Plag Lesson-7 Module
Plag Lesson-7 Module
Plag Lesson-7 Module
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Case: Mangune et al., vs. Executive Secretary Ermita, et al.- G.R. No. 182604,
September 27, 2016
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pre-Spanish colonial regime ● The first LGU is the barangay, led by the datu which had
executive, legislative, judicial, and religious powers, and was
advised by a group of elders, and the transfer of power was
primarily familial (De Guzman, Reforma and Panganiban
1998).
the American colonial regime ● The establishment of municipal and provincial governments
and Philippine Commonwealth and delegation of as much responsibilities and duties to the
(1900-1946) lowest level of government possible. These were not carried
out as local officials lacked experience in directing local
governments.
● One of the major developments in this period is the creation
of a legislated share of internal revenues (The Internal
Revenue Law, Act No. 1189 1904).
● However, the dependency of local governments on the
central government further intensified with the introduction of
intergovernmental transfers towards the end of American
colonization (Corpuz 1997).
● During the Philippine Commonwealth, the 1935 Constitution
provided that “the President shall exercise general
supervision over all local governments as may be provided
by law….” (Philippine Constitution, 1935: Art. VII, Sec. 10).
As a result, government was centrally controlled under Pres.
Manuel L. Quezon, who believed that under the unitary
system, the national chief executive should control all local
offices (De Guzman, Reforma, and Panganiban 1998).
the Third (1946-1972) and ● The trend was towards decentralization, as local
Fourth (1973-1985) governments received revenue-raising authority and
narrowed the application of the constitutional power of the
President to supervise local governments.
● Despite the 1973 Philippine Constitution’s provisions of
giving more power to local governments, actual policy
increased the supervision and regulation by the national
government.
● During Martial Law (1972-1982), Pres. Ferdinand E. Marcos
maintained the power to create, divide, merge, abolish, and
alter the boundaries of LGUs. He also suspended local
elections, allowing him to remove and appoint local officials.
Until the fall of the Marcos regime, internal revenue shares
were still the main source of local government income. In
addition, their release was discretionary, based largely on the
political affiliations of local officials with the Marcos
administration (Diokno 2012).
1. Socioeconomic Conditions
-It has been argued that different LGU development can be attributed, in part,
to varied revenue-raising capacities of LGUs and the IRA formula not
considering equity (does not include any revenue raising effort variable of
LGUs).
-Still on revenue mobilization, Llanto (2009) argues that inefficient tax
assignment has constrained local revenue mobilization and led to the
dependency of LGUs on IRA.
2. Dependency on IRA
-Many studies on Philippine decentralization have highlighted the high and
persistent dependency of LGUs on the IRA (Diokno 2012, Manasan 2009,
Llanto 2009).
-Manasan (2004) found empirical evidence that suggested “LGUs which
received higher IRA tended to be lax in their tax effort” (Manasan 2004, 39).
3. Mismatch in expenditure responsibilities
-Manasan and Chaterjee (2003) argue that there is a mismatch in expenditure
responsibilities devolved to different levels of LGUs
-Others have also argued that despite the mandated spending of 20% of LGU
annual IRA on development projects called the local development fund (LDF),
the amount is spent for programs and projects that do not contribute to
economic development.
-The Commission on Audit reported that in 2016, approximately 2.3 % of the
LDF funds were used for purposes other than intended.
Clientelism
- For the Philippines, Khemani (2011) provided evidence that a direct measure
of clientelist political strategy (i.e. vote-buying) was significantly,
systematically and robustly related to both the lower quality and availability of
public health services. Khemani (2011) argues that by “doing so (providing
evidence) adds to the knowledge base of why and how politics matters for
good governance—for effectively translating public spending into
development outcomes—and what this implies for public policies to improve
the quality of governance” (Khemani 2011, 2-3).
- Local public choice theory has tried to explain the difference in the provision
of public goods across localities by voters ‘voting-with-the-feet,’ or, moving to
places where goods and services provided by the local government reflect
their preferences (Tiebout 1956). This assumes, however, that incumbent
politicians are responsive to voter preferences.
- A more general public choice theory that assumes such is the median voter
model which suggests that with a majority voting rule, for a candidate to win
an election, he or she must satisfy the preferences of the median voter
(Stiglitz and Rosengard 2015). This would result in goods and services
provided by the government reflecting median voter preferences.
