Local and Regional Governance (PUAD 313)

Course Outline

• The course is titled Local and Regional Governance (PUAD 313)
• The instructor is Christopher C. Mantillas, Ph.D
• The course has an outline with topics including constitutional provisions on local government, overview of local governance in the Philippines, local government terminologies, decentralization, devolution, and deconcentration, and local government unit's revenue sources (taxation and fiscal administration)

Constitutional Provisions Related to Local Government

• The national territory comprises the Philippine archipelago, all islands and waters, and all other territories with the Philippines' sovereignty or jurisdiction
• This includes terrestrial, fluvial, and aerial domains, territorial sea, seabed, subsoil, insular shelves, and submarine areas.
• Waters surrounding and connecting the islands are part of internal waters

Autonomous Regions

• There will be autonomous regions in Muslim Mindanao and the Cordilleras in the Philippines.
• These autonomous regions will be built with provinces, cities, municipalities, and geographic areas.
• These areas will share common and distinctive characteristics (historical, cultural heritage, economic and social structures etc) while maintaining the territorial integrity and national sovereignty.
• The President has general supervision over these autonomous regions to ensure proper law execution

Local Government General Provisions

• Provinces, cities, municipalities, and Barangay areas are the territorial and political subdivisions
• There will be autonomous regions in Muslim Mindanao and the Cordilleras, according to the guidelines provided.

Local Government Sections (1-14)

• The Congress will initiate, enact, and maintain local government structure as efficient as possible
• The President will supervise local governments
• Local governments will have power to create their own revenue sources
• Local governments will be given a just share from national taxes, automatically released
• Local governments will have an equitable share in the national wealth within each respective area
• Terms of office for elective local officials (except barangay officials) will be determined by law
• A maximum of three consecutive terms are allowed. Voluntary renunciation is not deemed an interruption to terms
• Local legislative bodies will be based on sectoral representation
• Creation/division/merger/abolishment/substantial alteration to political boundaries of provinces, cities, municipalities, and/or barangays will only be possible with criteria provided in the Local Government Code. This will also need a plebiscite.
• Congress can create special metropolitan political subdivisions. Component cities/municipalities will retain their basic autonomy.
• Highly urbanized/Chartered cities are independent of the province they were once part of if their charter prohibits voting for provincial elective officials.
• Local government units can group, consolidate, or coordinate resources for beneficial aims under the law.

Section (15-21)

• The first Congress under the Constitution will create the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras within 18 months
• Within the territorial jurisdiction, the organic act will be in accordance to the constitution and national law
• The organic act will give power to the regions but will also follow guidelines as to how those given powers should be administrated.
• Preserving peace & order in the region is the local police agency's duty, and the defense will fall to the National Government
• This section explains a few possible roles and duties and what they will entail in the local government system

Local Government Terminologies

• Control: The power of an official to change or modify actions of their subordinate in the performance of duty, and to decide on the actions for the particular situation.
• Debureaucratization: The transfer of government assets to the private sector. This is also known as privatization.
• Decentralization: A system of distributing powers, authority, responsibilities and resources from a central government to local government units (LGUs). It also includes political decentralization
• Deconcentration: The transfer of functions from the national level to local offices to better serve the area.
• Development Administration: A pragmatic process intended to alter beliefs, attitudes, and behaviors of an organization to enable the organization to adapt to present and future challenges.
• Devolution: The transfer of power and functions to new governments at the local level, with more independence in decision-making and operating powers
• Domicile: A permanent home for legal purposes that is a place of temporary stay.
• Internal Revenue Allotment (IRA): The portion of national tax collections given to local governments. Now known as the National Tax Allotment (NTA).
• Local Autonomy: The self-governance of a local government unit to develop, giving them more effective support in achieving goals, with a more responsive structure.
• Local Initiative: A process for the registered voters in provinces, cities, and regions to propose, enact, or amend ordinances.
• Local Government: refers to the provinces, cities, municipalities, and barangays as territorial and political subdivisions
• Local Taxing Authority: The power to impose taxation, charges, collect revenue according to established local guidelines
• Mandanas-Garcia Ruling: Explains that national taxes, such as tariffs and customs duties, are to be included in the revenue calculation for local governments
• National Tax Allotment(NTA): Annual share, 40% of actual National Tax collections, from national taxes.
• Organization Development: Process intended for altering the organization through beliefs, values, and structures to improve their organization.
• Recall: The right to request for repeat elections for public officials. This process is exercised by voters belonging to the area.
• Referendum: The procedure where registered voters vote to approve, change or reject proposed ordinances made by their local government unit.
• Residence: The place where an individual resides or lives

Local Government Unit's Revenue Allocation

• The government breaks down funding for provinces, cities and municipalities. Some funds are based on population and land area, or equal distribution.

References

• Different documents, including government reports and legislation, provide the detail behind the referenced information.