to changes in public administration.</p> Signup and view all the answers

What is the process of 'devolution' in local governance?

<p>Devolution is the transfer of basic services, assets, and personnel from national agencies to local government units.</p> Signup and view all the answers

What is a 'domicile' in legal terms?

<p>A domicile is a place where a person has a fixed and permanent home for legal purposes.</p> Signup and view all the answers

Describe the Internal Revenue Allotment (IRA) in the context of local governance.

<p>IRA is the share of local units from the Bureau of Internal Revenue collections, now known as the National Tax Allotment.</p> Signup and view all the answers

What are the implications of withdrawing local tax exemption privileges for Government-Owned and Controlled Corporations (GOCCs)?

<p>It can lead to increased tax revenue for local governments, but may also discourage investment and operational activities of GOCCs.</p> Signup and view all the answers

How is the allocation formula for local government units (LGUs) divided?

<p>The allocation formula is divided into 50% for population, 25% for land area, and 25% for equal sharing.</p> Signup and view all the answers

What percentage share does the municipality receive from BIR collections?

<p>Municipalities receive a 20% share from BIR collections.</p> Signup and view all the answers

What is the timeframe for releasing the BIR collections share to local treasurers after each quarter?

<p>The share must be released to the local treasurer within five days after each quarter.</p> Signup and view all the answers

Why is the reduction of assessment levels significant for real property tax?

<p>Reducing assessment levels can lower property tax burdens on residents and businesses, stimulating local economic activity.</p> Signup and view all the answers

What is the process called that allows local voters to propose or amend ordinances?

<p>Local initiative</p> Signup and view all the answers

What entities are considered part of the local government in the Philippines?

<p>Provinces, cities, municipalities, and barangays</p> Signup and view all the answers

Who exercises the power to impose local taxes and fees?

<p>The Sanggunian</p> Signup and view all the answers

What did the Mandanas-Garcia ruling clarify regarding the Internal Revenue Allotment (IRA)?

<p>It should include other national taxes like tariffs and customs duties.</p> Signup and view all the answers

What is the National Tax Allotment (NTA) estimated at?

<p>40% of actual collections of national taxes</p> Signup and view all the answers

What does organization development aim to change within an organization?

<p>Beliefs, attitudes, values, and structures</p> Signup and view all the answers

What is the purpose of a recall in local governance?

<p>To request the repeat of an election for loss of confidence.</p> Signup and view all the answers

What is the legal process by which voters can approve or reject an ordinance?

<p>Referendum</p> Signup and view all the answers

What has driven the shift in responsibility for regional development policy from central to local government since the 1980s?

<p>The shift has been driven by both a lack of central government funds and the inability of central authorities to address local problems effectively during rapid change.</p> Signup and view all the answers

What is the principle of subsidiarity in the context of decentralization?

<p>The principle of subsidiarity suggests that decision-making and development responsibilities should be assigned to the lowest possible level to improve public sector legitimacy, transparency, and accountability.</p> Signup and view all the answers

How does deconcentration differ from devolution in the context of decentralization?

<p>Deconcentration involves transferring power to local administrative units of the central government, while devolution transfers power to subnational political entities independent of central control.</p> Signup and view all the answers

What characterizes administrative decentralization?

<p>Administrative decentralization is characterized by the central generation of resources, which are then allocated to decentralized units that implement spending according to central guidelines.</p> Signup and view all the answers

What is fiscal decentralization and how is it related to devolution?

<p>Fiscal decentralization is the process where decentralized units have the authority to generate and spend resources through their taxing powers, as defined by legal criteria, which is associated with devolution.</p> Signup and view all the answers

Why is devolution considered a more meaningful aspect of decentralization?

<p>Devolution is regarded as more meaningful because it empowers local governments with the autonomy to govern independently, allowing for more tailored and responsive public services.</p> Signup and view all the answers

What challenges can arise from the implementation of decentralization policies in developing countries?

<p>Challenges include ensuring adequate financial resources, building local governance capacity, and maintaining accountability of decentralized units.</p> Signup and view all the answers

In recent decades, what has been a common goal of decentralization efforts in developing countries?

<p>A common goal has been to improve governance, enhance local service delivery, and increase citizen participation in local decision-making processes.</p> Signup and view all the answers

Flashcards

Local Government Code

A law establishing the structure, powers, and responsibilities of local governments.

Decentralization

Distributing power from a central government to local units.

Local Government Powers

Legal authority for local government units to govern themselves.

President's Supervision

The President's oversight role over local governments.

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Local Revenue Sources

Local governments' ability to create their own funding through taxes & fees.

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National Tax Sharing

Local governments receive a portion of national taxes.

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Local Wealth Sharing

Local governments share in profits of national wealth in their area.

