ARTICLE X:

ARTICLE X: LOCAL GOVERNMENT

Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS
OF THE REPUBLIC OF THE PHILIPPINES ARE THE:
Composition:
1. Provinces
2. Cities;
3. Municipalities; and
4. Barangays

4.
5.

6.
7.

There shall be Autonomous regions in:

1. Muslim Mindanao, and
2. Cordileras [At present, it is only
Cordilera ADMINISTRATIVE region]

the

Note: 1. A third autonomous region would require

a constitutional amendment.
2. These political subdivisions, created by
the
Constitution
cannot
be
replaced
by
AMENDMENT, and not by law.
3. While Congress can abolish or eradicate
individual units, it cannot abolish an entire class of
LGUs
Section 2. Local Autonomy
1. All political subdivisions shall enjoy local
autonomy
2. This does not mean that the LGUs are
completely
free
from
the
central
government.
Judiciary may still pass on LGU actions
President may exercise disciplinary power over LGU
officials.
Section 3. 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.

Section 5. EACH LOCAL GOVERNMENT SHALL

HAVE THE POWER TO CREATE OWN SOURCES OF
REVENUE/LEVY TAXES, FEES AND CHARGES ETC.
Limitations on Power
It is subject to such guidelines and limitations
as Congress may provide.
See Local
Government Code for examples.
The guidelines set by Congress should be
consistent with the basic policy of local
autonomy.
o Accrual of taxes, fees, charges
o The taxes, fees and charges shall
accrue exclusively to the local
governments.
Section 6. LGUs SHALL HAVE A JUST SHARE IN
NATIONAL TAXES, AS DETERMINED BY LAW, WHICH
SHALL BE AUTOMATICALLY RELEASED TO THEM
Internal Revenue Allotment (IRA)
-

Section 4. PRESIDENTIAL SUPERVISION OF LGUS

1. The President exercises general supervision
over all LGUs
2. The President exercises DIRECT supervision
over
o Provinces
o Autonomous regions and
o Independent cities.
3. This power is limited to ensuring that lower
officers exercise their functions in accordance
with law.

The president cannot substitute his judgment

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 cities and municipalities.
Cities and municipalities exercise direct
supervision over component barangays.

Share of LGUs in national taxes is limited to

the internal revenue taxes.
The share of each LGU should be released,
without need of any further action, directly to
the provincial, city, municipal or barangay
treasurer. Release is made on a quarterly
basis within 5 days after the end of each
quarter.
The share of each LGU should not be subject
to any lien or holdback that may be imposed
by the national government for whatever
purpose.
Each LGU should appropriate in its annual
budget at least 20% of its annual IRA for
development projects.
Adjustments in IRA

Ground: Unmanageable public section deficit

President can make the necessary adjustments
in the IRA upon the recommendation of the
following:
o Department of Finance Secretary
o DILG Secretary
o DBM Secretary
IRA considered for purposes of conversion from
one political subdivision to the next. (Alvarez
v. Guingona)

Section 7. SHARE OF LGUS IN NATIONAL WEALTH

Share of LGUs in national wealth
LGUs are 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.
This includes share the same with the
inhabitants by way of direct benefits.
Under the LGC
1. LGUs have a share of 40% of the gross
collection
derived
by
the
national
government from the preceding fiscal year
from
a. Mining taxes
b. Royalties
c. Forestry and fishery charges
d. Other taxes, fees and charges
e. Share in any co-production, joint
venture or production sharing
agreement in the utilization and
development of the national wealth
w/in their territorial jurisdiction
Sec. 8. TERM OF OFFICE
Elective local officials, now including barangay
officials have a term of 3 years.
Limitations:
No elective official shall serve for more than 3
consecutive terms.
Voluntary renunciation of 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.
Sec. 9. SECTORAL REPRESENTATION IN LGUS
Legislative bodies of the local governments shall
have Sectoral Representation (under the LGC) as
may be provided by law
There should be representatives from:
1. The womens sector
2. The workers
3. Third sector (can choose from any of the
following)
a. Urban poor
b. Indigenous cultural communities
c. Disabled persons
d. Any other sector as may be
determined by the sanggunian
ELECTION OF SECTOR REPRESENTATIVES
Sec. 10. Creation, abolition and division of LGUs
Requisites
o Compliance with the requirements of
the Local Government Code; and
o Approved by a majority of the votes
cast in a plebiscite held in the political
units DIRECTLY affected.

