ARTICLE X: LOCAL GOVERNMENT

2)

This does not mean that the LGUs are

completely free from the central government.

Section 1. The territorial and political

1. Judiciary may still pass on LGU actions

subdivisions of the Republic of the

2. President may exercise disciplinary

power over LGU officials.

Philippines are the provinces, cities,

municipalities, and barangays. There shall
be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter
provided.

Sec. 3. The Congress shall enact a local

government code which shall provide for a
more responsive and accountable local
government structure instituted through a

TERRITORIAL/POLITICAL SUBDIVISIONS
OF THE REPUBLIC OF THE PHILIPPINES
ARE THE:
Composition:

system of decentralization with effective

mechanisms of recall, initiative, and
referendum, allocate among the different
local government units their powers,
responsibilities, and resources, and provide

1)

Provinces

2)

Cities;

and removal, term, salaries, powers and

3)

Municipalities; and

functions and duties of local officials, and

4)

Barangays

for the qualifications, election, appointment

all other matters relating to the organization

and operation of the local units.

There shall be Autonomous regions in:

1)

Muslim Mindanao, and

2)

Cordileras [At present, it is only the

Cordilera ADMINISTRATIVE region]

Note:

1) A third autonomous regions would

Section 4. PRESIDENTIAL SUPERVISION

OF LGUS
The President of the Philippines shall
exercise general supervision over local

require a constiutional amendment.

governments. Provinces with respect to

2) These political subdivisions, created by the

component cities an municipalities, and

Constitution cannot be replaced by

cities and municipalities with respect to

AMENDMENT, and not by law.

component barangays shall ensure that the

3) While Congress can abolish or eradicate

individual units, it cannot abolish an entire
class of LGUs

acts of their component units are within the

scope of their prescribed powers and
functions.

Section 2. Local Autonomy

Supervision of President

The territorial and political subdivisions

1)

shall enjoy local autonomy.

supervision over all LGUs

1)

2)

All political subdivisions shall enjoy local

autonomy

The President exercises general

The President exercises DIRECT

supervision over
1. Provinces

2. Autonomous regions and

3. Independent cities.
3)

This power is limited to ensuring that

lower officers exercise their functions in

accordance with law.
4)

The president cannot substitute his

judgment for that of an LGU official unless the

Accrual of taxes, fees, charges

The taxes, fees and charges shall accrue
exclusively to the local governments.
Section 6. Each Local Government Unit
SHALL HAVE A JUST SHARE IN NATIONAL
TAXES, AS DETERMINED BY LAW, WHICH
SHALL BE AUTOMATICALLY RELEASED
TO THEM

latter is acting contrary to law.

5)

The President may, however, impose

administrative sanctions against LGU officials,

such as suspension for 120 days, and may

Internal Revenue Allotment (IRA)

1)

Share of LGUs in national taxes is limited

to the internal revenue taxes.

even remove them from their posts, in

accordance with law.

2)

The share of each LGU should be

released, without need of any further action,

6)

Provinces exercise direct supervision

over component cities and municipalities.

7)

Cities and municipalities exercise direct

directly to the provincial, city, municipal or

barangay treasurer. Release is made on a
quarterly basis within 5 days after the end of

supervision over component barangays.

each quarter.

Section 5. EACH LOCAL GOVERNMENT

3)

SHALL HAVE THE POWER TO CREATE

subject to any lien or holdback that may be

OWN SOURCES OF REVENUE/LEVY

imposed by the national government for

TAXES, FEES AND CHARGES ETC.

whatever purpose.

Each local government unit shall have the

4)

power to create its own sources of

annual budget at least 20% of its annual IRA

revenues and to levy taxes, fees and

for development projects.

charges subject to such guidelines and

5)

The share of each LGU should not be

Each LGU should appropriate in its

Adjustments in IRA

limitations as the Congress may provide,

consistent with the basic policy of local

1. Ground: Unmanageable public section

autonomy. Such taxes, fees, and charges

deficit

shall accrue exclusively to the local

2. President can make the necessary

governments.

adjustments in the IRA upon the

recommendation of the following:

Limitations on Power
1)

1. Department of Finance Secretary

It is subject to such guidelines and

2. DILG Secretary

limitations as Congress may provide. See

3. DBM Secretary

Local Government Code for examples.