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Local Official Term Limits

Elective local officials (excluding barangay officials) serve 3 years, max 3 consecutive terms.

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Autonomous Region Powers

Powers not explicitly granted to autonomous regions in the Constitution are vested in the National Government.

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Organic Act Creation

Congress must create organic acts for each autonomous region, with input from a regional commission.

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Organic Act Content

Organic acts establish the regional government structure, including executive and legislative bodies.

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Regional Courts

Special regional courts are established to handle laws on personal, family, and property matters.

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Plebiscite Approval

Autonomous regions formation requires majority approval in a plebiscite (vote) by constituent units.

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Initial Congress Role

The first Congress must create organic acts for Muslim Mindanao and Cordilleras within 18 months of both House organization.

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Regional Legislative Powers

Regional governments have legislative authority over administration, revenue, ancestral lands, personal matters, economic/social development, education, and culture.

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Local Police Responsibility

Local police maintain peace and order within regions; national government handles defense and security.

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Control (in Local Gov.)

The authority of a higher-ranking official to change or overturn the actions of a lower-ranking official, essentially substituting their judgment.

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Debureaucratization

The process of shifting government assets (like businesses) from public ownership to private control. Basically, privatizing government entities.

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Deconcentration

Moving work and functions from national offices to local offices to reduce the workload of central administration.

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Development Administration

The ever-changing nature of government administration, adapting to new situations and priorities. It's about how government organizations evolve to meet new needs.

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Devolution

Transferring resources, assets, and personnel from national agencies to local government units, granting them greater control over their own services and activities.

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Domicile

The official place where you are considered legally resident, your permanent home for legal purposes.

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Internal Revenue Allotment (IRA)

The share of tax revenue that local governments receive from the national government's collection of taxes. Now known as the National Tax Allotment (NTA).

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Local Initiative

Voters in a local government unit can directly propose, enact, or change local laws.

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Local Government

Provinces, cities, municipalities, and barangays are the territorial and political subdivisions of the Philippines.

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Local Taxing Authority

The power to impose local taxes, fees, and charges is held by the Sanggunian (local council) through ordinances.

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Mandanas-Garcia Ruling

Local governments' share of national taxes should include all national taxes, including tariffs and customs duties.

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National Tax Allotment (NTA)

Local governments receive an annual share of the national government's tax revenue, estimated at 40% of national tax collections.

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Recall

Registered voters can remove an elected local official before their term ends if they lose confidence.

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Referendum

Voters in local government units can approve, modify, or reject laws passed by the Sanggunian.

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Residence

The place where a person lives.

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Decentralization Trend

The shift in responsibility for regional development from central government to local self-governance.

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Subsidiarity Principle

Decisions, responsibilities, and resources should be delegated to the lowest possible level for better governance.

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Administrative Decentralization

Resources are generated centrally, but allocated to decentralized units for spending according to central guidelines.

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Fiscal Decentralization

Decentralized units have the power to raise their own revenue through taxes and spend it according to legal criteria.

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Devolution's Importance

Devolution and fiscal decentralization are considered the most significant aspects of decentralization.

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Fiscal Decentralization Concerns

The transfer of revenue-raising and spending powers to subnational governments raises concerns about potential risks.

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LGU Revenue Sources

Ways local governments (LGUs) collect money, including taxes, fees, and national tax shares.

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Real Property Tax Adjustments

LGUs can change the amount of property tax by adjusting assessment levels (land value) and setting tax rates.

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Share in BIR Collections (IRA)

National taxes collected by the Bureau of Internal Revenue (BIR) are shared with LGUs based on their population, land area, and a fixed portion.

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Allocation Formula for IRA

Provinces, cities, and municipalities receive a portion of the BIR's revenue based on three factors: population (50%), land area (25%), and equal sharing (25%).

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Withdrawal of GOCC Tax Exemptions

The government can take away tax exemptions previously granted to government-owned and controlled corporations (GOCCs), meaning they will pay local taxes.

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Study Notes

Local and Regional Governance (PUAD 313)

