Local government in the Philippines

Officially local government in the Philippines, often called local government units or LGUs, are divided into three levels – provinces and independent cities; component cities and municipalities; and barangays. In one area, above provinces and independent cities, is an autonomous region, the Autonomous Region of Muslim Mindanao. Below barangays in some cities and municipalities are sitios and puroks. All of these, with the exception of sitios and puroks, elect their own executives and legislatures. Sitios and puroks are often led by elected barangay councilors.

Local government hierarchy in the Philippines. The dashed lines emanating from the president means that the president only exercises general supervision on local government.
Map of the Philippines showing provinces
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Provinces and independent cities are organized into national government regions but those are administrative regions and not separately governed areas with their own elected governments.

According to the Constitution of the Philippines, the local governments "shall enjoy local autonomy", and in which the Philippine president exercises "general supervision". Congress enacted the Local Government Code of the Philippines in 1991 to "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 local units."[1]

Levels of local government

Autonomous Regions

Autonomous regions have more powers than other local governments. The constitution limits the creation of autonomous regions to Muslim Mindanao and the Cordilleras but only one autonomous region exists: the Autonomous Region in Muslim Mindanao (ARMM). In 2001, a plebiscite in the ARMM confirmed the previous composition of the autonomous region and added Basilan (except for the city of Isabela) and Marawi City in Lanao del Sur. Isabela City remains a part of the province of Basilan despite rejecting inclusion in the ARMM. A Cordillera Autonomous Region has never been formed because no plebiscite has received the required support.

An autonomous region is governed by the regional governor and a legislature such as the ARMM Regional Legislative Assembly.

Provinces

Outside the lone autonomous region, the provinces are the highest-level local government. The provinces are organized into component cities and municipalities. A province is governed by the governor and a legislature known as the Sangguniang Panlalawigan.

Cities and municipalities

Municipal government in the Philippines is divided into three – independent cities, component cities, and municipalities (sometimes referred to as towns). Several cities across the country are "independent cities" which means that they are not governed by a province, even though like Iloilo City the provincial capitol might be in the city. Independent city residents do not vote for nor hold provincial offices. Far more cities are component cities and are a part of a province. Municipalities are always a part of a province except for Pateros which was separated from Rizal to form Metro Manila.

Cities and municipalities are governed by mayors and legislatures, which are called the Sangguniang Panlungsod in cities and the Sangguniang Bayan in municipalities.

Barangays

Every city and municipality in the Philippines is divided into barangays, the smallest of the Local Government Units. Barangays can be further divided into sitios and puroks but those divisions do not have leaders elected in formal elections supervised by the national government.

A barangay's executive is the Punong Barangay or barangay captain and its legislature is the Sangguniang Barangay, composed of barangay captain, the Barangay Kagawads (barangay councilors) and the SK chairman. The SK chairman also leads a separate assembly for youth, the Sangguniang Kabataan or SK.

Offices

Local governments have two branches: executive and legislative. All courts in the Philippines are under the Supreme Court of the Philippines and therefore there are no local-government controlled judicial branches. Nor do local governments have any prosecutors or public defenders, as those are under the jurisdiction of the national government.

The executive branch is composed of the regional governor for the Autonomous Region in Muslim Mindanao, governor for the provinces, mayor for the cities and municipalities, and the barangay captain for the barangays.[2]

Legislatures

The legislatures review the ordinances and resolutions enacted by the legislatures below. Aside from regular and ex-officio members, the legislatures above the barangay level also have three sectoral representatives, one each from women, agricultural or industrial workers, and other sectors.[2]

