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4 - Local Government Units

The document outlines the structure and functions of Local Government Units (LGUs) in the Philippines, detailing the hierarchy from barangays to provinces. It discusses the criteria for the creation, merger, and division of LGUs, as well as the powers devolved to each level of government. Additionally, it addresses boundary disputes, the establishment of autonomous regions, and the role of regional development councils.

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0% found this document useful (0 votes)
9 views

4 - Local Government Units

The document outlines the structure and functions of Local Government Units (LGUs) in the Philippines, detailing the hierarchy from barangays to provinces. It discusses the criteria for the creation, merger, and division of LGUs, as well as the powers devolved to each level of government. Additionally, it addresses boundary disputes, the establishment of autonomous regions, and the role of regional development councils.

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floramayjulioooo
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© © All Rights Reserved
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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:

1. Intermediate units (Provinces). Larger areas which supervise units.


2. Basic units (Cities and Municipalities). Group of people living together in communities
for whom services are performed.
3. Lower units (Barangays). Smaller groups of people.

Local Government Units in the Philippines


1. Provinces – comprised a group of municipalities and component cities. The role of
provinces is to coordinates national development process through effective integration
of programs and projects.
2. Municipalities – Consists of barangays and serves the general purpose government for
coordination and delivery of basic, regular, and direct services within its jurisdiction.
3. Cities – A city is similar to a municipality, but is more urbanized and better developed.
4. Barangays – is the basic political unit of the government. It serves as the primary
planning and implementing unit of government programs, projects and activities.

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.

Tabulation of Specific Requirements


(Criteria is based on Art. X, Sec. 11-13, & various provisions Book 3 of RA 7160) – with the
enactment of the legislative
LGU Land Area Population Income
(certified by the Land (certified by the (certified by the
Management Bureau) National Statistics Department of
Office, now Philippines Finance)
Statistics Authority)
Province* 2000 km2 250,000 P20 Million
Highly Urbanized City 100km2 200,000 P500 Million
Component City* 100km2 150,000 P100 Million
Municipality 50 km2 25,000 P2.5 Million
Barangay None** 2,000 None**
* meeting the requirement of either land area or population is enough
** RA 9009 repeals the land area and annual income requirement for Barangays.

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.

Merger, Division, and Abolition

- 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).

Special Metropolitan Political Subdivision

- Congress may, by law, create Special Metropolitan Political Subdivisions, subject to a


plebiscite as set forth in Section 10, Article X of the 1987 Constitution. The Special
Metropolitan Political Subdivisions have the following features:
o The component cities and municipalities shall retain their basic autonomy and
shall be entitled to their own local executives and legislative assemblies.
o The jurisdiction of the metropolitan authority that will be created shall be limited to
basic services requiring coordination.
o They are not legally considered separate local government units; thus it cannot
exercise local political powers. Though the creation of a metropolitan authority still
requires plebiscite.
 Metropolitan Manila Development Authority (MMDA) vs. Bel-Air (2014)
provides that MMDA is not even a special metropolitan political subdivision
because there was no plebiscite when it was created.

Regional Development Council

- 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.

Power of Local Government Units (Summary and sample)


Local Degree of Devolution Summarized Devolved Powers*
Government
Unit
Barangay Given the least powers among - Agricultural support services
the LGU. Supervised by the - Health services (maintenance of health and day care
municipalities/ cities centers)
- Sanitation and hygiene
- Maintenance of Katarungan Pambarangay
- Maintenance of barangay roads and bridges
- Setting up of information and reading center
- Maintenance of public market satellites
Municipalities Now have greater powers but - Agricultural and aquaculture support
still subordinate to the - Health services connected to primary health care and
provinces. Municipalities has to access to secondary and tertiary health care
submit its ordinances for - Social welfare including pro-poor projects, nutrition, and
approval to the Sangguniang family planning
Panlalawigan - Other services including information on investment needs
and job placements
Province Now has substantial powers - Agricultural and aquaculture support including
and exercises supervision over organization of cooperatives
municipalities and component - Industrial development services
cities - Health services including hospitals and tertiary health
care
- Investment support services
- Tax information and collection services
- Inter-municipal telecom services
City Have the most powers among All previously mentioned powers plus:
LGUs. May exercise powers - Provision of communication and transportation facilities
and functions vested in the - Support for education, police, and fire services
barangay and municipalities
*basically determined by major department devolved: DA. DENR, DOR, DPWH, DSWD, DOT, DILG

References:

 1987 Philippine Constitution


 De Leon, H. (2014) Textbook on the Philippine Constitution. Manila: Rex Book Store.
 Largo, D. B. (2020). The Essentials of Local Government Law in the Philippines. Manila: REX
Bookstore Inc.
 Primer on Local Government Units
 Republic Act No. 7160, The Local Government Code of 1991
 Rodriguez, R. (2003) - Local Government Code of 1991 Annotated. Manila: REX Bookstore Inc.
 Tapales, P. D. (1995). Devolution and Empowerment: The Local Government Code of 1991
and Local Autonomy in the Philippines. In Proserpina D. Tapales, Nestor N. Pilar and Leonora
D. Romblon (eds.). Public Administration by the Year 2000: Looking Back into the Future.
(pp.395-408). Quezon City: University of the Philippines College of Public Administration.

Prepared by:

Kurt Zeus L. Dizon


Faculty-in-charge

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