2)

The guidelines set by Congress should

6)

IRA considered for purposes of

be consistent with the basic policy of local

conversion from one political subdivision to the

autonomy.

next. (Alvarez v. Guingona)

Section 7. SHARE OF LGUS IN NATIONAL

WEALTH

Term of Office
Elective local officials, now including barangay

Local governments shall be entitled to an

equitable share in the proceeds of the
utilization and development of the national
wealth within their respective areas, in the
manner provided by law, including sharing
the same with the inhabitants by way of
direct benefits.
Share of LGUs in national wealth
1)

LGUs are entitled to an equitable share

in the proceeds of the utilization and

development of the national wealth within their
respective areas in the manner provided by
law.
2)

This includes share the same with the

inhabitants by way of direct benefits.

Under the LGC
1)

LGUs have a share of 40% of the gross

officials have a term of 3 years.

Limitations:
1)

No elective official shall serve for more

than 3 consecutive terms

2)

Voluntary renunciation of office for any

length of time shall not be considered as an

interruption in the continuity of his service for
the full term for which he was elected.
Sec. 9. SECTORAL REPRESENTATION IN
LGUS
Legislative bodies of the local governments
shall have Sectoral Representation (under
the LGC) as may be provided by law
There should be representatives from:
1)

The womens sector

2)

The workers

1. Mining taxes

3)

Third sector (can choose from any of the

2. Royalties

following)

3. Forestry and fishery charges

A)

Urban poor

B)

Indigenous cultural communities

or production sharing agreement in the

C)

Disabled persons

utilization and development of the

D)

Any other sector as may be determined by

national wealth w/in their territorial

the sanggunian Election of Sector

jurisdiction

Representatives

collection derived by the national government

from the preceding fiscal year from

4. Other taxes, fees and charges

5. Share in any co-production, joint venture

Sec. 8. TERM OF OFFICE

The term of office of elective local officials,
except barangay officials, which shall be
determined by law, shall be three years and
no such official serve for more than three
consecutive terms. Voluntary renunciation
of the office for any length of time shall not
be considered as an interruption in the
continuity of his service for the full term for
which he was elected.

Sec. 10. Creation, abolition and division of

LGUs
No province, city, municipality, or barangay
may be created, divided, merged,
abolished, or its boundary substantially
altered, except in accordance with the
criteria established in the local government
code and subject to approval by a majority
of the votes cast in a plebiscite in the
political units directly affected.
1)

Requisites

1. Compliance with the requirements of the

Local Government Code; and
2. Approved by a majority of the votes cast
in a plebiscite held in the political units
DIRECTLY affected.
2)

Thus, a province is supposed to be

divided into 2 separate provinces, plebiscite

will include voters of the ENTIRE province, and

Sec. 12. CITIES

Cities that are highly urbanized, as
determined by law, and component cities
whose charters prohibit their voters from
voting for provincial elective officials, shall
be independent of the province. The voters
of component cities within a province,
whose charters contain no such
prohibition, shall not be deprived of their
right to vote for elective provincial officials.
Classification of Cities:

not just the area to comprise the new province.

3)

as population, revenue, and area

requirements.
Sec. 11. Metropolitan political subdivisions
The Congress may, by law, create special
metropolitan political subdivisions, subject
to a plebiscite as set forth in Section 10
hereof. The component cities and
municipalities shall retain their basic
autonomy and shall be entitled to their own
local executives and legislative assemblies.
The jurisdiction of the metropolitan
authority that will thereby be created shall
be limited to basic services requiring
coordination.
Creation:
1)

Congress may create special

metropolitan political subdivisions by law.

2)

1)

Highly urbanized (as determined by law)

2)

Component cities (cities still under

LGC requirements relate to matters such

It is subject to a plebiscite

Jurisdiction of Metropolitan authority

It is limited to basic services requiring
coordination.

provincial control); and

3)

Independent component cities (non-

highly urbanized cities whose voters are

prohibited by thecity charter from voting in
provincial elections)
Independence from the Province
1)

Highly urbanized cities and independent

component cities are independent of the

province.
2)

Component cities whose charter contain

no such prohibition are still under the control of

the province and its voters may still vote for
elective provincial officials.
Section 13. Coordination among LGUS
Local government units may group
themselves, consolidate or coordinate their
efforts, services, and resources for
purposes commonly beneficial to them in
accordance with law.

Basic Autonomy of Component Cities and

Municipalities

Consolidation and Coordination of Efforts,

Services and Resources:

1)

1)

The component cities and municipalities

It is optional on the part of LGUs as

retain their basic autonomy

shown by the use of the word may

2)

2)

They shall be entitled to their own local

executive and legislative assemblies.

