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Notes on the Local Government Code Excerpts from
Chapter 2: Toward the Democratization of Barangay Governance Section 1: In the 90’s, we have witnessed the gradual shift of the barangay into a new form in the realm of politics. These changes are successes achieved by the citizenry in the struggle to reform the political system of the country. At present, these successes are secure in the Local Government Code of 1991 or LGC. Two important points will be tackled in this part: (1) the origin and context of the LGC, and (2) the direction of local government based on the leeway granted by the LGC. Origin and Context of the Local Government Code of 1991 Origin. For much of our history, Philippine politics has been dominated by the traditional political clans that have also dominated the economic realm. From the national level down to the provinces, cities and municipalities, political power has remained in the hands of the few. In this set-up, the majority of the people had no voice or deciding role in the implementation of government policies and program. This system reached its zenith in the era of the dictatorship of President Ferdinand Marcos. Through the efforts and struggles of the citizenry, the Marcos dictatorship collapsed, leading to the establishment once again of a liberal government with the former president Corazon Aquino at the helm. It was the liberal government of Aquino which paved the way for the founding of a democratic local government secured by the Local Government Code of 1991 (LGC). The Current Political Situation. At present, the old way of administering politics is still prevalent despite the LGC. Governance is still the instrument commonly used by those who are possessed with political power in order to enrich their own person. The government is run like some sort of business where the only motive held by most is to gain profit. Traditional politicians still reign supreme in the national and local levels of government in the Philippines. That the old way of administering politics is still prevalent is proven true by the everyday experiences of the ordinary Filipino. One example is the problem of conducting studies and applying the fitting solutions to our country’s problems. Aside from being decided on by mere few who are not really immersed in the actual problems, time is wasted on following up on the respective projects of the provinces and municipalities in Manila, the capital. Another unfortunate reality is the necessity of "connections"; if one cannot ingratiate one’s self to the concerned agency, one has no real hope of implementing the project. Secondly, under the present administration, all the funds and resources are held by the national government. The oft-mentioned development is focused only on the leading cities like Metro Manila proper (NCR), Cebu, Subic, Davao and other developing cities. Approximately 85% of the collective fund granted to the country’s local government is solely taken by Metro Manila proper. The profit of the eight (8) NCR cities is even bigger than the collective profit or resources of all the cities and towns of the whole country. The so-called "Manila-Imperialism" decides and shapes the destiny of the barangay. How will a country grow if it is without any financial support for developmental projects? If the citizenry has no right to decide on the different issues related to the development of the community? If the government is sorely lacking in capability and worse, corrupt in administration? Spirit of LGC: Democracy and Participation Decentralization and participation of the citizen’s movement or civil society in local governance are the two keys leading to citizen and barangay empowerment. It is through these mechanisms that excessive centralization in government is overcome as well as through which we move toward a more effective, accountable and responsible government. When the LGC was passed, President Corazon Aquino declared it the "key of her political program." The Code was seen as guaranteeing that "democracy would be forged and strengthened at the local level," and from that time on the "sustainable development long desired by the Filipino people" would be enjoyed. It was also said that the Code was the biggest and most ambitious attempt ever toward the decentralization of the government. It is also expected that the LGC would lead the process of people empowerment. It provides opportunity for the direct participation of the people in administering government by giving room to decision-making, consultation, initiative and reform in local government. Strong, Autonomous, and Self-sufficient. The LGC is the legal basis of the present local governments regarding the running of their respective administrations – in the provinces, municipalities, cities, and barangays. By establishing a more responsive and accountable structure of local government, the LGC was able to form a strong, autonomous, and self-sufficient local government peopled with active citizens who are partners in the achievement of national goals. Devolution, Deconcentration, and Debureaucratization. Debureaucratization is the primary way to achieving the goal of a strong, autonomous, and self-sufficient barangays. This is setting to right the excessive centralization of power, authority, responsibility and recourse by the national government. This is the very essence and content of the Local Government Code regarding the barangays. In particular, decentralization means devolution, deconcentration and debureaucratization. The devolution and decentralization in politics means the transfers of some powers, responsibilities, functions, and resources from the national government to the local government units. On the other hand, deconcentration means the administrative transfer of power, responsibilities, functions, and resources from the national agencies to the local government units. The management of offices formerly directly under the national administration was entrusted to the local chief executives of the local government. The third form of decentralization is debureaucratization, or decrease in bureaucratism. This is the process of removing the monopoly of a few bureaucrat-politicians in the government. This is done by making room for the participation of citizen organizations in the country governance. The movements of devolution, deconcentration and debureaucratization are of the same direction. The decentralization of political power will never be complete if any one of these three elements is missing. The NGOs and Local Governance In this system of politics, movements like people’s organizations (POs) and Non- Governmental Organizations (NGOs) play a big role in the