Article X:
Local Government
Section 1.
The territorial and political subdivisions of
the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall
be autonomous regions in Muslim Mindanao and
the Cordilleras as hereinafter provided.
In the Philippines, the term Local
Government refers to provinces, cities,
municipalities and barangays.
The constitution directs the creation of
autonomous regions for Muslim Mindanao and
for the Cordilleras by an organic act to be enacted
by Congress for each autonomous region subject to
a plebiscite
Can the state create a third
autonomous region?
Note:
This manner of subdividing the
Philippines cannot go out of existence
except by a constitutional amendment.
Section 2.
The territorial and political subdivisions
shall enjoy local autonomy.
Autonomy is either:
a. Decentralization of administration
b. Decentralization of power
Reason for granting local autonomy:
1. Importance of local solutions to local problems
2. Need for orderly management of local affairs
3. Desirability of self-reliance
4. Need for fullest development of local government
5. Innate desire for self-government
Section 3.
The 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.
Mechanism of recall of officers, initiative,
referendum and plebiscite
Recall of officers
Legal process by which the
registered voters of a local
government unit may remove,
for loss of confidence, elective
local officials.
Initiative
the power of the people to propose
amendments to the Constitution or to
propose and enact legislations through
an election called for the purpose.
There are three (3) systems of initiative, namely:
a.1 Initiative on the Constitution
a.2. Initiative on statutes
a.3. Initiative on local legislation
Referendum
the power of the electorate to approve or
reject a legislation through an election
called for the purpose. It may be of two
classes, namely:
1. Referendum on statutes
2. Referendum on local law
Plebiscite
the electoral process by which an
initiative on the Constitution is
approved or rejected by the people.
Section 4.
The President of the Philippines shall exercise
general supervision over local governments.
Provinces with respect to component cities and
municipalities, and cities and municipalities with
respect to component barangays, shall ensure
that the acts of their component units are within
the scope of their prescribed powers and
functions.
Power of Supervision
It means overseeing or the power or
authority of an officer to see that subordinate
officers perform their duties. If the latter fail
or neglect to fulfill them the former may take
such action or step as prescribed by law to
make them perform their duties.
Power of Control
It means the power of an officer to
alter or modify or nullify or set aside what a
subordinate officer had done in the
performance of his duties and to substitute
the judgment of the former for that of the
latter.
Mondano v. Silvosa
G.R. No. L-7708 : May 30, 1955.
FACTS:
• Jose Mondano was the mayor of Mainit, Surigao. A complaint was filed
against him for rape and concubinage. The information reached the
Assistant Executive Secretary who ordered the governor to investigate
the matter. Consequently, Governor Fernando Silvosa then summoned
Mondano and the latter appeared before him. Thereafter Silvosa
suspended Mondano. Mondano filed a petition for prohibition enjoining
the governor from further proceeding.
• In his defense, Silvosa invoked the Revised Administrative Code which
provided that he, as part of the executive and by virtue o the order
given by the Assistant Executive Secretary, is with “direct control,
direction, and supervision over all bureaus and offices under his
jurisdiction . . .” and to that end “may order the investigation of any act
or conduct of any person in the service of any bureau or office under his
Department and in connection therewith may appoint a committee or
designate an official or person who shall conduct such investigations.
ISSUE: Whether the suspension is legal.
Mondano v. Silvosa
G.R. No. L-7708 : May 30, 1955.
RULING:
No. The Department head as agent of the President has
direct control and supervision over all bureaus and offices under
his jurisdiction as provided for in Sec. 79(c) of the Revised
Administrative Code, but he does not have the same control of
local governments as that exercised by him over bureaus and
offices under his jurisdiction and does not extend to local
governments over which the President exercises only general
supervision as may be provided by law. If the provisions of section
79 (c) of the RAC are to be construed as conferring upon the
corresponding department head direct control, direction, and
supervision over all local governments and that for that reason he
may order the investigation of an official of a local government for
malfeasance in office, such interpretation would be contrary to the
provisions of par 1, sec 10, Article 7, of the 1935 Constitution. If
“general supervision over all local governments” is to be construed
as the same power granted to the Department Head in sec 79 (c)
of the RAC, then there would no longer be a distinction or
difference between the power of control and that of supervision.
Joson v. Torres
290 SCRA 279 (1998)
FACTS: Then Undersecretary Sanchez of the DILG,
through the order of the President to investigate the
present case, recommended the preventive
suspension of Petitioner, as governor of Nueva Ecija,
in connection with the investigation of his running
amok in the sangguniang halls. The said order was
reached due to the continuous delay of petitioner to
submit its response on the matter.
ISSUE: Whether or not the President may impose
disciplinary actions against a Municipal Governor.
Joson v. Torres
290 SCRA 279 (1998)
RULING: YES. The power of the President over administrative
disciplinary cases against elective local officials is derived from his
power of general supervision over local governments.
