ARTICLE X - LOCAL GOVERNMENT

General 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.

Constitutional Significance

The constitutional significance of Section 1 is that provinces, cities, and municipalities and barangays have been fixed as the standard territorial and political subdivisions of the Philippines. This manner of subdividing the Philippines cannot go out of existence except by a constitutional amendment. In other words, under Section 1 the right of provinces, cities, municipalities and barangays to exist as the political and territorial subdivisions of the State is no longer just a statutory right but a constitutional right.

(Bernas, 2002)

Units of local government

“Local government” has been described as “a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs.”

In a unitary system of government, such as the government under the Philippine Constitution, local government can only be an infra-sovereign subdivision of one sovereign nation. It cannot be an imperium in imperio. Local government in such a system can only mean a measure of autonomy and decentralization of the functions of government.

Section 1, Article X, identifies these political and territorial subdivisions as:

a.) Provinces A province is a political and territorial body corporate consisting of several municipalities and cities.

Cities and municipalities are political and territorial bodies composed of barrios (barangays) and are subordinate to a province. Highly urbanized cities, however, can be made independent of a province.

b.) MunicipalitiesThe municipality, consisting of a group of barangays, serves primarily as a general purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. (Sec. 440, Chapter 1, Title Two, Book III of the Local Government Code of 1991)

NOTE: The term “municipalities” as found in the Constitution is understood generically and includes “municipal districts. (Session of November 25, 1972)

c.) CitiesThe city, consisting of more urbanized and developed barangays, serves as a general-purpose government for the coordination and delivery of basic, regular, and direct services and effective governance of the inhabitants within its territorial jurisdiction. (Sec. 448, Chapter 1, Title Three, Book III of the Local Government Code of 1991)

d.) Barangays (formerly “barrios”)A barangay is the basic political and territorial self-governing body corporate and is subordinate to the municipality or city of which it forms a part. In spite of the association of the term “barangay”

with the autocratic rule of former President Marcos because of P.D. No. 557, declaring all barrios in the Philippines as barangays, the 1986 Constitutional Commission chose to retain it because of: (1) its historical significance in Asian history, (2) existing laws which use the term, and (3) contemporary references to it in political news reports.

e.) Autonomous RegionsAn Autonomous Region is a political and territorial subdivision that has a certain degree of freedom from the national government.

The Constitution allows only two autonomous regions: one for the Cordilleras and one for Muslim Mindanao. The creation of other autonomous regions, whether by dividing the Cordilleras or Muslim Mindanao into two or by creating others outside these two regions, can be accomplished only by constitutional amendment.

NOTE: As of 2014, the ARMM is the only autonomous region that has been created.

In addition to these, Article XVIII, Section 9 also recognizes the existence of sub-provinces which, however, may eventually be either converted to provinces or reverted to the mother province.

SECTION 2.

THE TERRITORIAL AND POLITICAL SUBDIVISIONS SHALL ENJOY LOCAL AUTONOMY.

1. LOCAL AUTONOMY

Purpose: to give the assurance that local autonomy will not only be for Muslim Mindanao and the Cordilleras but for all local units.

It is more than just decentralization.

Decentralization of administration: central government delegates administrative powers to political subdivisions in order to: - broaden the base of government

powers and; - in the process to make local

government more responsive and accountable and;

- ensure their fullest development as self-reliant communities and;

- make them more effective partners in the pursuit of national development and social progress.

Decentralization of power: an abdication of political power in favor of local government units declared to be autonomous.

- Government free to chart its own destiny and shape its future with minimum intervention from central government authorities

- Amounts to ‘self-immolation’

The concept of autonomy is relative. *Autonomy for local government in general will be less for the autonomous regions.

DECENTRALIZATION:

Decentralization of Administration

Central government delegates administrative powers to political subdivisions in order to:

broaden the base of government powers

in the process to make local government more responsive and accountable

ensure their fullest development as self-reliant communities

make them more effective partners in the pursuit of national development and social progress

Decentralization of Power

It is an abdication of political power in favor of local government units declared to be autonomous.

Government free to chart its own destiny and shape its future with minimum intervention from central government authorities.

Amounts to ‘self-immolation’

The constitution expanded the autonomy of local governments, but they have not been made imperium in imperio. (state within a state)

Congress may still impose limits on the powers of the local government.

The Commission on Audit may not reduce the allowance given to judges by the local governments. The Local Government Code authorizes local governments to give allowances to judges and decide how much this should be.

SECTION 3.

