History of Local Government Units in the Philippines

LOCAL GOVERNMENT

HISTORY AND BACKGROUND

LGC OF 1991

LOCAL POLITICS

HANNAH MARIE O. AGASMM-PMLOCAL GOVT MGT

OUTLINE OF PRESENTATION Local Government History and Background I. Pre-Colonial Period II. Spanish Period (1521-1898) III. American Period (1898-1946) IV. Post Colonization Period to Present

Local Government Code of 1991

Local Politics

Local Government History and BackgroundFrom the Pre-Colonial Period to the Present Time

Pre-colonial

Pueblo

Alcaldia

Spanish

Period

Barangay

Barangay

Maura Law of 1983

Barrio;

Centralized

system

Marcos Dictatorship

LGC of

1991

Post Colonization Period

Present Time

American Period

Barrio Chart

er

1521-1898

1898-1946

1946 -present

PRE-COLONIZATION PERIODThe concept of barangay

BARANGAY It came from the word balangay which

means “sailboat” – used by the Malays to migrate (Migration theory)

Barangay originally referred to a group of boats and their passengers who migrated to the Philippines

Each boat carried an entire family including relatives, friends and slaves

After landing, the group founded a village

BARANGAY Later on, barangay came to mean a

village constituted by these settlers Smallest form of community Ruled by a datu (other books call them

Pangolo, Rajah, Hadji, Sultan, Gat or Lakan)

Datu is the chieftain of the barangay and is the wealthiest person in the community

Members of the community are: datu, timawa (maharlika – less free), and alipin (saguiguilid and namamahay)

BARANGAY The datu of the barangay was the

village leader by inheritance, wealth and/or physical prowess

He was lawmaker, judge and executive Usually he was assisted in village

administration by a council of elderly men (maginoo), mostly chiefs who had retired due to infirmity or old age

His authority, largely autocratic, was not used without consultation with the village elders

BARANGAY One function of the barangay was

preservation of peace and mutual protection from hostile inhabitants of other barangays

There were occasional confederations of barangays, each governed by its own datu but under the overall authority of the chief of the largest or most prosperous barangay

BARANGAY The Philippines was said to be easily

colonized because of the lack of a centralized government. Each barangay existed independently of the other and the powers that each datu enjoyed were confined only to his own barangay. Spaniards took advantage of this situation.

SPANISH PERIOD(1521-1898)

BARANGAY During the early part of the Spanish

regime, the barangay organization was retained.

The datu remained its head but his powers were nominal, restricted by both lay and ecclesiastical authorities.

He became largely a figurehead to facilitate the barangay’s cooperation with the Spanish administration (esp tax collection)

BARANGAY The Spanish government used the datus

to protect their country Datus became tax collectors, “mere

executors of Spanish policy” Spanish administrators utilized existing

local social institutions for the formation of a highly centralized; autocratic colonial regime

BARANGAY Barangays were consolidated into

towns (pueblos) Later, the town was divided into

barangays of about 50 to 100 families each

cabeza de barangay – chief The position of the barangay chief was

hereditary and lifelong until in 1789 the position was filled through election

CABEZA DE BARANGAY Received no salary but was exempted

from paying taxes and could appoint one or two trustworthy assistants

Main duties were collecting village taxes and maintaining law and order

The barangay was later called barrio (ward or village) and the cabeza, Teniente del Barrio (Barrio Lieutenant)

SOCIAL STRUCTURE1) Principalia – noble class, composed of

gobernadorcillo or cabeza de barangay, can be elected for public office and allowed to vote

2) Ilustrados – Spanish for erudite, Filipino educated class

3) Native Intellectuals Indios - usually Malays Insulares - Spanish born in the Ph Meztizos - mixed bloodline Peninsulares - Spaniards born in Spain

PROVINCES (ALCALDIA) The Spaniards created local

government units to facilitate the country’s administration

Two types: 1. Alcaldia (fully subjugated) – led by the

alcalde mayor assissted by a provincial council (junta provincial)

