Beduya, Shane Vallery A.

September 10, 2020

PSC1204 – Section 1 (12:00-1:30) T/F

Midterm: Formative - Set A

1. Discuss the relevance of the development of Local Government Code of 1991 in local
government administration in the Philippines (10 points).

The basic functions and basic services provided by the local government units as
mandated by the Local Government Code of 1991 is very important in the aspect of
governing people.

Prior to the creation of the Local Government Code of 1991, specifically during the
imposition of martial law under Marcos administration, our system of government was highly
centralized. If we go back to the time of President Ferdinand Marcos in 1972, the imposition
of martial law created a highly-centralized authoritarian regime due to the abolishment of
local elections and placement of power in the dictator to appoint local officials. Moreover, the
mandates are directly coming from the central government through presidential decrees.

According to Brillantes and Moscare (2002), the 1973 Constitution did commit itself
in promoting local autonomy, which, likewise, constitutionalized the taxing powers of local
government units. In addition, the Batas Pambansa Bilang 337 or the Local Government
Code of 1983 was promulgated by the authoritarian government. Despite these provisions,
President Marcos kept on exercising the power of ‘supervision and control’ over the
territorial governments. Evidently, local autonomy wasn’t realistically implemented during
this time making the local government units very dependent on the central government.

Now, the creation of Local Government Code of 1991 through the mechanisms set by
the provisions of the 1987 Constitution introduced major changes in local governance. In
general, the Local Government Code of 1991 defines and highlights the relationship between
the central government and the local government units. In a more specific note, the specific
management innovations introduced by this Code are the following.

First, local authorities are now given genuine and purposeful authority to give them
the opportunity to achieve their fullest development. Second, this Code defines the functions
and powers of the local government units. The local government units are mandated to listen
to the demands of the people and to promote liberty, equality and people’s welfare by
providing them with basic services. Third, from the functions provided by this Code, the local
government units are now expected to become self-reliant communities to make them more
effective partners of the national government. And when we say partners, it means that if the
local government units could already stand on their own, they would not be responsibilities of
the central government anymore. In this sense, the Local Government Code materializes the
principles of decentralization. By the virtue of the principle of decentralization, the intention
now is to make the local government units effective partners of the national government in
attaining goals. Lastly, local government units are now empowered through fiscal
management with the fiscal autonomy constitutionalized by the 1987 Constitution and
supported by Section 18 of the 1991 Local Government Code. These fiscal policies enable
them to generate their own sources of revenues, impose tax and charges within their own
jurisdiction, and partner with private sectors to increase their income.
 To summarize, the Local Government Code of 1991 grants local government units
with “greater powers and responsibilities”, and equally provides them the “necessary
resources to fulfill this expanded role” (Pagsanghan, 1993, p. 348). Further, the intention of
the government in giving these powers to the local government units is for them to
experience the spirit of local autonomy and for them to stand on their own and become self-
governing units. Local government units are now empowered by the Local Government Code
of 1991. The attainment of the objective of local autonomy now depends on the execution
and implementation of local government officials.

2. Conceptualize people’s participation and discuss its relevance in local government

administration in the Philippines (10 points).

The 1991 Local Government Code has features that paved the way for greater citizen
participation. With the vast powers and resources that the local governments now hold, the
Code gives the people a wider range in terms of the courses of action to take in local
development to counterbalance those powers (Pagsanghan, 1993, p. 348). Moreover, in
accordance with Sections 106 and 107 of RA 7160, the Code also mandates the
representation of non-governmental organizations and people’s organizations in local bodies
(Nolledo, 1992, as cited in Moldez, 2015). Non-governmental organizations and people’s
organizations are now recognized by the local government units as key actors in local
development.

The procedure of initiative is provided by the Local Government Code of 1991 where
people can directly propose, enact or amend ordinances in their respective local sanggunian
or the local legislative body. And then, if the necessary number of people have signed this
petition, it can now be presented to the registered voters of that local government unit for
approval or rejection through a referendum (Pagsanghan, 1993, p. 348). Recalls are also
provided in the Code. It involves holding a new election for a certain position of an official
whose legitimacy is being questioned. Meaning to say, mayors can be removed from their
position even before the end of their term of office if the majority of the citizens desire it.

A barangay assembly is also one that encourages citizen’s participation. It can be

convened by the citizens to review the finances and performance of the local legislative body.
For instance, before implementing projects in an area, the national government must first
consult with the appropriate local government and people’s organization as stipulated in the
provisions on mandatory consultations, especially when there is an ecological consequence to
the proposed project (Ibid., p. 349).

The Code also encourages a more democratic sectoral representation in the local
level. People’s organizations can now be represented by three representatives. One from the
agricultural sector, one from the women and one from the sector specified by the sanggunian
(Ibid., p. 350). For instance, in the case of indigenous people, they are supposed to have one
representative in the sanggunian for their concerns to be addressed by the local government.

In sum, people’s participation in local governance aims to widen the base of

democracy and to let the people’s voice be heard by the government in pursuance of the
attainment of their fullest development.
References:

Brillantes, A., & Moscare, D. (2002, July). Decentralization and federalism in the
Philippines: Lessons from global community. In International Conference of the East
West Centre, Kuala Lumpur, Malaysia. Retrieved from
http://citeseerx.ist.psu.edu/viewdoc/download?
doi=10.1.1.510.4753&rep=rep1&type=pdf

Moldez, R. (2015). People's Participation in the Local Legislation Process: Recent

Experiences in Cagayan de Oro City. Retrieved from
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2699921

Pagsanghan, J. (1993). The Local Government Code of 1991: Opportunity and Challenge.
Philippine Studies, 41(3), 344-352. Retrieved from
https://www.jstor.org/stable/42633389