development of the local community. From the delivery of the basic services, planning and decision-making to being observers and fiscalizers toward excellent and effective governance of the barangay, PO and NGO participation is important. In the ranks of many NGOs, participation in or partnership with the local government is a new realm of engagement. It cannot be denied that in many situations and or issues before, the NGOs’ local governments’ directions and orientations diverged. Most NGOs come from the tradition of the national struggle for total democracy and freedom which raged during the 70’s and 80’s. This tradition gave greater importance to changing the societal structure in the national level. This view believed the true development would only occur in the barangays if the political and economic system of the country is to be changed. Thus, most NGOs gave more emphasis on political struggle in the national level; they did not engage in the local level. Secondly, because the local was seen as a non-strategic realm, attention was focused at the top rather than at the base. With this state of affairs, the traditional way of governing warlordism, the padrino and feudal system of politicswas able to dominate in local government for a long period of time. This could also be one of the reasons for the lack of participation of the people in the barangay. That NGOs came to play an important role in the development of the community and local government is not surprising. Firstly, NGOs have established a solid track record of credibility in the realm of community development—they have come to be recognized by most as fast and effective in implementing barangay projects. Secondly most, even the government itself, have acknowledged the discerning, humane, and natural structure off development advocated by NGOs. In addition, most NGOs have started to lead the outlining of ideas toward the founding of a truly democratic local government. At present, the NGOs and POs are the primary advocates of the belief that barangay governance is not merely a simple part of the bureaucracy, but is rather an organization of the people capable of changing and improving their own communities. Section 3 At present, barangay governance is undergoing a long and deep process of change, namely, from traditional politics toward a community, which is progressive, democratic, and self-reliant. This process of change was made possible with the passing of the Local Government Code (LGC) of 1991. What is the content of the LGC? What are the new roles and powers, rights and functions of the barangay under this law? How will the progressive provisions of the Code be realized? This section attempts to answer these questions such that the people can start walking the road toward truly democratic barangay governance. Important Provisions in the Local Government Code of 1991 One major content of the Code is the institutionalization of the participation of the private sector (PO / NGO) in local governance. For some legislators, the Code is one step nearer to the people empowerment. The Code lays down the mechanism to actualize the participation of the PO-NGO sector in the local councils. The different sectors are provided representation in the said councils, as well as in the special bodies specified by the Code:
As a guarantee for the people, the Code lays down as well the power of recall. The petition of 25% of the total number of registered voters in the elections is enough to start the process of removing an official from power. The powers of initiative and referendum refer to the right of the citizenry to directly propose and decide in order to establish, amend or nullify an ordinance. The number of registered voters required in the petition is 1,000 for the province, 100 for the town or municipality, and 50 for the barangay so that the process using the powers of initiative and referendum is initiated. Regarding mandatory consultation, the Code prescribes that any agency of the national government or any corporation owned thereby consult with the concerned barangay, town or province, PO, NGO, and still other involved sectors in the planning and implementation of projects which would create pollution, change of climate, disrupt the balance of nature, and other such negative effects. The Seven (7) Programs of Local Government Basing on the Local Government Code, the essence of local government can be captured in seven primary programs. Although our study is focused mainly on barangay governance, it was determined that this part be devoted to the level of the municipality in order to bring to light the context and logic fueling the LGC.
Before we completely understand the role of the local government in terms of organizational management and development, it is important to first tackle its organizational structure and to know how this is formed. ****** Office of the Local Chief Executive -----------------> Office of the Sangguniang Bayan | Municipal Administrator | Basic Services Unit Fiscal and Revenue Generating Units Staff From the figure, it can be seen that the Municipal Administrator’s Office is directly under the office of the Local Chief Executive. Next under the former are the three primary units in charge of running the everyday affairs of the Local Government. These are the Basic Services Unit, Fiscal and Revenue Unit, and Staff Unit. Aside from the Municipal Administrator, all the positions in this structure are filled by career personnel, or those who passed the Civil Service Examination given by the government. This status is what gives them security of tenure. On the other hand, since the Municipal Administrator is not required to be career personnel, his position is coterminous with the Local Chief Executive who appointed him to the job. His stint as Municipal Administrator also ends when Local Chief Executive ends his term. The reorganization of structure of local government is the right of each new administration. It is the Local Chief Executive’s prerogative to determine the form of his administration in the light of the pressing needs of the locality, and this is to be approved by the Sangguniang Bayan. Two frameworks are to be set in the process of forming a new structure. First, is the staffing pattern that would list all the positions to be filled in the new administration; second is the organizational chart. These two frameworks need to undergo approval by the Sangguniang Bayan. As to who will occupy a position determined and appointed by the Local Chief Executive, except for those called mandatory positions. Meanwhile, all the personnel within the Sangguniang Bayan-from the secretary to the Legislative Clerk-are appointed by the head of the council, the Vice-Mayor.