2. Corregimientos (unpacified military zones) – headed by corregidores

PROVINCES (ALCALDIA) Alcalde mayors and corregidores acted as :

Judge inspector of encomiendas chief of police tribute collector capitan-general of the province and even

vice-regal patron

With annual salary ranging from P300 to P2000 before 1847, and P1500 to P1600 after it

CITY GOVERNMENT (AYUNTAMIENTOS)

Larger towns became cities called ayuntamiento

Also headed by alcalde mayor Became the center of trade and industry had a city council called cabildo Composed of: alcalde (mayor), regidores

(councilors), alguacil mayor (police chief), escribando (secretary)

PUEBLOS (TOWN OR MUNICIPALITY) Led by gobernadorcillo (little governor) Each pueblo had a church, convent,

municipal hall, court house, schools, and houses

Had a medium to large population

GOBERNADORCILLO Supervised farm land and the livestock

or animals in farms Supervised the local police force Was also called “Capitan” He was assisted by 3 officials; called the

tenientes de justicia Was allowed only one year in the

position.

GOBERNADORCILLO He was elected by the cabezas de

barangay Also enjoyed certain privileges such as

exemptions from personal, military and tax duties

MAURA LAW OF 1893 May 19, 1893 Named after the Minister of Colonies of

Spain, Antonio Maura y Montaner The purpose of this law was to grant

greater local autonomy to the provinces and towns in Luzon and Visayas

By a decree of the Spanish Governor-General, the operation of the law was suspended due to a brewing insurrection

MAURA LAW OF 1893 Until the Maura reforms of 1893, the

elections were governed by the regulations of 1847

Forms of corruption already existed, indigenous elites contested the power, compliance, complicity, or protection of the religious orders and the Spanish colonial authorities

The reforms were supposed to be a new attempt to rein in electoral abuses

MAURA LAW OF 1893 The cabeza de barangay was to be given a place

on the town’s board of electors composed of members designated by lot by the town principalia

Board of electors: outgoing gobernadorcillo, six cabezas, and six ex-gobernadorcillos – all chosen by lot

The board was to elect the five members of the municipal council and four lieutenants of assisting him (tiniente mayor, lieutenants of police, fields and livestock)

“honorary and gratuitous and … obligatory.”

MAURA LAW OF 1893 The cabeza de barangay was to be

appointed for three years by the provincial governor from a list of candidates submitted by the municipal council and the town board of electors

Qualifications:1. Filipino or Chinese mestizo2. 25 years of age or over3. Resident for two years in the pueblo where

he has to exercise his powers4. Good reputation

MAURA LAW OF 1893 Could be reelected for an indefinite

number of times, receive 50% of taxes collected in his village, and had authority to require the services of one or two persons to help him with his official duties

Though never implemented, this laid the foundation for American municipal administration in the Philippines

AMERICAN PERIOD(1898-1946)

When the US assumed administration of the Philippines in 1898, slight changes were made in the local government.

Towns were renamed municipalities The barrio continued as a subdivision

with the barrio lieutenant as its chief administrative officer

AMERICAN PERIOD

President McKinley’s Second Philippine Commission members were “to devote their attention.. to the establishment of municipal governments in which the natives of the islands, both in the cities and in the rural communities, shall be afforded the opportunity to manage their own local affairs to the fullest extent they are capable.”

AMERICAN PERIOD

They changed their minds on enforcing local autonomy.

The Commission finally decided to restrict local autonomy believing the best method to teach Filipinos self-government was by American supervision of local political parties.