C. International explanations of varied levels of development with decentralization
- There is a strong association between the level of fiscal decentralization and
the level of development, with larger countries tending to decentralize more
quickly (Bahl and Bird 2018). It has not yet been ascertained whether
decentralization leads to faster economic growth or if faster economic growth
leads to more demand for decentralization. “Nor do we know if fiscal
decentralization, at the margin, leads to faster economic growth” (Bahl and
Bird 2018, 65).
- social protection spending appears to increase income inequality in Asia,
whereas it reduces it in the rest of the world.
- Also, adversely affecting the distribution of income in Asia is government
expenditure on housing. The authors offered that social protection programs
in Asian economies are more of policy rather than programs. The significance
by which expenditures affect income redistribution might be suggestive of the
impact as well at the local level of government spending
- Mookherjee (2015) surveys the literature on political decentralization and
discusses much micro-evidence on intra-community elite capture and
corruption. Capture is when there is a lack of involvement of poor and
marginalized groups in decision-making and project outcomes are less
aligned with their needs. The capacity of elites to hijack programs to suit their
ends, or of officials to pocket rents or divert sources is higher in communities
with greater inequality, are remote from centers of power, have low literacy
rate, are poor, or with significant caste, race or gender disparities.
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Legal Basis
Inter-local cooperation among local government units (LGUs) in the Philippines is legally
supported by key legislative provisions. The first is Section 13, Article X of the 1987
Philippine Constitution, which states that 'Local government units may group themselves,
consolidate or coordinate their efforts, services, and resources for purposes commonly
beneficial to them in accordance with law.'
Additionally, Section 33 of the 1991 Local Government Code (RA 7160) reinforces this by
allowing LGUs, through appropriate ordinances, to 'group themselves, consolidate, or
coordinate their efforts, services, and resources for purposes commonly beneficial to them.’
In the Philippines, various laws promote and facilitate inter-local cooperation among local
government units to enhance shared governance and resource management
● The Philippine Fisheries Code: This law emphasizes the sustainable use and
cooperative management of fisheries and aquatic resources.
● The National Integrated Protected Areas System (NIPAS) Act: It promotes the
joint administration and protection of protected areas, encouraging collaboration
among local governments.
● The Ecological Solid Waste Management Act: This act fosters cooperation in the
management and reduction of solid waste through shared initiatives.
● Executive Order 205 (series of 2000): Establishes Inter-Local Health Zones to
improve healthcare delivery through inter-municipal collaboration.
● The Urban Development and Housing Act: Supports cooperative planning and
action to provide adequate shelter and urban development services.
The formation of Inter-Local Cooperation involves three key elements that need to align:
purpose, structures and systems, and resources.
The institutional, financial, and legal aspects act as the foundation for achieving this
cooperation. These factors enable LGUs to establish common goals, build robust systems
for collaboration, and mobilize resources efficiently. According to the Philippine Development
Forum (2010), considering these elements harmoniously is vital for sustainable and effective
inter-local cooperation.
To establish a strong foundation for inter-local cooperation, we must consider the following
institutional aspects:
Common Base:
● Shared understanding and objectives
● Active involvement of local leadership
● A dedicated structure for coordination and decision-making
Strategic Planning:
● Developing a comprehensive plan that aligns with the needs and priorities of the
community
Capacity Building:
● Equipping LGU personnel with the necessary skills and knowledge to implement
projects effectively
A solid legal framework is essential for inter-local cooperation. Key legal considerations
include:
Financial sustainability is crucial for the long-term success of inter-local cooperation. Key
financial considerations include:
Shared Financing:
● A fair and equitable distribution of financial responsibilities among partner LGUs
Resource Mobilization:
● Exploring various funding sources, such as government grants, private sector
partnerships, and international aid
Efficient Financial Management:
● Implementing sound financial practices and transparent accountability mechanisms
This topic outlines the general rule for when inter-local cooperation is most effective: it's
ideal for public goods and services that require significant upfront investments and
benefit from economies of scale.
General Rule:
“Public goods and services that exhibit high capital cost especially when carried out by
individual local governments, or economies of scale where the unit cost of provision
decreases as the volume increases, are the common candidates for inter-local cooperation.”
or
General Rule: Inter-local cooperation is most suitable for public goods and services
that:
● Have high capital costs, making them difficult for individual local governments to
undertake.
