Local government in the Philippines explained

In the Philippines, local government is divided into three levels: provinces and independent cities, component cities and municipalities, and barangays, all of which are collectively known as local government units (LGUs). In some areas, above provinces and independent chartered cities are autonomous regions, such as the Bangsamoro Autonomous Region in Muslim Mindanao. Some towns and cities remit their revenue to national government and is returned through the national government through a process called internal revenue allotment. 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 but not necessarily led by an elected barangay councilor.

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] [2] Local government units are under the oversight of the Department of the Interior and Local Government, which is an executive department tasked with assisting the president in exercising the power of general supervision.

Levels of local government

Autonomous regions

See main article: Autonomous regions of the Philippines. 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 Bangsamoro, which replaced the Autonomous Region in Muslim Mindanao (ARMM). In 1989, a plebiscite established the 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 in Lanao del Sur. Isabela City remains a part of the province of Basilan despite rejecting inclusion in the ARMM. In 2019, another plebiscite confirmed the replacement of the ARMM with the Bangsamoro, and added Cotabato City and 63 barangays in Cotabato.

A Cordillera Autonomous Region has never been formed because two plebiscites, in 1990 and 1998, both resulted in just one province supporting autonomy; this led the Supreme Court ruling that autonomous regions should not be composed of just one province.

Each autonomous region has a unique form of government. The ARMM had a regional governor and a regional legislative assembly, mimicking the presidential system of the national government. The Bangsamoro will have a chief minister responsible to parliament, with parliament appointing a wa'lī, or a ceremonial governor, in a parliamentary system.

Provinces

See main article: Provinces of the Philippines. 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

See main article: municipalities of the Philippines. 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

See main article: Barangay. 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 is the head of Sangguniang Kabataan which is composed of 1 SK Chairperson and 7 SK Kagawads that also leads the assembly for youth, the Katipunan ng Kabataan or KK.

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 Wali as the head of region and Chief Minister as the head of government for the Bangsamoro, governor for the provinces, mayor for the cities and municipalities, and the barangay captain for the barangays.[3]

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.[3]

Level of government Legislature Composition Head
Autonomous region
  • total of 80 members:
    • 40 seats in a party-list system of allocation
    • 32 seats, 1 elected from each district
    • 8 reserved seats:
      • 2 from non-Moro indigenous peoples
      • 2 from settler communities
      • 1 for women
      • 1 for youth
      • 1 for traditional leaders
      • 1 for the Ulama
Speaker
Province

16 SP members, 2 elected from each district

14 SP members, 2 elected from each district

    • Batangas, Isabela, Negros Occidental and Pangasinan: 12 SP members, 2 elected from each district
    • All other provinces of the first and second income classes: 10 SP members, with seat distribution among districts varying.
    • Provinces of the third and fourth income classes

8 SP members, with seat distribution among districts varying.

    • Provinces of the fifth and sixth income classes

6 SP members, 3 per district

  • President of the provincial chapter of the Liga ng mga Barangay
  • President of the provincial chapter of the League of Councilors
  • President of the provincial federation of the Sangguniang Kabataan
  • Sectoral representatives
Provincial Vice Governor
City

24 councilors, 8 elected from each district

City Vice Mayor
Municipality
  • varies, as of 2016:
    • Pateros: 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
Municipal Vice Mayor
Barangay
  • 7 members elected at-large
  • Sangguniang Kabataan chairperson
Barangay Captain/Barangay Chairman
Sangguniang Kabataan
  • 7 members elected at-large
Sangguniang Kabataan Chairperson

Elected officials

All elected officials have 3-year terms, save for the wa'lī which is six years, and can only serve a maximum of three consecutive terms before being ineligible for reelection.[5]

LGU Official Minimum age (18 is the voting age[6])
Autonomous regionWa'lī (Regional Chief Executive)40 years old on election day[7] (Same as the President and Vice President of the Philippines)
Chief minister 25 years old on election day
Member of parliament Same as chief minister
ProvincesProvincial Governor (Local Chief Executive) 23 years old on election day
Provincial Vice Governor Same as governor
Sangguniang Panlalawigan member (board member)Same as governor
Highly urbanized citiesCity Mayor (Local Chief Executive) Same as governor
City Vice mayorSame as governor
Sangguniang Panlungsod member (City Councilor) Same as governor
Independent component and component citiesCity Mayor (Local Chief Executive) 21 years old on election day
City Vice mayorSame as independent component and component city mayor
Sangguniang Panlungsod member (City Councilor) Same as independent component and component city mayor
MunicipalitiesMunicipal Mayor (Local Chief Executive) Same as independent component and component city mayor
Municipal Vice mayorSame as independent component and component city mayor
Sangguniang Bayan member (Municipal Councilor)Same as independent component and component city mayor
BarangayPunong Barangay (Barangay Captain/Chairperson; Barangay Chief Executive) 18 years old on election day
Barangay Kagawad (Barangay Councilor) Same as Punong Barangay
Sangguniang Kabataan Chairperson/President (SK Chief Executive) 18 to 24 years old on election day
Sangguniang Kabataan member (SK Councilor) Same as Sangguniang Kabataan chairperson*