The municipal and provincial codes were said to be virtually duplications of the Maura Law

AMERICAN PERIOD

Municipal officials made their own decisions concerning local affairs but were subject to revision or annulment by the central government in Manila

Americans maintained a highly centralized politico-administrative structure – for security considerations

AMERICAN PERIOD

AMERICAN PERIOD1916

December 31

Act No. 2657 also known as Administrative Code of 1917

Book IIIGovernment of Provinces and Other Political Divisions

Provincial LawMunicipal LawTownship Law

AMERICAN PERIOD1917

March 10

Act No. 2711

Revised Administrative Code of 1917

Section 2219-1/2Establishment of Rural Council

Each barrio has a barrio lieutenant and shall have four councilmen who shall be appointed in the same manner as the barrio lieutenants

AMERICAN PERIOD1917

March 10

The powers and duties of the rural council were:

1. To represent the barrio or portion of barrio where it was located

2. To hold monthly sessions

3. To make its own rules of procedure to be approved by the barrio’s Municipal Councilor before they took effect

4. To provide for the dissemination of the town crier of new laws and

AMERICAN PERIOD1917

March 10

Cont..

Municipal ordinances the Council considered important6. To organize, at least three time a year, public lectures on citizenshipand7. To cooperate with the government for the success of measures of general interest

Rural Councils were never effective in most parts of the country; they remained largely a “paper organization”

AMERICAN PERIOD1931

November 13

Philippine Legislature passed Act No. 3861 creating the rural council under the administration of Gov. Dwight Davies

Provided for the organization of a council composed of a Barrio Lieutenant and such number of Vice-Barrio Lieutenants as there were sitios to assist the former in the discharge of his duties

AMERICAN PERIOD Before WWII (1939-1945), the Barrio

lieutenant was the main representation of the municipal government in the villages

His effectiveness depended largely on his party affiliation and kinship with key municipal and provincial officials

Often, the real leader of the barrio in local affairs was not appointed B.L.

POST COLONIZATION PERIOD TO PRESENT TIME(1946-present)

POST COLONIZATION PERIOD1954

June 12

Republic Act No. 1062

An Act Granting to Municipal Councils Greater Autonomy in the Preparation of the Municipal Budgets, Amending for This Purpose Certain Section of the Revised Administrative Code


June 10

Republic Act No. 1245An Act Amending Section 2219 ½ of the Revised Administrative Code and for Other Purposes

Organized a barrio councilComposed of:Barrio lieutenant and such number of deputy barrio lieutenants as there are sitios within the barrio, a councilman for livelihood, education and health


June 10

Republic Act No. 1245

-Shall be elected at a meeting to be attended by at least one-half of all the residents of the barrio who are qualified votes

-Election shall take place annually on the third Tuesday of January

“One year term of office is too short a term of office even for an honest and capable councilman to pursue with success whatever useful or Necessary improvements he may have planned for his community.”


September 9

Republic Act No. 1408An Act to Amend RA 1245 Entitled: “An Act Amending Section 2219 ½ of the Revised Administrative Code and for Other Purposed,” and Other Related Provisions of the Same Code-Vice barrio lieutenants-Treasurer, elected among them

“Every head of family who is a resident of the barrio and is twenty-one years of age or over is eligible to vote in the election, provided he has been a resident of the barrio for at least six months prior to the election”

Before RA 1408, many governmental and non-governmental agencies were sponsoring rural improvement programs independently

There was a duplication of functions and services, dissipation of effort, confusion among the barrio folk, organizational friction, and many hindrances in promoting an effective, unified community development program

POST COLONIZATION PERIOD


June 19

RA 2259An Act Making Elective the Offices of Mayor, Vice-Mayor, and Councilors in Chartered Cities Regulating the Election in such Cities and Fixing Salaries and Tenure of such Offices

1959

June 19

RA 2264An Act Amending the Laws Governing Local Governments by Increasing Their Autonomy and Reorganizing Provincial Governments


June 20

RA 2370An Act Granting Autonomy to Barrios of the Philippines Otherwise known as the “Barrio Charter Act”