Thus, a province is supposed to be divided into

2 separate provinces, plebiscite will include
voters of the ENTIRE province, and not just the
area to comprise the new province.
LGC requirements relate to matters such as
population, revenue, and area requirements.

Sec. 11. Metropolitan political subdivisions

Creation:
1. Congress may create special metropolitan
political subdivisions by law.
2. It is subject to a plebiscite
Jurisdiction of Metropolitan authority - It is limited
to basic services requiring coordination.
Basic Autonomy of Component Cities and
Municipalities
The component cities and municipalities retain
their basic autonomy
They shall be entitled to their own local
executive and legislative assemblies.
Sec. 12. CITIES: Classification of Cities:
1. Highly urbanized (as determined by law)
2. Component cities (cities still under
provincial control); and
3. Independent component cities (non-highly
urbanized
cities
whose
voters
are
prohibited by thecity charter from voting in
provincial elections)
Independence from the Province
Highly urbanized cities and independent
component cities are independent of the
province.
Component cities whose charter contain no
such prohibition are still under the control of
the province and its voters may still vote for
elective provincial officials.
Section 13. Coordination among LGUS
Consolidation and Coordination of Efforts, Services
and Resources
It is optional on the part of LGUs as shown by
the use of the word may
It can be done for purposes commonly
beneficial to them in accordance with the law.
Under LGC (Section 33)
Consolidation and coordination may be done
through appropriate ordinances.
A public hearing should be conducted and the
approval of the sanggunian obtained.
An LGU can:
o Contribute
funds,
real
estate,
equipment and other kinds of property
o Appoint/assign personnel under such
terms and conditions as may be
agreed upon by the participating LGUs
through Memoranda of Agreement.

Section 14. REGIONAL DEVELOPMENT COUNCILS

Who can provide for RDC? The President shall
provide for RDC or other similar bodies composed
of:
1. Local government officials
2. Regional heads of departments and other
government offices
3. Representatives of NGOS within the regions
For Purpose of:
1. Administrative decentralization
2. To strengthen local autonomy
3. To accelerate the economic and social
growth and development of the units in the
region
Section 15. AUTONOMOUS REGIONS
1. Muslim Mindanao
2. Cordillera region
Factors:
1. Historical heritage
2. Cultural heritage
3. Economic and social structures,
4. Other relevant characteristics within:
a. The framework of the consititution
b. National sovereignty
c. Territorial integrity.
Creation:
1. Provided by law.
2. EFFECTIVITY of such creation occurs only
when it is approved by a majority of the
votes cast in a plebiscite held among the
constituent units.
3. Only
those
Provinces,
Cities,
and
Geographical Areas voting favorably in
such plebiscite shall form part of the
autonomous region.
4. If only 1 province approved the law, NO
AUTONOMOUS REGION created, since the
constitution requires more than one
province to constitute one (like what
happened in the Cordillera plebiscite)
5. The question of which LGUs shall
constitute an autonomous region is one
which is exclusively for Congress to decide.

Section 16.
GENERAL SUPERVISION OVER
AUTONOMOUS REGIONS
By Whom: The President
Purpose: To ensure that the laws are faithfully
executed.
Sec. 17. All powers, functions and responsibilities
not granted by this Constitution or by law to the
autonomous region shall be vested in the National
Government. Examples:
1. Foreign relations,
2. National defense and Security
3. Monetary Affairs
Section 20. LEGISLATIVE POWERS
The Organic Act of Autonomous Region shall
provide for legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources
4. Personal, family and property relations
5. Regional, urban, and rural planning
development;
6. Economic,
social,
and
tourism
development;
7. Educational policies;
8. Preservation and development of the
cultural heritage; and
9. Such other matters as may be authorized
by law for the promotion of the general
welfare of the people of the region.
Limitations:
Subject to the provisions of the Constitution
and national laws
To be exercised within its territorial jurisdiction
Section 21.
PRESERVATION OF PEACE AND
ORDER/DEFENSE AND SECURITY
a. Peace and Order - It shall be the
responsibility of the local police agencies.
b. Defense and Security - It shall be the
responsibility of the national government.