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ASICCRM J
URISDICTIONALP
ROCESSB
EFOREANDA
FTERTHELGC
NGAsDA Provincial Government NGOs Research Institutions State Colleges & Universities CRM Program CRM PlansLGU LGU LGU LGU
CRM IMPLEMENTATION
SCUs NGAs
PNP/PCG NGOs
CRM Program
LGU LGU LGU LGU
Nature and Extent of Jurisdictional Problems
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specifically in two important aspects: political autonomy and decentralization, and resource generation and mobilization.
In accordance with the 1987 Constitution (Article II, section 25; Article X, Sections 1, 2, and 15), LGUs now enjoy a greater measure of autonomy and self-governance. Congress’s intent was for LGUs to possess “genuine and meaningful local autonomy” to accelerate their “fullest development as self-reliant communities and make them more effective partners in the attainment of national goals.” (Article X, section 1, 1987 Constitution).
Autonomy refers to the power of LGUs to enjoy limited self-government as defined by law (Pimentel, The LGC
of 1991, p. 14). The Constitution declares that local autonomy means “a more responsive and accountable local
government structure instituted through a system of decentralization.” Autonomy, however, is not meant to end the partnership and interdependence between the central government and LGUs; otherwise, it might usher in a regime of federalism which is not the intention of the Constitution. LGUs are subject to regulation, however limited, to enhance self-government.
Autonomy implies decentralization of administration or power. There is decentralization of administration when the central government delegates administrative powers to political subdivisions to broaden the base of government power. This makes LGUs: 1) more responsive and accountable and 2) more effective partners in the pursuit of national
development and social progress (Limbona v. Mangelin, 70SCRA 786). Decentralization of power, on the other hand, involves an abdication of political power in favor of LGUs declared to be autonomous (Limbona v. Mangelin, supra). In this kind of decentralization, the autonomous government is free to chart its own destiny and shape its future with minimum intervention from central authority.
The extent and character of political decentralization is a debatable subject. Some sectors
perceive a “managed” decentralization or a mere decentralization of administration and not of power owing to the fact that LGUs, specifically the provinces, highly urbanized cities and independent component cities are supervised by the President (LGC, Sec. 25). The LGC, furthermore, provides for a recall process for abusive officials even in the midst of their terms (Article X, section 3, 1987 Constitution). In Hebron v. Reyes (104 Phil. 175), the Supreme Court stated that “when the procedure for the suspension of an officer is specified by law, the same must be deemed mandatory and adhered to strictly in the absence of express or clear provision to the contrary”. In another case, the Court ruled that the removal and suspension of public officers are always controlled by the
S
PECIFICPROVISIONS OND
ECENTRALIZATIONAND
A
UTONOMYSection 3(i)
“local government units shall share with the National government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction subject to the provisions of this code and national policies”
Section 3(f)
“local government units may group themselves, consolidate or coordinate their efforts, services and resources for purposes commonly beneficial to them”
Section 27
“prior consultations required — no project of program shall be implemented by government authorities unless the consultations mentioned in Sections 2(c ) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, that occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution”
Section 26
“duty of national government agencies in the maintenance of ecological balance — it shall be the duty of every national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of cropland, rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, non-governmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof”
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Nature and Extent of Jurisdictional Problems
particular law applicable and its proper construction subject to constitutional limitations (Lacson v. Roque, 92 Phil. 456).
Yet, it may also be argued that the actual decentralization of powers is proven by the enumeration of functions devolved to LGUs at various levels, including that of legislation, which is unarguably, far from being merely administrative. Furthermore, the accountability of public officers to one central government does not derogate from the distribution of powers. The DILG views decentralization as the transfer of power and authority from central to lower levels of a government system and takes any of three forms: deconcentration, devolution, and debureacratization. Deconcentration is the transfer of power, authority or responsibility to plan, decide, and manage from the central to the local government. Deconcentration serves the purpose of devolution.
Devolution refers to the act of the National Government to transfer political and territorial powers to local government units, they being territorial and
political subdivisions of the State. It includes the transfer of responsibility in the delivery of basic services, regulatory functions, expansion of financial base, and mandatory absorption of national agencies personnel.
Debureacratization or privatization is the process of transferring some public functions and responsibilities to voluntary, private, or non-government
organizations.
Genuine autonomy and self-reliance are possible only if LGUs are authorized to manage their resources and generate their own wealth. The LGC authorizes the LGUs to levy taxes, fees, and charges on real property, business, trade, natural resources such as sand, gravel, and other quarry resources. The LGUs can also levy professional,
amusement, community, and franchise taxes, and collect fishery rentals,
fees and charges as provided for under sections 135 to 142, 145 to 149 of the LGC.
Furthermore, the LGUs may impose reasonable fees and charges for services rendered and fix the rates for the operation of public utility owned, operated, and maintained by them within their jurisdiction and, likewise, fix the rates for the imposition of toll fees and charges for the use of any public road, pier, waterway, bridge,
Section 36
“assistance to people’s and non-governmental organizations — a local government unit may, through its local chief executive and with the concurrence of the sannggunian concerned, provide assistance, financial or otherwise, to such people’s and non-governmental organizations for economic, socially-oriented, environmental, or cultural projects to be implemented within its territorial jurisdiction”
Sections 33
“cooperative undertakings among local government units — local government units may, through appropriate ordinances, group them- selves, consolidate, or coordinate their efforts, services, and resources for purposes commonly beneficial to them. In support of such undertak- ings, the local government units involved may, upon approval by the sanggunian concerned after a public hearing conducted for the purpose, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating local units through Memoranda of Agreement”
Section 35
“linkages with people’s and non-governmental organizations — local government units may enter into joint ventures and such other coopera- tive arrangements with people’s and non-governmental organizations to engage in the delivery of certain basic services, capability-building and livelihood projects, and to develop local enterprises designed to improve productivity and income, diversify agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well- being of the people”
Sections 34
“role of people’s and non-governmental organizations — local govern- ment units shall promote the establishment and operation of people’s and non-governmental organizations to become active partners in the pursuit of local autonomy.”