Converted the Barrio Council from a mere recommendatory body into an autonomous organ, empowered to act for, and in behalf of, barrio residents“Every head of family who is a resident of the barrio and is twenty-one

years of age or over is eligible to vote in the election, provided he has been a resident of the barrio for at least six months prior to the election”


June 20

RA 2370

Important innovations:1. Voting, office holding

and the Barrio Assembly2. The Barrio Council’s

taxing powers3. The Barrio Council’s

legislative powers4. The Barrio Council

member’s tenure of office

5. The removal or suspension of Barrio Council members

6. Barrio Council members’ compensation


June 20

RA 2370

- Has built-in tax reform system

- People evade taxes because they have not learned to associate taxes with public services

- Critics saw the flaws in the taxation provisions

The taxation powers of the Barrio Council are not very extensive, and are unrealistic in light of rural conditions.


June 22

RA 3950An Act to Amend and Revise RA 2370 Otherwise Known as “The Barrio Charter”

“Revised Barrio Charter”

1967

September 12

RA 5185An Act Granting Further Autonomous Powers to Local Governments

“Decentralization Act of 1967”


June 21

RA 5676An Act Clarifying the Scope and Applicability of Republic Act Numbered 3590, Amending for the Purpose Section Twenty-Six Thereof

*Retroactive effect as of June 22 1963*


April 8

Presidential Decree No. 431

Prescribing a System of Permanent and Continuing Registration of Members of Barangays, Providing a Procedure for the Creation of Barangay in Areas Where There are None and for the Elections of Officials Thereof

1974

September 21

Presidential Decree No. 557Declaring All Barrios in the Philippines as Barangays, and for Other Purposes


June 11

Presidential Decree No. 1508Establishing a System of Amicably Settling Disputes at the Barangay Level

Katarungang Pambarangay


February 10

Batas Pambansa Blg. 337

Local Government Code of 1983

1986

March 25

1986 Freedom Constitution

1987 The 1987 Constitution of the Republic of the Philippines


October 10

RA 7160Local Government Code of 1991

“It is considered the most radical and far reaching policy that addressed the decades-old problem of a highly centralized politico-administrative system with most significant political and administrative decisions concentrated in Manila.” (Brillantes Jr., A., Moscare, D.)

PRESENT TIME Local Government Units in all geopolitical

levels continue to enjoy local autonomy granted to them

Continuous capacity development programs are given to LGUs in order to enhance the services delivered to their constituents

NGAs issue policies for LGUs to address gaps and issues arising as well as enhancement of programs being implemented

LOCAL GOVERNMENT CODE OF 1991Republic Act 7160

BIYAHENG PINOYLet’s all watch this…

HIERARCHY OF LAWS

CLASSIFICATION OF LAWS A law may be special or general law Special law relates to particular persons or

things of a class, or to a particular portion or section of the state only

A general law affects all people of the state or all of a particular class of persons in the state or embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class

CLASSIFICATION OF LAWS A special law prevails over a general

law

RA 7160 is a special law which exclusively deals with local government units, outlining their powers and functions in consonance with the constitutionally mandated policy of local autonomy

BASIS FOR LOCAL GOVERNANCE The 1987 Constitution

Article II Declaration of Principles and State Policies Section 25 The state shall ensure the autonomy of local governments

Article XLocal Government

ARTICLE X: LOCAL GOVERNMENTGENERAL PROVISIONS Section 1. The territorial and political subdivisions of the Republic of the

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

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 3. 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.

ARTICLE X: LOCAL GOVERNMENT Section 4. The President of the Philippines shall

exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

***Supervision vs. Control***

ARTICLE X: LOCAL GOVERNMENT Section 5. Each local government unit shall have the

power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them.

ARTICLE X: LOCAL GOVERNMENT Section 7. 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.

Section 8. 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 shall 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.

Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.

ARTICLE X: LOCAL GOVERNMENT Section 10. 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.

Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. (…)

Section 12. 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.

