4 - Local Government Units
4 - Local Government Units
Local governments are made up of layers of authority. Hierarchy of authority varies according
to factors such as geographical, population, number of basic units or degree of centralization.
Usually the layers can be comprised by the following units:
Creation, Merger, Division, and Conversion of Local Government (Art. X, Sec. 9; RA 7160, Section
6)
Congress creates, merges, divides, and converts Province, City, and Municipality, which
is subject for approval by plebiscite.
City Council or Provincial Assemblies creates, merges, divides, and converts Barangay.
Types of Cities
1. Charter City – governed by a special law known as charter.
2. Component City – is part of the province in which it is geographically located and is under its
administrative supervision.
a. Independent Component Cities – component cities whose charter prohibits their voters
from voting and being voted for provincial elective office, and shall be independent
of the province (Section 451, RA 7160).
3. Highly Urbanized City – independent from the province in which it is geographically located.
- Division and merger of existing LGUs shall comply with the same requirements herein
prescribed for their creation (Section 8, RA 7160).
o Conditions
Division shall not reduce the income, population, and land area of the
LGU/s concerned to less than the minimum requirements.
Income that the income classification of the original LGU/s shall not fall
below its current classification prior to such division,
The income classification of the LGUs shall be updated within six months
from the effectivity of RA 7160 to reflect the changes in their financial
position resulting from the increased revenues as provided herein.
- Abolition of an existing LGU may concur when its income, population, or land area has
been irreversibly reduced to less than the minimum standard prescribe by RA 7160, as
certified by the national agencies involved (Section 9, RA 7160).
Boundary Disputes
- Boundaries should not be limited to mere physical one, referring to the metes and
bounds of the LGU, but also its political boundaries.
- It connotes the demarcation line between political subdivisions, where the LGU’s
exercise of corporate power ends and that the other begins.
- It is mandated that boundary disputes between and among LGUs shall, as much
possible, be settled amicably. The following rules govern the amicable settlement of
boundary disputes (Section 118, RA 7160):
a. Boundary disputes involving two (2) or more barangays in the same city or
municipality shall be referred for settlement to the sangguniang panlungsod or
sangguniang bayan concerned.
b. Boundary disputes involving two (2) or more municipalities within the same
province shall be referred for settlement to the sangguniang panlalawigan
concerned.
c. Boundary disputes involving municipalities or component cities of different
provinces shall be jointly referred for settlement to the sanggunians of the
provinces concerned.
d. Boundary disputes involving a component city or municipality on the one hand
and a highly urbanized city on the other, or two (2) or more highly urbanized cities,
shall be jointly referred for settlement to the respective sanggunians of the parties.
e. In the event the sanggunian fails to effect an amicable settlement within sixty (60)
days from the date the dispute was referred thereto, it shall issue a certification to
that effect. Thereafter, the dispute shall be formally tried by the sanggunian
concerned which shall decide the issue within sixty (60) days from the date of the
certification referred to above.
- Within the time and manner prescribed by the Rules of Court, any party may elevate the
decision of the sanggunian concerned to the proper Regional Trial Court having
jurisdiction over the area in dispute. The Regional Trial Court shall decide the appeal
within one (1) year from the filing thereof. Pending final resolution of the disputed area
prior to the dispute shall be maintained and continued for all legal purposes (Section 119,
RA 7160).
- The President shall provide for regional development councils and 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 economic and social growth and development of the
units in the regions (Section 14, Article X).
- Regional Development Councils are established by the President without the
authorization from Congress.
Autonomous Regions
- Sections 1, and 15 to 20, Article X of the 1987 Constitution allows for two autonomous
regions through an organic act: for Cordilleras and Muslim Mindanao.
- An autonomous region of the Philippines is a first-level administrative division and it has
the authority to control the region's culture and economy.
- It is a minority entity that has a higher population of a particular minority ethnic group. It is
included in the Constitution due to the distinctive historical and cultural heritage,
economic and social structures and other relevant characteristics.
- It is expected to speed up the economic developments of the regions.
- Within its territorial jurisdiction and subject to the provisions of the Constitution and
national laws, the organic act of autonomous regions shall provide for legislative powers
over (Section 20, Article X):
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.
References:
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