Offices that are common to municipalities, cities and provinces

There are 44 offices in a government, whether it is municipal, city or provincial. There are some mandatory and optional offices to the government.

Office Head width=10%Municipality !width=10%City !width=10%Province
Office of the Secretary to the Sanggunian Secretary to the Sanggunian
Treasury Office Treasurer
Assessment Office Assessor
Accounting Office Accountant
Budget Office Budget Officer
Planning and Development Office Planning and Development Coordinator
Engineering Office Engineer
Health Office Health Officer
Office of the Local Civil Registry Local Civil Registrar
Office of the Administrator Administrator
Office of the Legal Services Legal Officer
Agriculture Office Agriculturist
Social Welfare and Development Office Social Welfare and Development Officer
Environment and Natural Resources Office Environment and Natural Resources Officer
Office of Architectural Planning and Design Architect
Public Information Office Public Information Officer
Office for the Development of Cooperatives/Cooperatives Development Office Cooperative Development Specialist
Population Office Population Officer
Veterinary Office Veterinarian
Public Order and Safety Office (POSO) Public Order and Safety Officer
General Services Office General Services Officer
Tourism Office Tourism Officer
Public Employment Services Office (PESO) PESO Manager
Human Resources Management and Development HRMD Officer
Disaster Risk Reduction and Management Office DRRM Officer
Economic Enterprise and Development Office EED Officer
Office of the Mayor Mayor
Office of the Vice Mayor Vice Mayor
Office of the Provincial Governor Provincial Governor
Office of the Provincial Vice Governor Provincial Vice Governor
Office of the Sangguniang Panlalawigan Presiding Officer (Provincial Vice Governor)
Office of the Sangguniang Panlungsod Presiding Officer (City Vice Mayor)
Office of the Sangguniang Bayan Presiding Officer (Municipal Vice Mayor)
Office of the Senior Citizens' Affairs (OSCA) OSCA Head
Persons With Disability Affairs Office (PWDAO) PWDAO Head
Nutrition Action Office Nutrition Action Officer
Prosecution Office Prosecutor
Solid Waste and Environment Management Office (SWEMO) SWEMO Head
Gender And Development (GAD) Office GAD Officer
Information Technology (IT) Office IT Officer
Local Government Operations Office Local Government Operations Officer
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:

Creation and modification

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.[3] The Local Government Code has also set requisites for creating local government units.[3] 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
Province2000sqkm250,00020 million for the last two consecutive years based on 1991 constant prices
City100sqkm150,000100 million for the last two consecutive years based on 2000 constant prices[9]
Municipality50sqkm25,0002.5 million for the last two consecutive years based on 1991 constant prices
BarangayNone5,000
2,000
None

See also

Further reading

Notes and References

  1. Local Government Code of 1991. RA. 7160. The Official Gazette. 1991-10-10. Congress of the Philippines. 2023-12-18.
  2. Web site: The Constitution of the Republic of the Philippines . www.gov.ph . November 12, 2015 .
  3. http://dilg.gov.ph/PDF_File/reports_resources/DILG-Resources-201162-99c00c33f8.pdf Local Government Code of the Philippines, Book III
  4. Web site: Commission on Elections (Philippines). August 18, 2015. COMELEC Resolution No. 9982. May 23, 2017.
  5. http://www.dilg.gov.ph/LocalGovernmentCode.aspx#B1T2C1 Local Government Code, Book I
  6. News: Terra . Quismundo . Election law must prevail over culture, says Abalos . . May 29, 2007 . March 27, 2009 .
  7. Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao. RA. 11054. The Official Gazette. 2018-07-27. 2023-12-18.
  8. Web site: Local Government Code of 1991 (Book III: Local Government Units) . November 6, 2010 . Chan Robles Virtual Law Library.
  9. An Act Amending Sec. 450 of Republic Act No. 7160, Otherwise Known as the Local Government Code of 1991, By Increasing the Average Annual Income Requirement for a Municipality or Cluster of Barangays to be Converted into a Component City. RA. 9009. 2001-02-24. Chanrobles Law Library. 2023-12-18.