● Exhibit economies of scale, meaning the unit cost of provision decreases as the
volume increases.
Areas where inter-local cooperation can be beneficial in the context of public services and
infrastructure development:
● High Capital Projects: Large-scale projects like highways, major roads, affordable
housing, and water distribution systems are often too expensive for individual
municipalities to undertake. Sharing costs and resources through inter-local
cooperation can make these projects feasible.
● Moderate Capital Projects: Investments in amenities like recreation centers, libraries,
and sports facilities can be more affordable when shared among multiple localities.
2. Labor-Intensive Services for Dense Populations
● Public Safety: Sharing resources, training facilities, and equipment for police, fire,
and emergency medical services can be cost-effective in densely populated areas.
● Health and Human Services: Regional clinics, mental health services, and social
service centers can reduce costs and expand coverage to underserved areas.
1. Formal Agreements
Characteristics:
● Involve written, legally binding contracts.
● Clearly define obligations, expectations, and responsibilities of the cooperating
parties.
● Foster accountability and reduce ambiguities in the partnership.
Example: A formal agreement might be used to create a regional transit authority, where
multiple municipalities agree to pool resources and coordinate transportation services.
2. Informal Agreements
Characteristics:
● Relies on verbal agreements, implicit understandings, and handshake deals.
● Not bound by formal contracts.
● Rely on shared responsibilities and trust to achieve common goals.
Formal agreements offer greater legal protection and accountability, while informal
agreements can be more flexible and easier to establish.
Formalized Cooperation
This category of inter-local cooperation involves written, legally binding agreements
between local governments. These agreements outline specific terms, conditions, and
responsibilities for each participating entity.
Payment-for-Service Agreements:
● One local government provides a specific service to another.
● The service provider receives a fee from the recipient government.
● This arrangement is common for specialized services that one government might not
have the capacity to provide in-house.
Four Factors that encourage inter-local cooperation according LeRoux and Carr:
1. Economic Factors
- most common rationale for entering into a cooperation.
- Includes: increasing fiscal pressures, need to maintain if not reduce the cost of
services, improve services without raising taxes, and achieve cost efficiency and
savings via economies of scale.
- Advocates of inter-local cooperation state that the increasing number of
population and the latter's rising expectations on the quality of services
necessitate increasing resources to support them, but local governments are
constrained to raise taxes and even face stagnating revenue sources,
prompting them to look for ways to increase the service while maintaining the
cost.
- Public works projects like highways, water, sewage, solid waste management,
among others, are capital intensive goods and services, but at the same time exhibit
economies of scale where the unit cost of production decreases as the volume
increases. Thus, producing these goods and services via inter-local cooperation will
enable the participating local governments to avail of economy and efficiency gains
by spreading or sharing the cost of capital investment as well as cost of maintenance
and operations among the participating LGUs, and avoiding duplication of services.
Transaction Costs
- Of "Negotiating, monitoring and enforcing contract provisions" also form part of
the economic factors that help local governments to decide whether or not to enter
into a cooperation.
- The comparative costs of planning, adapting, and monitoring task completion
under alternative governing structures. The more formal and specific an
agreement, the greater the transaction costs are likely to be.
- If the gains from the cooperation are higher than the level of transaction costs,
then local governments are more likely to enter into a cooperation; otherwise,
they will seek other alternatives of service delivery.
2. Political Factors
- Local governments may enter into a cooperation because they share a common
purpose or political interest, and they believe that by banding together they have a
better chance of acquiring legitimacy for their cause, gaining access to political
leaders and decision- makers, and promoting appropriate or relevant policies within
the cooperation.
- The council-manager type of local government is known to favor inter-local
cooperation as shown by the study by Bartle and Swayze in 1997, indicating that
the presence of city managers influences significantly the creation of
inter-local cooperation.
- City managers or professional administrators may look forward to a long tenure in
government service. Thus, they are motivated to create a track record of being able
to promote minimum service standards and efficiency gains to help boost their
reputation, resulting in upward movement in the career ladder. The ability to promote
the economy and efficiency gains in service delivery "can also advance the individual
interests of local government officials". Elected local officials may become interested
in inter-local cooperation if it will bring them some electoral benefits. Confronted with
the twin pressures of increasing cost of service delivery on the one hand and limited
revenue raising powers on the other, elected local officials may be motivated to enter
into a cost-sharing agreement with neighboring local governments. After all, "saving
money through cooperation can serve as an important credit-claiming opportunity on
which elected officials can stake their reelection bids."