It can be done for purposes commonly

beneficial to them in accordance with the law.

Under LGC (Section 33)

1)

Consolidation and coordination may be

done through appropriate ordinances.

2)

A public hearing should be conducted

and the approval of the sanggunian obtained.

3)

An LGU can:
1. Contribute funds, real estate, equipment
and other kinds of property
2. Appoint/assign personnel under such
terms and conditions as may be agreed
upon by the participating LGUs through
Memoranda of Agreement.

Section 14. REGIONAL DEVELOPMENT

COUNCILS
The President shall provide for regional
development councils or 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 the economic and
social growth and development of the units
in the region.

3)

To accelerate the economic and social

growth and development of the units in the

region
Section 15. AUTONOMOUS REGIONS
There shall be created autonomous regions
in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities,
municipalities, and geographical areas
sharing common and distinctive historical
and cultural heritage, economic and social
structures, and other relevant
characteristics within the framework of this
Constitution and the national sovereignty
as well as territorial integrity of the
Republic of the Philippines.
Where:
1)

Muslim Mindanao

2)

Cordillera region

Factors:
1)

Historical heritage

2)

Cultural heritage

3)

Economic and social structures,

4)

Other relevant characteristics within:

1. The framework of the consititution

Who can provide for RDC

2. National sovereignty

The President shall provide for RDC or

3. Territorial integrity.

other similar bodies composed of:

Creation:

Composition

1)

Provided by law.

1)

Local government officials

2)

EFFECTIVITY of such creation occurs

2)

Regional heads of departments and other

only when it is approved by a majority of the

government offices
3)

Representatives of NGOS within the

regions

votes cast in a plebiscite held among the

constituent units.
3)

Only those Provinces, Cities, and

Geographical Areas voting favorably in such

For Purpose of
1)

Administrative decentralization

2)

To strengthen local autonomy

plebiscite shall form part of the autonomous

region.
4)

If only 1 province approved the law, NO

AUTONOMOUS REGION created, since the

constitution requires more than one province to

majority of the votes cast by the constituent

constitute one (like what happened in the

units in a plebiscite called for the purpose,

Cordillera plebiscite)

provided that only provinces, cities, and

5)

The question of which LGUs shall

constitute an autonomous region is one which

is exclusively for Congress to decide.

geographic areas voting favorably in such

plebiscite shall be included in the
autonomous region.
Section 19. The first Congress elected

Section 16. GENERAL SUPERVISION OVER

AUTONOMOUS REGIONS

under this Constitution shall, within

eighteen months from the time of

The President shall exercise general

supervision over autonomous regions to
ensure that laws are faithfully executed.
By Whom:

organization of both Houses, pass the

organic acts for the autonomous regions in
Muslim Mindanao and the Cordilleras.

The President

Section 20. LEGISLATIVE POWERS

Purpose:

Within its territorial jurisdiction and subject

to the provisions of this Constitution and
national laws, the organic act of
autonomous regions shall provide for
legislative powers over:

To ensure that the laws are faithfully executed.

Sec. 17. All powers, functions and
responsibilities not granted by this
Constitution or by law to the autonomous
region shall be vested in the National
Government.
Examples:
1) Foreign relations,
2) National defense and Security
3) Monetary Affairs
Section 18. The Congress shall enact an
organic act for each autonomous region
with the assistance and participation of the
regional consultative commission
composed of representatives appointed by
the President from a list of nominees from
multisectoral bodies. The organic act shall
define the basic structure of government
for the region consisting of the executive
department and legislative assembly, both
of which shall be elective and
representative of the constituent political
units. The organic acts shall likewise
provide for special courts with personal,
family, and property law jurisdiction
consistent with the provisions of this
Constitution and national laws.
The creation of the autonomous region
shall be effective when approved by

(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.

The Organic Act of Autonomous Region

shall provide for legislative powers over:
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.
Limitations:
1)

Subject to the provisions of the

Constitution and national laws

2)

To be exercised within its territorial

jurisdiction
Section 21. PRESERVATION OF PEACE
AND ORDER/DEFENSE AND SECURITY
The preservation of ponstitution, treason,
bribery, graft and corruption, other high
crimes, or betrayal of public trust. All other
public officers and employees may be
removed from office as provided by law, but
not by impeachment.
Peace and Order
It shall be the responsibility of the local police
agencies.
Defense and Security
It shall be the responsibility of the national
government.