  • Course outline includes constitutional provisions, overview of local governance in the Philippines, local government terminologies, decentralization principles, local government unit's revenue sources (taxation and fiscal administration).
  • The national territory comprises the Philippine archipelago, all islands and waters within, and all other territories over which the Philippines has jurisdiction. This includes the terrestrial, fluvial, aerial domains, territorial sea, seabed, subsoil, insular shelves, and submarine areas. Waters around, between and connecting the islands are considered internal waters.
  • Article X of the Philippine Constitution outlines the following:
    • Territorial and political subdivisions are provinces, cities, municipalities, and barangays.
    • Autonomous regions in Muslim Mindanao and the Cordilleras are outlined.
    • Territorial and political subdivisions enjoy local autonomy.
    • The Congress shall enact a local government code providing a more responsive and accountable local government structure with methods of recall, initiative, and referendum.
    • Establishing powers, responsibilities, and resources of different local units.
    • Qualifications, election, appointment, removal, terms, salaries, and duties of local officials.
    • The President exercises general supervision over local governments.
    • Local government units have the power to create revenue and levy taxes.
    • Local government units will have a just share in national taxes.
    • Local governments are entitled to a fair share of national wealth within their areas with direct benefits for inhabitants.
    • For all elective local officials, terms are three years (except barangay officials). An interruption does not reduce an official's full term.
    • Local government legislative bodies have sectoral representation.
    • No province, city, municipality, or barangay can be created, modified, divided, abolished, or substantially altered except by majority votes in a plebiscite within the political units affected.
    • Special metropolitan political subdivisions can be created under Congress oversight. The jurisdiction would be limited to basic services needing coordination. Cities that are highly urbanized can be independent from relevant provinces if their charters prohibit provincial voting rights.
    • Local government units can group, consolidate, or coordinate their efforts for common benefit.
    • Regional development councils composed of local, regional government and non-governmental representatives are to accelerate the region's social and economic development.
    • The creation of autonomous regions in Muslim Mindanao and Cordilleras, and the powers over these areas.
    • All powers not granted to autonomous regions rest with the national government.
    • Congress is required to enact organic acts for autonomous regions within 18 months of their organization.
    • Organic acts have powers over administrative organization, revenue sources, ancestral domain, natural resources, personal, family, and property relations, regional development, economic and social development, educational policies, cultural heritage, and other matters promoting the general welfare.
    • Local police will be responsible for maintaining peace, and national government for the regions' defense and security.
    • Constitutional overview of Local Governance, including overview of specific local government structures and terms, in the Philippines.

Course Outline

  • Detailed course structure, including specific topics.

Local Government Terminologies

  • Terms like control, debureaucratization, decentralization, deconcentration, development administration, devolution, domicile, internal revenue allotment, and local autonomy are defined.
    • Control: An officer's ability to make changes in a subordinate's actions.
    • Debureaucratization: Transfer of government assets to the private sector.
    • Decentralization: Shifting power from the national to local government units.
    • Deconcentration: Transfer of power and functions from national offices to local ones in a central government structure.
    • Development administration: An organization pragmatically adapting to changing public administration requirements.
    • Devolution: Transfer of basic services, facilities, and assets to local government units.
    • Domicile: A permanent or primary residence.
    • Internal revenue allotment (IRA) (NTA): Local government share from national tax collections.
    • Local autonomy: The quality of self-governance that allows for local development.
    • Local initiative: The legal process where voters of a local government unit can propose, enact, or amend ordinances.
    • Local government: The territorial and political subdivisions of the Philippines.
    • Local taxing authority: The Sanggunian's power to levy taxes and fees in a local government unit.

Decentralization, Devolution, and Deconcentration Principles

  • Decentralization: Power & responsibility shift from central government to local governments.
  • Devolution: Transfer of certain functions (services) to subnational governments to assist them to manage themselves.
  • Deconcentration: Transfer of power and functions from national to local offices within the national framework to ease the burden of the central government.

Local Government Unit's Revenue Sources (Taxation and Fiscal Administration)

  • Types of revenue
    • Locally generated: (taxes, fees, charges)
      • Business tax & other taxes with higher tax ceilings.
      • Taxes on income, forest products, mines, and minerals.
      • Expanded tax coverage (plantation / project offices).
      • Local tax exemption privileges of Government-Owned or Controlled Corporations (GOCCs).
      • Real Property Tax with adjusted assessment levels (residential, agricultural, and commercial).
    • Externally sourced: (IRA, National Tax Allotment)
      • Specific percentages of BIR collections (IRA) distributed according to the local units (Provinces, Cities, Municipalities / Barangays).
    • Allocation Formula (For Provinces, Cities, and Municipalities) details how the share is divided depending on factors such as population, land area, and equal sharing.

References and Important Resources

  • Lists articles/reports concerning the subject.

Regional Summary: Number of Provinces, Cities, Municipalities, and Barangays in each Region.

  • Statistical data, showing the numbers of provinces, cities, municipalities, and barangays in each region of the Philippines.

Top 10 Provinces, Highly Urbanized and Component Cities, and 1st to 2nd class Municipalities, and 3rd to 6th Class Municipalities

  • Statistics on particular geographical entities.

Economic Dynamism, Government Efficiency, Infrastructure, and Resiliency

  • A series of indicators describing each of these areas.

Innovation

  • Indicators or scores in the Innovation area.

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