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    Article X Local Government

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    ANGIELYN BASILAN
    The document outlines the structure and powers of local governments in the Philippines according to its constitution. It establishes provinces, cities, municipalities, and barangays as the main subdivisions and grants them local autonomy. It also mandates that Congress enact a local government code to decentralize powers and provide mechanisms for citizen participation like recall, initiative, and referendum. Oversight is exercised by the President and higher-level local governments over lower ones. Revenues are derived from taxes, fees, and charges set by local governments and through shares of national taxes.

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    © All Rights Reserved
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    Article X Local Government

    Uploaded by

    ANGIELYN BASILAN
    124 views3 pages
    The document outlines the structure and powers of local governments in the Philippines according to its constitution. It establishes provinces, cities, municipalities, and barangays as the main subdivisions and grants them local autonomy. It also mandates that Congress enact a local government code to decentralize powers and provide mechanisms for citizen participation like recall, initiative, and referendum. Oversight is exercised by the President and higher-level local governments over lower ones. Revenues are derived from taxes, fees, and charges set by local governments and through shares of national taxes.

    Original Title

    ARTICLE-X-LOCAL-GOVERNMENT

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    The document outlines the structure and powers of local governments in the Philippines according to its constitution. It establishes provinces, cities, municipalities, and barangays as the main subdivisions and grants them local autonomy. It also mandates that Congress enact a local government code to decentralize powers and provide mechanisms for citizen participation like recall, initiative, and referendum. Oversight is exercised by the President and higher-level local governments over lower ones. Revenues are derived from taxes, fees, and charges set by local governments and through shares of national taxes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    124 views3 pages

    Article X Local Government

    Uploaded by

    ANGIELYN BASILAN
    The document outlines the structure and powers of local governments in the Philippines according to its constitution. It establishes provinces, cities, municipalities, and barangays as the main subdivisions and grants them local autonomy. It also mandates that Congress enact a local government code to decentralize powers and provide mechanisms for citizen participation like recall, initiative, and referendum. Oversight is exercised by the President and higher-level local governments over lower ones. Revenues are derived from taxes, fees, and charges set by local governments and through shares of national taxes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    ARTICLE X.

    LOCAL GOVERNMENT

    Local Government refers to a political subdivision of a nation or state which is constituted


    by law and has substantial control of local affairs, with officials elected or otherwise locally
    elected.

    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.

    ▪ Territorial and political subdivisions of the Republic of the Philippines are:


    Provinces, Cities, Municipalities, and Barangays. These are political bodies
    endowed with powers to be exercised by and through their respective local
    governments conformably with law. Provinces are composed of several
    municipalities and cities. Cities are urban centers of population, while barangays
    are units of cities except a few where there are no barangays. Further, there shall
    be autonomous regions, it is a first-level administrative division that has the
    authority to control a region's culture and economy. The Constitution of the
    Philippines allows for two autonomous regions: in the Cordilleras and in Muslim
    Mindanao. Currently, Bangsamoro, which largely consists of the Muslim-majority
    areas of Mindanao, is the only autonomous region in the country. A third
    autonomous region would require a constitutional amendment. These political
    subdivisions, created by the Constitution cannot be replaced by amendment and
    not by law. While Congress can abolish or eradicate individual units, it cannot
    abolish an entire class of LGUs.

    SECTION 2.

    The territorial and political subdivisions shall enjoy local autonomy.

    ▪ Local autonomy is generally described as the ability of the local governments for
    self-government and exercise of certain basic powers such as police power, power
    of eminent domain, and taxing power by local government units as to best serve
    the interest and promote the general well-being of their inhabitants. All political
    subdivisions shall enjoy local autonomy however, this doesn’t mean that the LGUs
    are completely free from the central government wherein Judiciary may still pass
    on LGU actions and president may exercise disciplinary power over LGU officials.
    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.

    ▪ The congress shall enact a law that will strengthen the structure of the local
    government through system of decentralization with effective mechanisms of
    recall, initiative, and referendum. Decentralization is the process of transferring
    basic powers from the national to the local governments to allow maximum
    participation of the citizens in governmental and community activities. The main
    objectives of decentralization are to improve the delivery of services by the public
    sector and to enhance the quality of life of citizens.
    ▪ Mechanisms of recall, initiative, and referendum:
    o Recall of officers- legal process by which the registered voters of a local
    government unit remove, for loss of confidence, elective local officials.
    o Initiative- legal process whereby the registered voters of a local government
    unit may directly propose, enact, or amend any law or ordinance at polls
    called for the purpose independently or the regularly constituted local
    legislative body.
    o Referendum- legal process whereby the registered voters of the local
    government unit concerned may approve, amend, or reject an ordinance
    enacted by a local legislative body when the question is submitted to them
    for decision.

    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.

    ▪ The President exercises general supervision over all LGUs and direct supervision
    over Provinces, Autonomous regions, and Independent cities. This power is limited
    to ensuring that lower officers exercise their functions in accordance with law. The
    President cannot substitute his judgement for that of an LGU official unless the
    latter is acting contrary to law. The President may, however, impose administrative
    sanctions against LGU officials, such as suspension for 120 days, and may even
    remove them from their posts, in accordance with law.
    ▪ Provinces exercise direct supervision over component and municipalities. While,
    Cities and municipalities exercise direct supervision over component barangays.

    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.

    ▪ The local government have the power to create its own sources of revenues which
    may comes from property, sales, and other taxes; charges and fees within their
    local unit, however subject to such guidelines and limitations as congress may
    provide. Examples as stated in Local Government Code. On the other hand, the
    guidelines set by Congress should be consistent with the basic policy of local
    autonomy.
    ▪ 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.

    ▪ The National government will augment local resources to ensure that the minimum level
    of basic services is delivered to the LGUs constituents. Under the Local Government Code
    (LGC), LGUs are given shares from national tax revenues in the form of Internal Revenue
    Allotment (IRA) and proceeds from the utilization and development of national wealth.
    Additionally, revenues from other national taxes are shared with some LGUs under special
    laws, such as a share from the value added tax (VAT).

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