THE CONGRESS SHALL ENACT A LOCAL GOVERNMENT CODE THAT WHICH SHALL PROVIDE FOR A MORE RESPONSIVE AND

ACCOUNTABLE LOCAL GOVERNMENT STRUCTURE INSTITUTED THROUGH A SYSTEM OF

DECENTRALIZATION WITH EFFECTIVE MECHANISM OF RECALL, INITIATIVE, REFERENDUM AND ALLOCATE AMONG THE DIFFERENT LOCAL

GOVERNMENT UNITS THE POWERS, RESPONSIBILITIES AND RESOURCES, AND PROVIDE

FOR THE QUALIFICATIONS, ELECTIONS, APPOINTMENT AND REMOVAL, TERM, SALARIES, POWERS AND FUNCTIONS, AND DUTIES OF LOCAL

GOVERNMENT OFFICIALS, AND ALL MATTERS RELATING TO THE ORGANIZATION AND

OPERATION OF LOCAL UNITS.

Duty of the Congress:

1. Structuring of Local Governments Principal Guideline: The structure must be:

a. Responsive and accountableb. Instituted through a system

of decentralization structure A desired structure is

a) Sensitive to the needs of the locality

b) Sensitive to the needs of the electorate

c) Free from central government interference

Sensitivity to the needs of the Locality- The Local Government Code now

provides initiative and referendum on the local level to enable people to directly propose, enact or amend any ordinance.

- One instrument of immediate accountability is an effective system of Recall

RECALL - a procedure by which the tenure of the official may be terminated by a popular vote, and may be applied to both elective and appointed officials

The Law on Recall is now found in the local government Code Section 70.

LOCAL INITIATIVE:

Defined Legal process whereby the registered voters of an LGU may directly propose, enact or amend

an ordinance.

Exercised by All registered voters of the provinces, cities, municipalities and

barangays.

Procedure Petition proposing the adoption, enactment, repeal, or amendment of an ordinance filed with the sanggunian concerned by not less than:

1,000 in case of provinces and cities

100 in case of municipalities

50 in case of barangays

Effectivity 15 days after the Certification by the COMELEC that the proposition is approved by a majority of the votes casted.

Limitations (1) The power of local initiative shall not be exercised more than once a year.

(2) Initiative shall extend only to subjects or matters which are within the legal powers of the sanggunians to enact.

(3) If at any time before the

initiative is held, the sanggunian concerned adopts in toto the proposition presented and the local chief executive approves the same, the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative.

Limitations upon Sanggunians

Any proposition or ordinance approved through the system of initiative and referendum shall not be repealed, modified, or amended by the sanggunian concerned within six (6) months from the date of the approval thereof and may be amended, modified, or repealed by the sanggunian within three (3) years thereafter by a vote of three-fourths (3/4) of all its members. Provided that in case of barangays, the period shall be eighteen (18) months.

PROCESS FOR LOCAL INITIATIVE: INITIATIVE v. REFERENDUMLOCAL INITIATIVE LOCAL REFERENDUM

It’s resorted to or initiated by the people directly either because (1) the law-making body fails or refuses to enact the law, ordinance, resolution or act that they desire or because (2) they want to amend or modify one already existing.

The law-making body submits to the registered voters of its territorial jurisdiction, for approval or rejection, any ordinance or resolution which is duly enacted or approved by such lawmaking authority.

Conducted under the control and direction of the COMELEC

Entirely the work of the electorate

Begun and consented to by the law-making body.

Process of law-making by the people themselves without the participation or against the wishes of their elected representatives.

Consists merely of the electorate approving or rejecting what has been drawn up or enacted by a legislative body.

RECALLGround for recall: Loss of confidenceRight given to: Registered voters of an LGU

to which the local elective official subject to recall belongs.

Commencement of the recall process

By a petition of a registered voter supported by:

(1) 25% of registered voters if LGU has population not more than 20,000

(2) 20% of registered voters if LGU has voting population of 20,000 to 75,000. in no case shall petitioners be less

Not less than 1,000 registered voters in case of provinces and cities, 100 in case of

municipalities, 50 in case of barangays may file a petition with the local legislative

body, respectively proposing the adoption, enactment, repeal, or amendment, of any

law, ordinance or resolution.

If no favorable action thereon is made by the local legislative body within 30 days from its presentation, the proponents

through their duly authorized and registered representatives may invoke their power of initiative, giving notice thereof to

the local legislative body concerned.