ARTICLE X: LOCAL GOVERNMENT Section 13. Local government units may group

themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law.

Section 14. 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.

SALIENT FEATURES OF THE LGC

Operative Principles of DecentralizaionBasic principles and policiesRules of InterpretationBook I General ProvisionsBook II Local Taxation and Fiscal MattersBook III Local Government UnitsBook IV Miscellaneous and Final Provisions

DEFINITION OF TERMS Local autonomy means a more responsive and

accountable local government structure identified through a system of decentralization

Local autonomy includes both administrative and fiscal autonomy

Decentralization means devolution of national administration, not power to local governments. Local officials remain accountable to the central government as the law may provide

DOES AUTONOMY MEAN INDEPENDENCE FROM THE NATIONAL GOVERNMENT? NO.

The constitution merely mandated decentralization and did not make local governments sovereign within the State

NEWS:“I am alarmed that the brazen act of resisting suspension is becoming normal practice. What makes elective officials think that they are indisputably entitled to their offices? They are not absolute rulers; they are subject to the law,” (Santiago, 2015)

Source: http://newsinfo.inquirer.net/687511/santiago-alarmed-by-elective-officials-resisting-suspension-seeks-senate-inquiry#ixzz3YGXHEdsx

NEWS:“While officials are entitled to relief from penalty, in the form of temporary restraining orders or injunctions, they must seek such from the proper venue and, pending such relief, humbly step down from office.”

“In all these cases, the officials facing penalty insisted on due process yet refused to respect the same. This contradiction only shows how self-serving our elective officials have become,”Source: http://newsinfo.inquirer.net/687511/santiago-alarmed-by-elective-officials-resisting-suspension-seeks-senate-inquiry#ixzz3YGXHEdsx

NEWS:The senator also warned that such practice inevitably erodes the punitive power of government authorities such as the Ombudsman, the Civil Service Commission, and the DILG.

“If left unchecked, this deplorable practice will embolden officials to be corrupt. We must protect the integrity of institutions that mete out penalties in upholding the constitutional principle that public office is a public trust,” she said.

Santiago said any measure that the Senate will contemplate against the practice of resisting suspension should focus on prohibiting elective officials from supporting or financing mass barricades to their benefit, especially using public funds.

“The right to assemble is enshrined in the Constitution. But in cases like this, we should ask: Did the supporters assemble voluntarily or were they paid or given incentives? If it is the latter, were public funds used?” she further said.

OPERATIVE PRINCIPLES OF DECENTRALIZATION Effective allocation of powers, functions,

responsibilities, and resources Establishment of an accountable, efficient

and dynamic organizational structure and operating mechanism that will meet priority needs and services of its communities

Subject to civil service rules, local officials and employees paid wholly or mainly from local funds shall be appointed removed, according to merit and fitness, by the appropriate appointing authority

OPERATIVE PRINCIPLES OF DECENTRALIZATION LGUs shall be accompanied with provision

for reasonably adequate resources to discharge their powers and effectively carry out their functions (power to create sources of revenue and just share to national wealth)

Ensure that acts of their component units are within the scope of their prescribed powers

LGUs may group themselves

OPERATIVE PRINCIPLES OF DECENTRALIZATION Enhancement of capacities of local

government units, providing them with opportunities to participate actively in the implementation of national programs and projects

Continuing mechanism to enhance local autonomy

LGUs shall share with the national government the responsibility in the management and maintenance of ecological balance

OPERATIVE PRINCIPLES OF DECENTRALIZATION Strengthening effective mechanisms for

ensuring the accountability of LGUs to their constituents to continually upgrade quality of local leadership

Realization of local autonomy shall be facilitated through improved coordination of national government policies and programs and extension of material and technical assistance to LGUs

OPERATIVE PRINCIPLES OF DECENTRALIZATION Participation of private sector in local

governance The national government shall ensure

that decentralization tributes to the continuing improvement of the performance of local government units and the quality of community life

