Local Governance
According to UNDP, “governance is about the processes
by which public policy decisions are made and implemented. It is the result of
interactions, relationships and networks between the different sectors
(government, public sector, private sector and civil society) and involves
decisions, negotiation, and different power relations between stakeholders to
determine who gets what, when and how.”
Simply put, governance is the interplay of the
government, private sector and civil society organizations. From this meaning,
local governance therefore is not solely the function of the local government.
It is rather the local government interfacing with the private sector and the
civil society organizations within the framework of transparency,
accountability and participation towards achieving meaningful local autonomy.
A. Local Government Structure and System
The structure of the local government is defined by
the 1987 Philippine Constitution and the Local Government Code of 1991. These
laws, primarily the Constitution (sec. 1, Art. X) have defined the political
subdivisions at the local level which is three-tiered – the province, the
city/municipality and the barangays. Aside the from this, there is also an
established autonomous region in Mindanao which is now called as the Bangsamoro
Autonomous Region in Muslim Mindanao (BARMM). These local government units were
given more powers, authority, responsibilities and resources by the national
government thru a system of decentralization (sec. 2, LGC).
The provincial government is headed by the provincial
governor. The legislative body is the Provincial Board which is composed by the
vice-governor and the regular members of the Sangguniang Panlalawigan,
The city is headed by the city mayor (section 445,
LGC). The Sangguniang Panlungsod, the legislative body of the city is composed
of the city vice-mayor as presiding officer, the regular sanggunian members,
the president of the city chapter of the liga ng mga Barangay, the president of
the panlungsod na pederasyon ng mga Sangguniang Kabataan, and the sectoral
representatives, as members (section 457, LGC).
The municipality is headed by the municipal mayor
(section 444, LGC). The local legislative body is composed of the municipal
vice-mayor as the presiding officer, the regular sanggunian members, the
president of the municipal chapter of the liga ng mga Barangay, the president
of the pambayang pederasyon ng mga Sangguniang Kabataan, and the sectoral
representatives, as members (section 446, LGC).
The barangay is headed by the punong barangay (section 398, LGC). The Sangguniang Barangay is composed of the punong barangay, seven (7) barangay kagawad, SK Chairperson, barangay treasurer and barangay secretary, as members (section 387, LGC).
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The President of the Philippines exercises overall supervision
of the local government unit (sec. 25 (a), LGC). The provincial governor has
supervisory function over the municipal mayors (sec. 29, LGC) who in turn have
supervisory function over the barangays within one’s jurisdiction (sec. 32,
LGC). Component cities are under the supervision of the province (section 452
(b), LGC). Independent component cities and highly urbanized cities are
independent from the province (section 451, LGC). The LGUs, thru an ordinance
may group as well to achieve a cooperative undertaking (section 33, LGC).
Local Leagues
There are leagues established in every level of local government
authority. At the barangays level, there is the Liga ng mga Barangay (section
491, LGC) and SK Federation (sec. 436, LGC) in the municipal up to the
provincial level. There is also the league of councilors/legislators, league of
municipalities/cities/provinces (sections 496-504, LGC) These leagues have
their umbrella called Union of Local Authorities of the Philippines (ULAP) (Executive Order 351, series of
2004.)
B. Private Sector and the
Civil Society Organizations and People’s Participation
The Local Government Code and other laws guarantee the important
role of the private sector (sec.3 (l) LGC) and the civil society organizations
which were then called as people’s organization and non-government organization
(sections 34-36, LGC). In fact, it is a mandate for every local government unit
to have representatives in their respective local special bodies like the
city/municipal/barangay development council (sec. 106-107, LGC), the local
health board(sec. 102, LGC), local school board (sec. 98, LGC), peace and order
council (sec. 166, LGC), bids and awards committee (sec. 37, LGC), solid waste
management committee (RA9003), disaster risk-reduction and management council
(RA10121), among others.
The Local Government Code also guarantees the system of recall
whereby registered voters may “recall” a local official (sec. 70, LGC), and
propose, enact or amend an ordinance thru a system of local initiative and
referendum (sections 120-127, LGC).
At the barangay level, the LGC guarantees people’s participation
in decision-making thru the conduct of barangay assembly which shall meet twice
a year (sec. 397 (a)), LGC).
MAJOR ISSUE FACING LOCAL
GOVERNANCE STRUCTURE
Proposed Shift to Federalism
In so far as the structure of local governance is concerned, the
biggest issue that the country now face is the proposed shift from unitary
system to a federal system. This shift to federal form of government means
adding another layer of government which is the regional or federated states
and giving extensive powers to it.
According to Abueva, “a federal system, such more than a unitary
system, will respond to the long-felt demands of local political leaders and
businessmen for their release from the costly time-consuming, stifling, and
demoralizing effects of excessive centralization and controls by the national
government in the unitary system. The highly decentralized structures and
process of the federation will challenge, empower and energize the people and
their state and local governments; encourage creativity, initiative, and
innovation, enhance the accountability of government leaders and employees,
spur inter-state competition, and foster state and local self-reliance.”
As of now, this proposal has been stalled as lawmakers are
divided into a number of issues like the number of regions or federal states to
established and as to the manner of forging this constitutional amendment or
revision which is either thru the Congress as a constituent assembly or thru a
Constitutional Convention. The public also seems to have misgivings about this
proposal due to lack of information and understanding regarding this issue.
References:
Abueva, Jose V. Towards a Federal Republic of the Philippines http://tacdrup.tripod.com/tacdrup/towards.pdf
A Users’ Guide to Measuring Local Governance. UNDP. accessed at http://www.undp.org/content/dam/aplaws/publication/en/publications/democratic-governance/dg publications-for-website/a-users-guide-to-measuring-local-governance-/LG%20Guide.pdf
Brillantes Jr., Alex. and Sonco, II Jose Tiu. “Decentralization
and Local Governance in the Philippines, Public Administration in Southeast
Asia”, edited by Evan M. Berman, CRC Press, 2011
Executive Order 351, series of 2004
Local Government Code of 1991
1987 Philippine Constitution
