- Philippines Local Government System and the concepts of Local Autonomy, Decentralization, Devolution, and Deconcentration

o Definition of terms:
 Local autonomy –in the Philippines, it means that public administrative powers over local affairs are delegated
to political subdivisions. It refers to decentralization of administrative powers or functions.
 But in general, LIMBONA VS MANGELIN said that autonomy is either decentralization of
administration or decentralization of power. The second is abdication by the national government of
political power in favor of the local government (essence in a federal set-up); the first consists merely
in the delegation of administrative powers to broaden the base of governmental power (essence in a
unitary set-up). Against the first, there can be no valid constitutional challenge.
 Local autonomy is the degree of self-determination exercised by lgus vis-à-vis the central
government. The system of achieving local autonomy is known as decentralization and this system
is realized through the process called devolution.
 Decentralization – is a system whereby lgus shall be given more powers, authority and responsibilities and
resources and a direction by which this is done is from the national government to the local government
 Devolution – refers to the act by which the national government confers power and authority upon the various
local government units to perform specific functions and responsibilities.
 This includes the transfer to local government units of the records, equipment, and other assets and
personnel of national agencies and offices corresponding to the devolved powers, functions, and
responsibilities.
 Distinguish devolution from deconcentration:
 Deconcentration is different. If devolution involves the transfer of resources, powers from national
government to lgus, deconcentration is from national office to a local office.
 Deconcentration is the transfer of authority and power to the appropriate regional offices or field
offices of national agencies or offices whose major functions are not devolved to local government
units.

Kung i-devolve sa lgus, that’s devolution. Kung i-devolve sa local offices or field offices, dili lgu, that’s deconcentration.

LOCAL GOVERNMENT LAW

PART I – GENERAL PRINCIPLES

PART II – THE LOCAL GOVERNMENT CODE OF 1991

- 1. Constitutional Mandate
o Sec. 3 Art. 10 consti – The Congress shall enact a local government code which shall provide for a more responsive and
accountable local government structure instituted through a 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 for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of
local officials, and all other matters relating to the organization and operation of the local units.
- 2. Sources of the LGC of 1991 (Codified laws)
- 3. Scope of Application
o Section 4. Scope of Application. - This Code shall apply to all provinces, cities, municipalities, barangays, and other political
subdivisions as may be created by law, and, to the extent herein provided, to officials, offices, or agencies of the national
government.
o Section 526. Application of this Code to Local Government Units in the Autonomous Regions. - This Code shall apply to all
provinces, cities, municipalities and barangays in the autonomous regions until such time as the regional government
concerned shall have enacted its own local government code.
o Section 529. Tax Ordinances or Revenue Measures. - All existing tax ordinances or revenue measures of local government
units shall continue to be in force and effect after the effectivity of this Code unless amended by the sanggunian concerned,
or inconsistent with, or in violation of, the provisions of this Code.
o Section 534. Repealing Clause. –
 (f) All general and special laws, acts, city charters, decrees, executive orders, proclamations and administrative
regulations, or part or parts thereof which are inconsistent with any of the provisions of this Code are hereby
repealed or modified accordingly.
 LAGUNA LAKE DEVELOPMENT AUTHORITY VS CA – The provisions of the LGC do not necessarily repeal the laws
creating the LLDA and granting the latter water rights authority over Laguna de Bay and the lake region.
 In this petition for certiorari, prohibition and injunction, the Authority contends: The Honorable CA
committed serious error when it ruled that the power to issue fishpen permits in Laguna de Bay has
been devolved to concerned (lakeshore) lgus.
  Which agency of the Government — the Laguna Lake Development Authority or the towns and
municipalities comprising the region — should exercise jurisdiction over the Laguna Lake and its
environs insofar as the issuance of permits for fishery privileges is concerned?
 We hold that the provisions of Republic Act No. 7160 do not necessarily repeal the aforementioned
laws creating the Laguna Lake Development Authority and granting the latter water rights authority
over Laguna de Bay and the lake region.
 The Local Government Code of 1991 does not contain any express provision which categorically
expressly repeal the charter of the Authority. It has to be conceded that there was no intent on the
part of the legislature to repeal Republic Act No. 4850 and its amendments. The repeal of laws should
be made clear and expressed.
 Considering the reasons behind the establishment of the Authority, which are environmental
protection, navigational safety, and sustainable development, there is every indication that the
legislative intent is for the Authority to proceed with its mission.
 It has to be conceded that the charter of the Laguna Lake Development Authority constitutes a special
law. Republic Act No. 7160, the Local Government Code of 1991, is a general law. It is basic in
statutory construction that the enactment of a later legislation which is a general law cannot be
construed to have repealed a special law. It is a well-settled rule in this jurisdiction that "a special
statute, provided for a particular case or class of cases, is not repealed by a subsequent statute,
general in its terms, provisions and application, unless the intent to repeal or alter is manifest,
although the terms of the general law are broad enough to include the cases embraced in the special
law."
 Where there is a conflict between a general law and a special statute, the special statute should
prevail since it evinces the legislative intent more clearly than the general statute. The special law is
to be taken as an exception to the general law in the absence of special circumstances forcing a
contrary conclusion. This is because implied repeals are not favored and as much as possible, effect
must be given to all enactments of the legislature. A special law cannot be repealed, amended or
altered by a subsequent general law by mere implication.
 Thus, it has to be concluded that the charter of the Authority should prevail over the Local
Government Code of 1991.
 The power of the local government units to issue fishing privileges was clearly granted for revenue
purposes.
 On the other hand, the power of the Authority to grant permits for fishpens, fishcages and other
aqua-culture structures is for the purpose of effectively regulating and monitoring activities in the
Laguna de Bay region (Section 2, Executive Order No. 927) and for lake quality control and
management. It does partake of the nature of police power which is the most pervasive, the least
limitable and the most demanding of all State powers including the power of taxation. Accordingly,
the charter of the Authority which embodies a valid exercise of police power should prevail over the
Local Government Code of 1991 on matters affecting Laguna de Bay.
 Removal from the Authority of the aforesaid licensing authority will render nugatory its avowed
purpose of protecting and developing the Laguna Lake Region. Otherwise stated, the abrogation of
this power would render useless its reason for being and will in effect denigrate, if not abolish, the
Laguna Lake Development Authority. This, the Local Government Code of 1991 had never intended
to do.
- 4. Rules of Interpretation
o Section 5. Rules of Interpretation. - In the interpretation of the provisions of this Code, the following rules shall apply:
 (a) Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in case of
doubt, any question thereon shall be resolved in favor of devolution of powers and of the lower local government
unit. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the local
government unit concerned;
 (b) In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the local
government unit enacting it, and liberally in favor of the taxpayer. Any tax exemption, incentive or relief granted
by any local government unit pursuant to the provisions of this Code shall be construed strictly against the person
claiming it.
 (c) The general welfare provisions in this Code shall be liberally interpreted to give more powers to local
government units in accelerating economic development and upgrading the quality of life for the people in the
community;
 (d) Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or any other
source of presentation involving a local government unit shall be governed by the original terms and conditions
of said contracts or the law in force at the time such rights were vested; and
 (e) In the resolution of controversies arising under this Code where no legal provision or jurisprudence applies,
resort may be had to the customs and traditions in the place where the controversies take place.
 Objective: To grant genuine local autonomy
- 5. Effectivity
o Section 536. Effectivity Clause. - This Code shall take effect on January first, nineteen hundred ninety-two, unless otherwise
provided herein, after its complete publication in at least one (1) newspaper of general circulation.