RULES OF INTERPRETATION In case of doubt in the exercise of LGU

powers, the doubt shall be resolved in favor of devolution of powers;

Tax revenue or measure shall be strictly construed against the LGU

Tax exemption/incentive/relief shall be strictly construed against the taxpayer

CREATION, ABOLITION, DIVISION AND MERGER OF LGU Indicators:

IncomePopulationLand area

CRITERIA

CREATION, ABOLITION, DIVISION AND MERGER OF LGU Division shall not reduce the income,

population, or land area of the LGU, provided the income classification of the original LGU shall not fall below its current income classification prior to such division

Abolition is proper when there is an irreversible reduction in income, population and land area

Plebiscite requirement within 120 days from date of effectivity of the law or ordinance

CREATION, ABOLITION, DIVISION AND MERGER OF LGU Corporate existence shall commence

upon the election and qualification of the LCE and majority of the members of the sanggunian, unless some other time is fixed therefor by law or ordinance.

Sec. 16 General Welfare Clause Every local government unit shall

exercise the powers express granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance; and those which are essential to the promotion of the general welfare…..

POWERS OF LGUs Police Power (Sec. 16) Power of Eminent Domain Power to Levy Taxes, Fees and Charges

OTHER PROVISIONS OF THE CODE Sec 17 Basic Services Reclassification of Lands Closure and Opening of Roads Qualifications of Local Elective Officials Vacancies and Succession Leave of Absence

OTHER PROVISIONS OF THE CODE Leave of Absence

OTHER PROVISIONS OF THE CODE Local Special Bodies Local Legislation Human Resource and Development Elective Local Officials Appointive Local Officials

ELECTIVE LOCAL OFFICIALS

APPOINTIVE LOCAL OFFICIALS

Appointive Local Officials

Mandatory/Optional in Codal Provision on the appointment,

Qualification, Powers & Duties

Provinces Cities Municipalities

Secretary to the Sanggunian

Mandatory

Mandatory

Mandatory Title 5, Article 1 Section 469

Treasurer Mandatory

Mandatory


Assistant Treasurer

Optional Optional Optional Title 5, Article 2 Section 471

Assessor Mandatory

Mandatory


Assistant Assessor

Optional Optional Optional Title 5, Article 3 Section 473

Accountant Mandatory

Mandatory


Budget Officer Mandatory

Mandatory


POWERS OF THE LCE

POWERS OF ELECTIVE LOCAL OFFICIALS

MUNICIPALITY CITY PROVINCE3. Initiate and maximize

the general of resources and revenues, and apply the same to the implementation of development plans, programs, objectives and priorities as provided under Sec. 18, LGC, (Sec. 444 (b)(3)(i-viii)

4. Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17. (Sec. 444(b)(4)(i-ii)

5. Other powers , duties and functions as prescribed by law or ordinance.

3. Initiate and maximize the general of resources and revenues, and apply the same to the implementation of development plans, programs, objectives and priorities as provided under Sec. 18, LGC, (Sec. 455(b)(3)(i-viii)



3. Initiate and maximize the general of resources and revenues, and apply the same to the implementation of development plans, programs, objectives and priorities as provided under Sec. 18, LGC, (Sec. 465(b)(3)(i-viii)



POWERS OF THE VICE LCE

POWERS OF THE SANGGUNIAN

POWERS OF THE SANGGUNIAN

PENAL PROVISIONS

1. ORDINANCES WITH PENAL SANCTIONS – a.MANDATORY POSTING in conspicuous places for a minimum period of 3 consecutive weeksb. PUBLICATION in a newspaper of general circulation, where available, within territorial jurisdiction.

EXCEPTION: Barangay Ordinances

PENAL PROVISIONS

Violation of the posting and publication requirement shall subject the official or employee concerned to administrative, civil or criminal sanction.