Level of governmentLegislatureComposition[2]Head
Autonomous regionRegional Legislative Assembly[lower-alpha 1] Assembly speaker
ProvinceSangguniang Panlalawigan[lower-alpha 2] Vice Governor
CitySangguniang Panlungsod[lower-alpha 8] Vice Mayor
MunicipalitySangguniang Bayan
  • varies, as of 2016:[3]
    • Pateros, Metro Manila: 12 councilors, 6 elected from each district
    • All other municipalities: 8 councilors, elected at-large
  • President of the municipal chapter of the Liga ng mga Barangay
  • President of the municipal federation of the Sangguniang Kabataan
  • Sectoral representatives
Vice Mayor
BarangaySangguniang Barangay
  • 7 members elected at-large
  • Sangguniang Kabataan chairperson
Barangay captain
Sangguniang Kabataan
  • 7 members elected at-large
Sangguniang Kabataan chairperson
  1. The boundaries of ARMM assembly districts are coterminous with the existing congressional districts, except for the 1st Assembly District of Maguindanao (which excludes Cotabato City and the Lone Assembly District of Basilan (which excludes Isabela City).
  2. Provinces that comprise a single congressional district are divided into two SP districts. For provinces comprising multiple congressional districts, boundaries of SP and congressional districts are coterminous, with the exception of the following:
    Independent cities which are not allowed by law to participate in electing provincial officials are excluded from SP districts.
    • The cities of Biñan and San Jose del Monte, despite forming their separate congressional districts, remain part of the 1st SP district of Laguna and the 4th SP district of Bulacan.
  3. Santiago City is excluded from the 4th SP district of Isabela.
  4. Dagupan is excluded from the 4th SP district of Pangasinan.
  5. Independent cities excluded from provincial elections:
    Naga from Camarines Sur—3rd
    Tacloban from Leyte—1st
    Ormoc from Leyte—4th
    Cotabato City from Maguindanao—1st
    Puerto Princesa from Palawan—3rd
    Angeles from Pampanga—1st
    General Santos from South Cotabato—1st.
  6. The manner of seat distribution varies, per Republic Act No. 7166:[4]
    • For provinces comprising multiple congressional districts and need no boundary adjustments due to independent cities being excluded: each district receives the same number of members first, then any remainder will get assigned to the districts with higher population counts.
    • For provinces comprising multiple congressional districts but have district boundary adjustments: seats are distributed according to the population size of each SP district after factoring out the independent cities.
    • For provinces comprising a single congressional district: seats are usually distributed equally between the two SP districts drawn by COMELEC, although proportional allocation exists in cases where geography and circumstance have resulted in grossly uneven SP district population distributions (e.g. Benguet's and Sarangani's SP districts).
  7. Butuan is excluded from the 1st SP district of Agusan del Norte.
  8. The number of city council members and districts varies per city, as determined by different statutes. For cities comprising multiple congressional districts, boundaries of city council districts are coterminous with congressional districts, with the exception of the Legislative district of Taguig-Pateros which encompasses the 2nd SP district of Taguig and the 1st and 2nd SB districts of Pateros. By law, some cities that are not divided into multiple congressional districts are specifically divided into two (Bacoor, Calbayog, Las Piñas, Malabon, Mandaluyong, Muntinlupa, Navotas, Pasay, Pasig, San Juan, San Jose del Monte, Valenzuela) or three (Samal, Sorsogon City) city council districts.

Elected officials

All elected officials have 3-year terms, and can only serve a maximum of three consecutive terms before being ineligible for reelection.[5]

LGUOfficialMinimum age (18 is the voting age[6])
Autonomous region Regional governor35 years old on election day[7]
Regional vice governorSame as regional governor
Regional legislative assembly member21 years old on election day[7]
Provinces Governor23 years old on election day[5]
Vice governorSame as governor
Sangguniang Panlalawigan memberSame as governor
Highly urbanized cities MayorSame as governor
Vice mayorSame as governor
Sangguniang Panlungsod member (Councilor)Same as governor
Independent component and component cities Mayor21 years old on election day
Vice mayorSame as independent component and component city mayor[5]
Sangguniang Panlungsod member (Councilor)Same as independent component and component city mayor
Municipalities MayorSame as independent component and component city mayor
Vice mayorSame as independent component and component city mayor
Sangguniang Bayan member (Councilor)Same as independent component and component city mayor
Barangay Punong Barangay18 years old on election day
Barangay kagawadSame as Punong Barangay
Sangguniang Kabataan chairperson15 to 21 years old on election day*
Sangguniang Kabataan memberSame as Sangguniang Kabataan chairperson*

*a Sangguniang Kabataan official who has surpassed 21 years of age while in office is allowed to serve for the rest of the term.[2]

Offices that are common to municipalities, cities and provinces

There are 21 offices in a government, whether it is municipal, city or provincial. There are some mandatory and optional offices to the government.

OfficeHeadMunicipalityCityProvince
Office of the Secretary to the SanggunianSecretary to the Sanggunian
Treasurer's OfficeTreasurer
Assessor's OfficeAssessor
Accounting OfficeAccountant
Budget OfficeBudget Officer
Planning and Development OfficePlanning and Development Coordinator
Engineer's OfficeEngineer
Health OfficeHealth Officer
Office of the Civil RegistryCivil RegistrarX
Office of the AdministratorAdministrator
Office of the Legal ServicesLegal Officer?
Office of Agricultural Services/Office of the AgriculturistAgriculturist??
(Office of) Social Welfare and Development OfficeSocial Welfare and Development Officer
(Office of) Environment and Natural Resources OfficeEnvironment and Natural Resources Officer???
Office of Architectural Planning and DesignArchitect???
Office of Public InformationInformation Officer???
Office for the Development of Cooperatives/Cooperatives Development OfficeCooperatives OfficerX??
Population OfficePopulation Officer???
Veterinary Office/Office of Veterinary ServicesVeterinarianX
(Office of) Public Safety OfficePublic Safety Officer???
(Office of) General Services OfficeGeneral Services OfficerX