The fiscal year of a local government starts in January and ends in December. During these months, the local government tries to balance its own profits and expenditures. Local government funds are divided into two types: the regular fund and the special fund. There are three (3) kinds of transactions in local government:
The local government’s annual budget (formulated between September and October) covers two important elements: (1) estimate of income, and (2) total appropriation. Estimate of income is further divided into two – the internally and externally generated income. Internally generated income refers to the taxes collected from the community, permits and other miscellaneous fees. The Internal Revenue Allotment (IRA) which comes from the central government, the investments, and donations raked by the community, and the loans of the local government compose the externally generated income. Of the total IRA, 60% remains in the control of the national government while 40% is granted in the local government. Further divided among the LGUs, the barangays get 20%, the province and the city get 23% and the municipalities 43%. It is imperative that the local government learns the value of the tax map. This gives some sort of idea regarding the area covered by the barangay or municipality that could be taxed as part of internally generated income. The following are taxes that could be imposed by the local government:
The barangay can impose taxes on sari-sari stores whose profits are not more than P30,000 a year, while the municipality has the power to collect tax from enterprises whose profits go beyond the said amount. Other areas that local government can extract taxes from are those related to the natural resources of the community. Parts of the forest which are under timberland agreement can be taxed for 25-30 years; here, it is not the land agreement, there are also the pasture land and fisheries agreements. Included as well are the non-cultivated lands only 50% productive.
A comprehensive development plan includes all sectoral plans like infrastructure, socio-economic and cultural realms, protection of natural resources and others. Because it entails extensive planning, this mandate is usually operative for a span of five(5) to ten (10) years. There should be three types of plans composing this: the land use plan, capital investment plan, and comprehensive investment plan. These three (3) plans should have a clear and systematic relation to each other. Land Use Plan. The local government is in charge of the classification of lands and the identification of their appropriate use. There are four classifications of land: settlement/residential, agricultural, industrial and commercial. However, there are lands which have mixed classifications, like agro-industrial, or residential-agricultural. Legal basis of a Land Use Plan is an ordinance approved by the Sanggunian. The various kinds of Land Use Planning: Capital Investment Plan. This refers to the capital-intensive projects, with each project having a requisite Local Investment Plan. This is the basis of the local government’s annual budget. These are the steps in making the Local Development Plan:
In order for there to be effective legislation in the local government, the later should have a clear legislative agenda. The first step in making a resolution or ordinance is the holding of consultations with the different members of the community. Following this, is the formulation of an initial outline of the document submitted to the municipal or barangay secretary. After this, the document is discussed intensively by the Sanggunian. If it passes the first reading, the document is further studied by the appropriate committee (e.g., if it is about women, it is given to the Women’s Committee). Once perused by the committee, the document now goes through a second reading. The document becomes a resolution or ordinance when approved by the Sanggunian.
Because of the Local Government Code’s mandate of devolution of government agencies, the scope of power enjoyed by the local government with respect to the management and delivery of basic services was broadened. An example of this is the health program of the Department of Health. In the municipality, the Municipal Health Officer is in charge of the implementation of this program; the actual delivery of services to the people however is the responsibility of the midwives, nurses and barangay health workers.
This pertains to the vertical relationship of the different branches of government. That good relations exist between these branches, especially between the head of these branches, is of prime importance. For instance, the implementation of the development plan of a particular municipality or barangay would be faster if technical and financial assistance were made available by the office of the governor of the province.
The LGC grants a great opportunity for the PO and NGO to actively participate in local governance. This leeway is essential so that the members of the community, especially the marginalized, are empowered. The strengthening of relations between the LGU and these citizen organizations will clear the way toward the latter’s greater participation in government affairs. These POs and NGOs need only to undergo accreditation before they can engage in public activities like consultations. The first six primary functions of the barangay government listed above indicate powers, tasks and opportunities granted by the LGC. Some of these are the following:
---END--- Copyright Friedrich-Ebert-Stiftung 1999 |
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