3. Legal Factors.
- Local governments perform functions and responsibilities delegated to them by the
national government as defined by national laws.
- Logically, it follows that the national laws provide the legal framework that guides
local governments in entering into a cooperation, and shape and constrain the nature
and extent of cooperative contractual agreement.
- In the Philippines, Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, allows local governments to enter into cooperative undertakings with
other local governments. Specifically, Section 33 of RA 7160 states that:
- Some of the challenges that deter the efficient and effective implementation of
inter-local cooperation are associated with "transaction costs related to coordination,
division and defection problems." Transaction costs occur when the conditions of
uncertainty, bounded rationality, information asymmetry and complexity of transaction
exist. The level or extent of transaction costs influences the decision whether or not
to organize an inter-local cooperation.
- Due to uncertainty and limited information, actors face high transaction costs in the
coordination activities of the cooperation and in determining if the cooperation will
continue to hold
Background:
● In 1992, both global and local events encouraged movements toward
decentralization.
○ Globally, the collapse of the USSR, the end of the Cold War, and the
redemocratization of Eastern Europe reduced support for centralized,
state-driven strategies. This shift was bolstered by the Reagan and Thatcher
administrations' push for privatization, promoting market-driven governance
over big government.
○ Locally, the People Power Revolution in the Philippines overthrew the Marcos
dictatorship, bringing Corazon Aquino to power.
● Aquino’s administration prioritized democratization, notably implementing land reform
to help landless peasants and promoting political decentralization by transferring
powers to local governments.
● These are realizations of long-held advocacies for decentralization and local
autonomy, surfacing as early as the Local Government Reform Policy (LGRP) of
1963. However, implementation challenges remain.
○ In Aklan, a province separated from Capiz, election studies showed that the
best candidate for mayor was an elementary school undergraduate, despite
modernizing qualifications and achievement.
● The enactment of R.A. 7160, the Local Government Code of 1991, by then president
Corazon Aquino was hailed as a response to the growing restiveness to cut the
umbilical cord that tied LGUs to imperial Manila; perceived to be the cause of stunted
growth and underdevelopment (Brillantes, 1997).
Furthermore, the Code increased LGU’s financial resources by: (1) broadening their taxing
powers, (2)providing a specific share from the national wealth exploited in the area, and (3)
increasing their share from national taxes i.e. internal revenue allotments (IRA), from 11% to
as much as 40% (Brillantes, 1997).
A devolution Master Plan (1993-1998) was formulated for the sustained implementation of
the Local Government Code. It had 3 Phases:
Phase One: Changeover (1992-1993) - transfer of devolved functions of LGUs;
Phase Two: Transition (1994-1996) - National Government Agencies (NGAs) and
LGUs institutionalize their adjustment to the decentralized scheme;
Phase Three: Stabilization (1997-onwards) - LGUs build adequate capacities
Some Best Practices
● Brillantes delivered a talk on "Devolution Works: Best Practices at the Local Level"
five years after implementation, during a time of change in management strategies in
the Philippines. Osborne and Gaebler's Reinventing Government argued for
governments to be more businesslike, and quality management performance
became a vogue in governmental reform. This led to renewed faith in local
governance, with faculty members from the Asian Institute of Management enrolling
in the NCPAG doctoral program.
● Galing Pook awards recognized local professionals and best practices to serve as
inspiration for other similarly situated LGUs.
● Concerned with creativity and innovation at the local level, award-giving institutions
such as Gantimpalang Panlingkod Pook (Galing Pook) Awards Program came about.
Galing Pook’s selection criteria included:
- Effectiveness of service delivery;
- Positive socio-economic and/or environmental impact;
- Promotion of people empowerment
- Transferability/replication
● The Konrad Adenauer Medal of Excellence (KAME) Award was launched by Konrad
Adenauer Stiftung (KAS) Philippines and the Local Government Development
Foundation (LOGODEF) in 1996. It is an award for the best-managed local
governments in the Philippines, given every 3 years during the term of a local
government official in honor of Konrad Adenaeur, one-time Mayor of Cologne,
Germany from 1921 to 1933 and the first Chancellor of the Federal Republic of
Germany. KAME is the only foreign award for LGUs recognized by the Senate of the
Philippines in its Resolution No. 681.