Legend:

Mandatory

?Optional

XNot Applicable

Source: Local Government Code of 1991[8]

Responsibilities

Among the social services and facilities that local government should provide, as stipulated in Section 17 of the Local Government Code, are the following:

  • facilities and research services for agriculture and fishery activities, which include seedling nurseries, demonstration farms, and irrigation systems;
  • health services, which include access to primary health care, maternal and child care, and medicines, medical supplies and equipment;
  • social welfare services, which include programs and projects for women, children, elderly, and persons with disabilities, as well as vagrants, beggars, street children, juvenile delinquents, and victims of drug abuse;
  • information services, which include job placement information systems and a public library;
  • a solid waste disposal system or environmental management system;
  • municipal/city/provincial buildings, cultural centers, public parks, playgrounds, and sports facilities and equipment;
  • infrastructure facilities such as roads, bridges, school buildings, health clinics, fish ports, water supply systems, seawalls, dikes, drainage and sewerage, and traffic signals and road signs;
  • public markets, slaughterhouses, and other local enterprises;
  • public cemetery;
  • tourism facilities and other tourist attractions; and
  • sites for police and fire stations and substations and municipal jail.

Creation and modification of local governments

As a matter of principle, higher legislative entities have the power to create, divide, merge, abolish, or substantially alter boundaries of any lower-level local government through a law or ordinance, all subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Commission on Elections (COMELEC) in the local government unit or units directly affected.[2] The Local Government Code has also set requisites for creating local government units.[2] A summary can be found in the table below:

Local governmentAreaPopulationIncomeLegislative bodies that can create, merge, abolish or substantially alter the boundaries of the LGU
Province2,000 square kilometers*250,000*20 million for the last two (2) consecutive years based on 1991 constant prices
City100 square kilometers*150,000*100 million for the last two (2) consecutive years based on 2000 constant prices[9]
  • Congress^
Municipality50 square kilometers25,0002.5 million for the last two (2) consecutive years based on 1991 constant prices
  • Congress
  • ARMM Regional Assembly
BarangayNone5,000 (Metro Manila and highly urbanized cities)
2,000 (rest of the country)
None
  • Congress
  • ARMM Regional Assembly
  • Sangguniang Panlalawigan, with recommendation from the concerned Sangguniang Bayan(s) required
  • Sangguniang Panlungsod

*either area or population; meeting only one of these requirements is sufficient
^The ARMM Regional Assembly was conferred by Congress (through Article VI, Section 19 of Republic Act 9054[7]) the power to create or modify lower-level LGUs under its jurisdiction, including provinces and cities. However, the Supreme Court's decision on the unconstitutionality of the now-defunct province of Shariff Kabunsuan[10] has effectively confined the regional assembly's powers to creating or modifying only municipalities and barangays.

See also

References

  1. "The Constitution of the Republic of the Philippines". www.gov.ph. Retrieved November 12, 2015.
  2. Local Government Code of the Philippines, Book III Archived October 31, 2014, at the Wayback Machine, Department of Interior and Local Government official website.
  3. Commission on Elections (August 18, 2015). "COMELEC Resolution No. 9982". Republic of the Philippines – Commission on Elections. Retrieved May 23, 2017.
  4. Congress of the Philippines (November 26, 1991). "Republic Act No. 7166 – An Act Providing for Synchronized National and Local Elections and for Electoral. Reforms, Authorizing Appropriations Therefor, And For Other Purposes". Retrieved May 23, 2017.
  5. Local Government Code, Book I Archived May 8, 2008, at the Wayback Machine, Department of Interior and Local Government official website.
  6. Quismundo, Terra (May 29, 2007). "Election law must prevail over culture, says Abalos". Philippine Daily Inquirer. Retrieved March 27, 2009.
  7. Republic Act 9054
  8. "Local Government Code of 1991 (Book III: Local Government Units)". Chan Robles Virtual Law Library. Retrieved November 6, 2010.
  9. Republic Act 9009, Chanrobles Law Library.
  10. Creation of the province of Shariff Kabunsuan voided Archived April 1, 2009, at the Wayback Machine
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