2 or more propositions may be submitted in an initiative.

Proponents shall have 90 days in case of provinces and cities, 60 days in case of municipalities, and 30 days in case of barangays, from notice to collect the

required number of signatures.

The petition shall be signed before the Election Registrar, or his designated representative, in the presence of a

representative of the proponent, and a representative of the regional assemblies and the local legislative bodies concerned

in a public place in the LGU.

If the required number of signatures is obtained, the COMELEC shall the set a date

for the initiative for approval of the proposition within sixty (60) days from the

date of certification by the COMELEC in case of provinces and cities, 45 days in case

of municipalities, and 30 days in case of barangays [Sec. 122, LGC]

than 5,000.(3) 15% of registered

voters if LGU has voting population of 75,000 to 300,000. In no case shall petitioners be less than 15,000.

(4) 10% of registered voters if LGU has voting population of more than 300,000. In no case shall petitioners be less than 45,000.

Election on recall (1) Barangay, city, or municipal officials: not later than 30 days from completion.

(2) Provincial officials: not later than 45 days from completion.

Effects to official sought to be recalled

Not allowed to resign while recall process is in progress.

Automatically considered as candidate and is entitled to be voted upon.

Effectivity of recall Upon election and proclamation of a successor. If the official sought to be recalled receive the highest number of votes, confidence in him is affirmed and he shall continue in office.

Limitations on recall

Local elective official may be subject of a recall election only once during his term of office for loss of confidence.

No recall shall take

place within one (1) year from the date of the official’s assumption to office or one (1) year immediately preceding a regular local election.

PROCESS OF RECALL:

Petition by a registered voted in the LGU concerned to the COMELEC, supported by

the necessary amount of registered voters.

Within 15 days from filing of the petition, the COMELEC must certify the sufficiency of the required number of signatures. Failure to obtain the required number shall result

in the automatic nullification of the petition.

Within 3 days from certification of sufficiency, COMELEC shall:

(1) Provide the official subject of recall with a copy of the petition;

(2) Cause its publication for 3 weeks in a national newspaper and a local newspaper of general circulation;

(3) Cause its posting for 10 to 20 days at conspicuous.

COMELEC verifies and authenticates the signatures.

COMELEC announces the acceptance of candidates for the recall election, the

official subject of the recall being automatically included in the list.

COMELEC shall set the election within 30 days upon completion of the above

procedure, LGC in barangays, cities, and municipalities; or within 45 days in

provinces.

LOCAL REFERENDUM:

The legal processes whereby the registered voters of the local government may approve, amend, or reject any ordinance enacted by the Sanggunian.

2. Allocation of powers, responsibilities, and resources of LGUs and local officials- The present structure consists of an

executive which is distinct to the legislative body.

- The Congress enacted RA 7160, the Local Government Code

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 THE PRESCRIBED POWERS

AND FUNCTIONS.”

I. THE PRESIDENT AND LOCAL GOVERNMENTS

The first sentence of Section 4 prescribes the relation between the President and local governments.

Under the 1935 Constitution, the President was authorized to “exercise general supervision over all local government as may be provided by law.”

Thus, not only was the President given merely supervisory powers (not control), but he also possessed only so much supervisory powers as might be given by the statute.

General Supervision was seen during the deliberation of the Constitutional Commission as meaning no more than ensuring that laws are faithfully executed or that subordinate officers act within the law.

Illustration:

Sec. 187 of the Local Government Code authorizes the Secretary of Justice to pass judgment on the constitutionality and legality of a tax ordinances or revenue measures.- He does not thereby exercise the power

of control but only supervision.- He does not thereby dictate what the

law should be but merely ensures that the ordinance is in accordance with law.

The 1987 text has removed the phrase “as may be provided by law”. Because of such removal it was argued that no law could be provided regarding the power of the President over local governments and therefore the removal of the clause divested the President the power to investigate, suspend, discipline or remove local officials.

Notes:

Local autonomy is not instantly self-executing, it is subject to the passage of a local government code.

In spite of autonomy, the Constitution places the local government under the general supervision of the Executive.

The Congress is allowed to include in the local government code provisions for removal of local officials, which suggest that Congress may exercise removal powers and it can also delegate its exercise to the President.

II. HIERARCHICAL RELATION AMONG LOCAL UNITS

Section 4 also provides the general guidelines for the relations among local government units and sets up a hierarchy of supervisory relations.

