Local Government Administration

Republic Act no. 7160 (The Local Government Code of 1991, Author: Senator Aquilino Pimentel
A local government unit is a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs.

Chapter 1, Section 2. Declaration of Policy RA 7160

a. It is hereby declared the policy of the state that the territorial and political subdivisions of the state shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Towards this end, the state shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities and resources. The process of decentralization shall proceed from the national government to the local government units.

Chapter 1, Section 2. Declaration of Policy RA 7160

b. It is also the policy of the state to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum. c. It is likewise the policy of the state to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non-governmental and peoples organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.

Definitions
Autonomy- (orig. Greek to live under ones own laws) the power of local government units to enjoy limited selfgovernment as defined by law. Decentralization- power shift or transfer of responsibility for planning, management, and resources raising and allocation from the central government and its agencies to the lower levels of government.
Restructuring of authority so that there is a system of coresponsibility between institutions of government at the central, regional and local levels according to the principle of subsidiarity, thus increasing the overall quality and effectiveness of the system of governance while increasing the authority and capabilities of sub-national levels. Subsidiarity- no higher-level public agency should attempt to do what a lower-level agency can do better.

3 Major Types of Administrative Decentralization

1. Devolution- full transfer of responsibility, decision-making, resources and revenue generation to a local level public authority that is autonomous and fully independent of the devolving authority. Deconcentration- the transfer of authority and responsibility from one level of the central level government to another while maintaining the same hierarchical level of accountability from the local units to the central government department or agency which has been decentralized. This is the first step to full decentralization. Delegation- redistributing authority and responsibility to local units of government through agencies that not always necessarily branches of local offices of the delegating authority. Accountability is still largely vertical to the central delegating unit.

2.

3.

Fiscal Decentralization- refers to the resource allocation to sub-national levels of government. Leads to capacity building expenditure revenue assignment as well as design of fiscal transfer formula and sub-national borrowings. Political Decentralization- requires a constitutional, legal, regulatory framework to ensure accountability and transparency.

Public Administration- all the activities involved in carrying out of the policies of elected officials and some activities associated with the development of those policies. Essence of Administration- people relating to people.

3 dynamic forces at work in an organized society

1. Partisan Politics- which party wins the office. 2. Policy Politics- deals with which policy to adapt. 3. System Politics- examines how administrative systems (decision structures) are set up.
Citizens elect political partisans to public office, partisans establish regulatory, distributive and redistributive and constituent policies, administrative systems implement the policies.

4 General Kinds of Powers of LGUs as embodied in the Local Government Code of 1991

a. those that are expressly granted to them. b. those that are implied from those that are granted to them. c. those that are necessary, appropriate, or incidental for their efficient and effective governance, and d. those that are essential to the promotion of the general welfare of their inhabitants.

General Powers and Attributes of Local Government Units

Chapter 2, Section 6. Authority to create local government units.
A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered. Either by law enacted by congress in the case of a province, city, municipality, or any other political subdivision or by ordinance passed by the sangguniang panlalawigan or sangguniang panlungsod concerned in the case of a barangay located within its territorial jurisdiction, subject to such limitations and requirements prescribed in this code.

3 Requirements for the Creation of LGUs

1. Income- for cities and provinces, at least 20 million for the last 2 years. Municipalities 2,500,000 for the last 2 years. Barangay financial viability is the obligation of the LGU creating it. Population- province: 250,000 inhabitants as certified by NSO; Cities: 150,000 inhabitants as certified by NSO; Barangay: at least 2,000 inhabitants except in Cities and Municipalities within Metro Manila and other highly urbanized cities where the population requirements is at least 5,000 as certified by NSO. Land Area- the land area must be contiguous except when the local government being created comprises 2 or more islands and when it is separated by local government unit independent of the others.

2.

3.

Specific Land Area Requirements

Province: at least 2,000 sq km. Cities: at least 100 sq km. Municipalities: at least 50 sq km. * all certified by the land management bureau

2 Fold Power of LGUs

1. Governmental or Political or Constituentthose exercised in administering the powers of the state and promoting the public welfare which includes executive, legislative and judicial powers. 2. Proprietary or Ministerial- powers that are exercised for the special benefit and advantage of the community and include those which are ministerial, private and corporate.

Elective Officials