Sanggunian secretary shall transmit official copies of ordinances to the Official Gazette within 7 days following its approval.

PENAL PROVISIONS

2. WITHOLDING OF BENEFITS ACCORDED TO BARANGAY OFFICIALS –

SANCTION:

1. suspension 2. dismissal from office of the official or employee responsible therefore.

PENAL PROVISIONS

3. FAILURE TO POST AND PUBLISH THE ITEMIZED MONTHLY COLLECTIONS AND DISBURSEMENTS – failure of the treasurer of chief accountant to post itemized monthly collections and disbursements within 10 days following the end of every month and for at least 2 consecutive weeks at prominent places in the main building, its plaza and main street and publish itemization in a newspaper of general circulation where available.

PENAL PROVISIONS

SANCTIONS:1. fine not exceeding 500.002. imprisonment not exceeding 1 month3. or both, at the discretion of the court

PENAL PROVISIONS

4. ENGAGING IN PROHIBITED BUSINESS TRANSADTIONS OR POSSESSING ILLEGAL PECUNIARY INTEREST-

SANCTIONS:1. fine of not less than 3,000.00 nor more than 10,000.002. imprisonment of 6 mos. to 6 yrs.3. or both at the discretion of the court

PENAL PROVISIONS

5. REFUSAL OR FAILURE OF ANY PARTY OR WITNESS TO APPEAR BEFORE THE LUPON OR PANGKAT –

SANCTION:1. Indirect Contempt of Court

PENAL PROVISIONS

6. VIOLATION OF TAX ORDINANCES-

SANCTIONS:1. fine of not less than 1,000.00 to 5,000.002. imprisonment of not less than 1 month and not more than 6 months3. or both, at the discretion of the court.

PENAL PROVISIONS

7. OMISSION OF PROPERTY FROM ASSESSMENT OR TAX ROLLES BY OFFICES AND OTHER ACTS-

8. WILLFUL AND NEGLIGENT FAILURE TO COLLECT TAXES AND INSTITUTE NECESSARY PROCEEDINGS FOR THE COLLECTION OF THE SAME -

PENAL PROVISIONS

SANCTIONS:1. fine of not less than 1,000.00 nor more than 5,000.002. imprisonment of not less than 1 mo. Nor more than 6 mos.3. or both, at the discretion of the court

PENAL PROVISIONS

9. INTENTIONAL AND DELIBERATE DELAY IN THE ASSESSMENT OF REAL PROPERTY OR THE FILING OF ANY APPEAL AGAINST ITS ASSESSMENT –

SANCTIONS:1. five of not less than 500.00 nor more than 5,000.002. imprisonment of at least 1 month nor more than six months3. or both at the discretion of the court

PENAL PROVISIONS

10. FAILURE TO DISPOSE OF DELINQUENT REAL PROPERTY AT PUBLIC AUCTION –

SANCTIONS:1. fine of not less than 1,000.00 nor more than 5,000.02. imprisonment of not less than 1 month nor more than 6 months3. or both, at the discretion of the court

PENAL PROVISIONS

11. PROHIBITED ACTS RELATED TO THE AWARD OF CONTRACTS UNDER THE PROVISIONS ON CREDIT FINANCING –

SANCTIONS:1. removal from office 2. imprisonment of not less 1 month nor more than two years

_______________________________________

LOCAL POLITICS “Oligarchy” The Robredo Style of Leadership BAC vs GAN

REFERENCES Zamora, Mario D. (1967) Asian Studies Journal 5:

Political History, Autonomy and Change: The Case of the Barrio Chapter. Asian Studies Center, University of the Philippines Diliman, Quezon City

Brillantes Jr., Alex B., Moscare, Donna Decentralization and Federalism in the Philippines: Lessons from Global Community. NCPAG, University of the Philippines Diliman, Quezon City

www.gov.ph Official Gazette www.chanrobles.com

Documents

History of Local Government Units in the Philippines