The supervisory power of the superior local government unit is limited to ensuring “that the acts of their component units are within the scope of their prescribed powers and functions. “

Illustration:Under Sec. 2233 of the Revised

Administrative Code, the provincial board can annul an act that “is beyond the powers conferred upon the (municipal) council or mayor making the same.”

The power is limited to ensuring that the acts of the inferior local government unit are not ultra vires.

Note:

The superior unit is not authorized to substitute its judgment in discretionary matters for that of the inferior unit.

SECTION 5.

EACH LOCAL GOVERNMENT UNIT SHALL HAVE THE POWER TO CREATE ITS OWN SOURCES OF

REVENUES AND LEVY TAXES, FESS, 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 GOVERNMENT.

It is established Philippine jurisprudence that municipal corporation possess no inherent power to tax.

Under the 1973 Constitution, the taxation powers of municipal corporations were embodied in the Local Autonomy Act of 1959, the Assessment Law, the Barrio Charter, and the charter of cities.

Although the trend was towards broadening the fiscal powers of the municipal corporation, it is still the discretion of the Legislature to expand or contract these powers.

The other sources of revenue of municipal corporations are:

o Internal revenue allotments from the national government

o Lease of public utilitieso Direct national aido Miscellaneous sources like tuition fees

Section 5 does not change the doctrine that municipal corporations do not possess inherent power of taxation. What it does is to confer municipal corporations a general power to levy taxes as a source of revenue.

“Subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy”

The original proposal did not intend to authorize Congress to impose “limitations” but only “guidelines”

However, Commissioner Padilla argued that unless Congress had the power to impose “limitations,” Congress would be powerless to reverse actions taken by local government. Further, the tenor of it was the assurance that traditional limitations applicable to Congress would also apply to local governments.

In line with this, Commissioner Davide proposed the addition of the phrase “consistent with the basic policy of local autonomy” which was also approved.

Yet, it is understood that taxes imposed by local governments must be for a public purpose, uniform within locality, must not be confiscatory, and must be within the jurisdiction of the local unit to pass.

SOURCES OF LGU FUNDS:

1. Own sources of revenues.

2. Taxes, fees, and charges which accrue exclusively for their use and disposition.

3. Just share in national taxes which shall be automatically and directly released to them.

4. Equitable share in the proceeds from utilization and development of national wealth and resources within their territorial jurisdiction.

The other sources of revenue of municipal corporations are: Internal revenue allotments from the

national government Lease of public utilities

Direct national aid Miscellaneous sources like tuition fees

Although the trend was towards broadening the fiscal powers of the municipal corporation, it is still the discretion of the Legislature to expand or contract these powers.

FUNDAMENTAL PRINCIPLES ON TAXATION BY AN LGU (SEC. 130, LGC)

1. Taxation shall be uniform;

2. Taxes, fees, and charges shall be equitable and based as far as practicable on the taxpayer’s ability to pay;

3. Levied and collected only for a public purpose;

4. Shall not be unjust, excessive, oppressive, or confiscatory;

5. The collection of taxes, fees, and charges shall in no case be left to a private person;

6. The revenue shall insure solely to the LGU, unless otherwise specified;

7. Each LGU shall, as far as practicable, evolve a progressive system of taxation;

8. Shall not be contrary to law, public policy, national economic policy, or in restraint of trade.

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.

Share in the National Taxes

-Another source of revenue for local units

-Amount is determined by law

-Distinct from the taxes which the local government itself might impose

-Automatic release of the share of local governmental taxes

Administrative Order No. 372 of President RamosSec. 1 All government departments and agencies, including state universities and colleges, government-owned and controlled corporations and local government units will identify and implement measures in FY 1998 that will reduce total expenditures for the year by at least 25% of authorized regular appropriations for non-personal services items, along the following suggested areas.

Sec. 4 Pending the assessment and evaluation by the Development Budget Coordinating Committee of the emerging fiscal situation the amount equivalent to 10% of the internal revenue allotment to local government units shall be withheld.

-Sec. 1 could be read as merely advisory and therefore not an attempt to exercise control over local government

-Sec. 4 was found to be in contravention of Sec. 286 of the Local Government Code and of Section 6, Article X of the Constitution, providing for automatic release of the hare of local governments in national revenues

-To subject its distribution and release to the vagaries of the implementing rules and regulations, including the guidelines and mechanisms unilaterally prescribed by the Oversight Committee from time to time, as sanctioned by the assailed provisos in the GAA of 1999, 2000, 2001 and the OCD resolution, makes the release not automatic and a flagrant violation of the constitutional and statutory mandate that the "just share" of the LGU shall be released to them.