Some Challenges
Dependence on Internal Revenue Allotments (IRA)
● In 2005, 14 years after implementing the Code, the formula for distributing IRA was
revisited. The IRA is a system of sharing Bureau of Internal Revenue (BIR)
collections with LGUs. The formula entitles LGUs to a predetermined 40% share
distributed in two stages. First is the distribution among four types of LGU: provinces
23%; cities 23%; municipalities 34% and barangays 20%. The second determines
the share of each LGU based on three weighted criteria: population 50%, land area
25%, and equal distribution 25%.
Briefly, issues with the IRA formula were identified:
- IRA does not encourage LGUs to mobilize additional revenues. Further, the
IRA formula does not mandate LGUs to exercise their taxing powers fully;
- LGUs treat IRA as a substitute for local revenue - reflected in delays in
updating their real property values and the LGU revenue code;
- IRA does not take into account the level of development and fiscal capacity of
LGUs;
- Incremental revenues of provinces and municipalities do not match their
additional expenditure obligations
Measures have been proposed to improve the formula:
- Tax effort of LGUs and financial accountability should be included as a
criterion;
- IRA should be adjusted to address existing fiscal imbalances;
- The adjusted criteria should be as simple, transparent and predictable as the
existing one;
- Introduce a fiscal equalization grant mechanism to equalize differences in the
levels and costs of public service provision
Unfortunately, although there have been many proposed reformulations, none have
been adopted. Revising the IRA formula is currently a work in progress.
Local Policy-Making
● A rational approach to policy formulation is valuable. Moreover, one has to consider
that policy formulation and national security are embedded in a complex
environment, the elements of which include economic, socio-cultural and political
dimensions among others. Policy making is a conscious, deliberate, and calculated
move to direct LGUs towards a better future but at the same time inclusive of a
spectrum of competing needs and demands that should be factored into the
decisions.
● In a compendium of policy papers prepared by academics and practitioners
published in 2008 under the heading Local Policy Making: Strategies and
Constraints, the following views were presented towards improving capability-building
in local policy-making.
○ Sociological perspective - every locality is a collection of people with different
demographic characteristics, creating divisive interactions and claims which
vary according to age, gender, occupation, stratification, economic status, and
religion. These competing values and preferences must be resolved.
○ Political Perspective and Quality of Governance - The SWS Philippine survey
of the Asian Barometer Survey of 12 East Asian Countries, conducted by the
National Taiwan University in 2005-2007 applied, “quality of governance
indices.”The result showed the Philippines having had the poorest
performances in:
- Controlling corruption
- Responsiveness (extent government meets needs and expectations of
constituents)
- Electoral participation
- Political efficacy (citizens have influence on political decisions)
- Law-abiding government (extent to which officials abide by law)
○ Policy Science Perspective - From an academic stream, it was argued that
the rational approach to policy making may be applied at the local level. The
said approach advocated a five-stage process (problem-structuring,
forecasting policy consequences, recommending a preferred-policy
alternative, monitoring outputs, and evaluating outcomes/policy performance.
■ The LOGODEF LGCB local legislation experience at Sta. Maria,
Bulacan in 1998 illustrated that it is possible to raise the level of policy
making. To institutionalize the said experience, it was recommended
to:
● Launch a participatory approach that required the sanggunian
to hold sectoral consultations with various stakeholders; and
● Strengthen local institutional capacity of the Sangguniang
Bayan to link with research institutions and government and
non-government organization by providing for a technical
support staff (economists, sociologists, community
development workers) who can conduct multi-sectoral and
interdisciplinary assessment of the local policy environment.
○ Policy Audit - policy audit has been offered as a practical approach to local
policy making (Sosmenya:2008). A policy audit framework was supplied,
which identifies a list of critical codes which local legislatures must address
(i.e. administrative code, local revenue code, investment code, environmental
code, traffic code, health code, land use code, public market code, sanitation
and drainage code, water code and local security code). Said codes are
within the purview of the powers and functions which the Local Government
Code mandated.