Political Law (Constitutional Law) – ARTICLE X: LOCAL GOVERNMENT
Political Law (Constitutional Law) – Article X
ARTICLE X: LOCAL GOVERNMENT
Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE:
Composition:
1) Provinces
2) Cities;
3) Municipalities; and
4) Barangays
There shall be Autonomous regions in:
1) Muslim Mindanao, and
2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region]
Note: 1) A third autonomous regions would require a constiutional amendment.
2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not by law.
3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGU’s
Section 2. Local Autonomy
1) All political subdivisions shall enjoy local autonomy
2) This does not mean that the LGU’s are completely free from the central government.
- Judiciary may still pass on LGU actions
- President may exercise disciplinary power over LGU officials.
Sec. 3. 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 qualifications, election, appointment and 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.
Section 4. PRESIDENTIAL SUPERVISION OF LGUS
Supervision of President
1) The President exercises general supervision over all LGUs
2) The President exercises DIRECT supervision over
- Provinces
- Autonomous regions and
- Independent cities.
3) This power is limited to ensuring that lower officers exercise their functions in accordance with law.
4) The president cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law.
5) The President may, however, impose administrative sanctions against LGU officials, such as suspension for 120 days, and may even remove them from their posts, in accordance with law.
6) Provinces exercise direct supervision over component cities and municipalities.
7) Cities and municipalities exercise direct supervision over component barangays.
Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC.
Limitations on Power
1) It is subject to such guidelines and limitations as Congress may provide. See Local Government Code for examples.
2) The guidelines set by Congress should be consistent with the basic policy of local autonomy.
Accrual of taxes, fees, charges
The taxes, fees and charges shall accrue exclusively to the local governments.
Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM
Internal Revenue Allotment (IRA)
1) Share of LGUs in national taxes is limited to the internal revenue taxes.
2) The share of each LGU should be released, without need of any further action, directly to the provincial, city, municipal or barangay treasurer. Release is made on a quarterly basis within 5 days after the end of each quarter.
3) The share of each LGU should not be subject to any lien or holdback that may be imposed by the national government for whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development projects.
5) Adjustments in IRA
- Ground: Unmanageable public section deficit
- President can make the necessary adjustments in the IRA upon the recommendation of the following:
- Department of Finance Secretary
- DILG Secretary
- DBM Secretary
6) IRA considered for purposes of conversion from one political subdivision to the next. (Alvarez v. Guingona)
Section 7. SHARE OF LGUS IN NATIONAL WEALTH
Share of LGUs in national wealth
1) LGUs are entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas in the manner provided by law.
2) This includes share the same with the inhabitants by way of direct benefits.
Under the LGC
1) LGUs have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from
- Mining taxes
- Royalties
- Forestry and fishery charges
- Other taxes, fees and charges
- Share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth w/in their territorial jurisdiction
Sec. 8. TERM OF OFFICE
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
1) No elective official shall serve for more than 3 consecutive terms
2) Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
Sec. 9. SECTORAL REPRESENTATION IN LGUS
Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law
There should be representatives from:
1) The women’s sector
2) The workers
3) Third sector (can choose from any of the following)
A) Urban poor
B) Indigenous cultural communities
C) Disabled persons
D) Any other sector as may be determined by the sanggunian
Election of Sector Representatives
Sec. 10. Creation, abolition and division of LGU’s
1) Requisites
- Compliance with the requirements of the Local Government Code; and
- Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected.
2) Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include voters of the ENTIRE province, and not just the area to comprise the new province.
3) LGC requirements relate to matters such as population, revenue, and area requirements.
Sec. 11. Metropolitan political subdivisions
Creation:
1) Congress may create special metropolitan political subdivisions by law.
2) It is subject to a plebiscite
Jurisdiction of Metropolitan authority
It is limited to basic services requiring coordination.
Basic Autonomy of Component Cities and Municipalities
1) The component cities and municipalities retain their basic autonomy
2) They shall be entitled to their own local executive and legislative assemblies.
Sec. 12. CITIES
Classification of Cities:
1) Highly urbanized (as determined by law)
2) Component cities (cities still under provincial control); and
3) Independent component cities (non-highly urbanized cities whose voters are prohibited by thecity charter from voting in provincial elections)
Independence from the Province
1) Highly urbanized cities and independent component cities are independent of the province.
2) Component cities whose charter contain no such prohibition are still under the control of the province and its voters may still vote for elective provincial officials.
Section 13. Coordination among LGUS
Consolidation and Coordination of Efforts, Services and Resources
1) It is optional on the part of LGUs as shown by the use of the word “may”
2) It can be done for purposes commonly beneficial to them in accordance with the law.
Under LGC (Section 33)
1) Consolidation and coordination may be done through appropriate ordinances.
2) A public hearing should be conducted and the approval of the sanggunian obtained.
3) An LGU can:
- Contribute funds, real estate, equipment and other kinds of property
- Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through Memoranda of Agreement.
Section 14. REGIONAL DEVELOPMENT COUNCILS
Who can provide for RDC
The President shall provide for RDC or other similar bodies composed of:
Composition
1) Local government officials
2) Regional heads of departments and other government offices
3) Representatives of NGOS within the regions
For Purpose of
1) Administrative decentralization
2) To strengthen local autonomy
3) To accelerate the economic and social growth and development of the units in the region
Section 15. AUTONOMOUS REGIONS
Where:
1) Muslim Mindanao
2) Cordillera region
Factors:
1) Historical heritage
2) Cultural heritage
3) Economic and social structures,
4) Other relevant characteristics within:
- The framework of the consititution
- National sovereignty
- Territorial integrity.
Creation:
1) Provided by law.
2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes cast in a plebiscite held among the constituent units.
3) Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous region.
4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the constitution requires more than one province to constitute one (like what happened in the Cordillera plebiscite)
5) The question of which LGU’s shall constitute an autonomous region is one which is exclusively for Congress to decide.
Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS
By Whom:
The President
Purpose:
To ensure that the laws are faithfully executed.
Sec. 17. All powers, functions and responsibilities not granted by this Constitution or by law to the autonomous region shall be vested in the National Government.
Examples: 1) Foreign relations,
2) National defense and Security
3) Monetary Affairs
Section 20. LEGISLATIVE POWERS
The Organic Act of Autonomous Region shall provide for legislative powers over:
1) Administrative organization;
2) Creation of sources of revenues;
3) Ancestral domain and natural resources
4) Personal, family and property relations
5) Regional, urban, and rural planning development;
6) Economic, social, and tourism development;
7) Educational policies;
8) Preservation and development of the cultural heritage; and
9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.
Limitations:
1) Subject to the provisions of the Constitution and national laws
2) To be exercised within its territorial jurisdiction
Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY
Peace and Order
It shall be the responsibility of the local police agencies.
Defense and Security
It shall be the responsibility of the national government.
Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations
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