The power of supervision means “overseeing or the
authority of an officer to see that the subordinate officers
perform their duties.” If the subordinate officers fail or neglect
to fulfill their duties, the official may take such action or step
as prescribed by law to make them perform their duties. The
President’s power of general supervision means no more than the
power of ensuring that laws are faithfully executed, or that
subordinate officers act within the law. Supervision is not incompatible
with discipline. And the power to discipline and ensure that the laws
be faithfully executed must be construed to authorize the President to
order an investigation of the act or conduct of local officials when in
his opinion the good of the public service so requires.
Section 5.
Each local government unit shall have the power to create
its own sources of revenues and to levy taxes, fees and
charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of
local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.
It is established Philippine jurisprudence that municipal
corporation (also known as local government possesses no
inherent power to tax. Being a mere creature of the State, they
may exercise the power only if expressly delegated to them by
the national legislature or conferred by the constitution itself.
Section 6.
Local government units shall have a just share,
as determined by law, in the national taxes
which shall be automatically released to them.
A share in the national taxes collected by
the national government is another source of
revenue for local units. The amount will be “ as
determined by law”. This is distinct from the axes
which the local government itself might impose.
Section 7.
Local governments shall be 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, including sharing the same with the
inhabitants by way of direct benefits.
What are the fund sources of local governments?
1. Local taxes, fees, and charges
2. Its shares in the national taxes
3. Its share in the proceeds of the utilization of
natural resources within their respective areas
Section 8.
The term of office of elective local officials, except barangay
officials, which shall be determined by law, shall be three
years and no such official shall serve for more than three
consecutive terms. Voluntary renunciation of the 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.
Section 9.
Legislative bodies of local governments shall
have sectoral representation as may be
prescribed by law.
Who appoints the sectoral representatives in the
local legislative bodies?
- It says “as may be provided by law”. The Local
Government Code says that they are appointed
by the President. But the Secretary of Local
Government may, by authority of the President
inform the sectoral representatives of their
appointment.
Section 10.
No province, city, municipality, or barangay may be created, divided,
merged, abolished, or its boundary substantially altered, except in
accordance with the criteria established in the local government code and
subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected.
Any LGU may be created, divided, merged,
abolished or its boundary substantially altered provided:
1. The change is in accordance with the criteria established
in the Local Government Code.
2. It is approved by a majority of the votes cast in plebiscite
in the “political units directly affected”
Section 11.
The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own
local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will
thereby be created shall be limited to basic services
requiring coordination.
Section 12.
Cities that are highly urbanized, as determined
by law, and component cities whose charters
prohibit their voters from voting for provincial
elective officials, shall be independent of the
province. The voters of component cities
within a province, whose charters contain no
such prohibition, shall not be deprived of their
right to vote for elective provincial officials.
Section 13.
Local government units may group
themselves, consolidate or coordinate their
efforts, services, and resources for purposes
commonly beneficial to them in accordance
with law.
Section 14.
The President shall provide for regional
development councils or other similar bodies
composed of local government officials, regional
heads of departments and other government
offices, and representatives from non-
governmental organizations within the regions for
purposes of administrative decentralization to
strengthen the autonomy of the units therein and
to accelerate the economic and social growth and
development of the units in the region.
AUTONOMOUS REGIONS
Section 15.
There shall be created autonomous regions in
Muslim Mindanao and in the Cordilleras consisting
of provinces, cities, municipalities, and
geographical areas sharing common and distinctive
historical and cultural heritage, economic and
social structures, and other relevant characteristics
within the framework of this Constitution and the
national sovereignty as well as territorial integrity
of the Republic of the Philippines.
Section 16.
The President shall exercise general
supervision over autonomous regions to
ensure that laws are faithfully executed.
Section 17.
All powers, functions, and responsibilities not
granted by this Constitution or by law to the
autonomous regions shall be vested in the
National Government.
Section 18.
The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission
composed of representatives appointed by the President from a list of
nominees from multisectoral bodies. The organic act shall define the basic
structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and property law
jurisdiction consistent with the provisions of this Constitution and national
laws.
The creation of the autonomous region shall be effective when approved by
majority of the votes cast by the constituent units in a plebiscite called for
the purpose, provided that only provinces, cities, and geographic areas voting
favorably in such plebiscite shall be included in the autonomous region.
Section 19.
The first Congress elected under this
Constitution shall, within eighteen months
from the time of organization of both Houses,
pass the organic acts for the autonomous
regions in Muslim Mindanao and the
Cordilleras.
Section 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act of
autonomous regions 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.
Section 21.
The preservation of peace and order within
the regions shall be the responsibility of the
local police agencies which shall be organized,
maintained, supervised, and utilized in
accordance with applicable laws. The defense
and security of the regions shall be the
responsibility of the National Government.