-Neither Congress nor the Executive may impose conditions on release

-The Constitution enjoins the legislative not to pass laws that might prevent the executive from performing its duty to automatically release the just share of the of local governments in the national taxes

-The local units must be created according to uniform and non-discriminatory criteria prescribed by the Local Government Code to maintain a fair and equitable distribution of national taxes.

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 DIRECTING BENEFITS.

Share in the proceeds from the exploitation and development of natural resources found within the locality is a source of revenue for local governments.

This can take the form of financial benefits for the local units.

Example: Share in fees, charges, and other incomes coming from development

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.

This section

1) sets the term at three years; and2) prohibits local officials from serving for

more than three consecutive terms.

However, these two limitations do not apply to barangay officials whose term and number of allowable terms may be set by law.

SECTION 9.

LEGISLATIVE BODIES OF LOCAL GOVERNMENT SHALL HAVE SECTORAL REPRESENTATION AS MAY BE

PRESCRIBED BY LAW.

The main objection against this provision was difficulty in the implementation.

Qualifications are determined by law. It is now provided for in the Local Government

Code.

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.

Creation, division, merger, abolition, substantial change or boundary.

It is a legacy from the 1973 Constitution.

According to the Pelaez case, the authority to create municipal corporations is essentially legislative in nature.

However, the power to fix such common boundary, in order to avoid or settle conflicts of jurisdiction between adjoining municipalities, may partake of an administrative nature involving as it does, the adoption of means to carry into effect the law creating the municipalities.

Division in effect creates a new municipality, and both dissolution and merger in effect abolish a legal

creation, it may be fairly inferred that they are also legislative in nature.

CREATION: SPECIFIC REQUIREMENTS

PROVINCE

Income Average annual income of not less than P 20 Million,

based on 1991 constant prices.

Territory Contiguous territory of at least, 2,000

square kilometers.

Population 250,000 inhabitants

CITY

Income Average annual income of not less than P 100 Million,

based on 2000 constant prices.

Territory Contiguous territory of at least, 100 square

kilometers.

Population 150,000 inhabitants

MUNICIPALITY

Income Average annual income of not less than P 2.5 Million,

based on 1991 constant prices.

Territory Contiguous territory of at least, 50 square

kilometers.

Population 25,000 inhabitants

VERIFIABLE INDICATORS OF VIABILITY AND PROJECTED CAPACITY TO PROVIDE SERVICES:

1. Income- must be sufficient to provide for all the essential government facilities and services commensurate with the size of its population.

Covers the income accruing to the general fund, exclusive of special funds, transfers, and non-recurring income.

2. Population- total number of inhabitants within the territorial jurisdiction of the local government unit concerned;

3. Land area- must be:

a)Contiguous, unless it comprises of two or more islands or is separated by an LGU independent of the others;

b) Properly identified by metes and bounds with descriptions;

c) Sufficient to provide for such basic services and facilities to meet the requirements of its populace.

NOTE:

Provinces and Cities must satisfy the income requirement, and EITHER population or territory.

BARANGAY

Income No minimum requirement.

Territory No minimum requirement.

Population 2,000 inhabitants and 5,000 for barangays in

cities and municipalities within

Metro Manila and highly urbanized

cities.

Barangays have no minimum requirement for area and income.

DIVISION AND MERGER

• Division and merger shall comply with the same requirements prescribed for their creation:

Provided: such division shall not reduce the income, population, or land area of the LGU concerned to less than the minimum requirements prescribed.

Provided: the income classification of the original LGU shall not fall below its current classification prior to the division.

EFFECTS OF MERGER

(1) Legal existence and right of office of the annexed LGU are terminated.

(2) Laws and ordinances of the annexing LGU shall prevail.

(3) Title to property is acquired by the annexing LGU.

(4) Debts are assumed by the annexing LGU.

EFFECTS OF DIVISION

(1) Legal existence of the original LGU is extinguished.

(2) The property, rights, and powers are acquired by the dividing LGUs.

ABOLITION:

An LGU may be abolished when its income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation.

(a) Certified by the national agencies concerned to the Congress or the sanggunian, as the case may be.

(b) Does result in an automatic cessation of the LGU; Congress or the sanggunian concerned must pass a law or ordinance for the abolition, such must be subjected to a plebiscite.

DISSOLUTION MAY NOT OCCUR WHEN:

(1) Non-user or surrender of charter

(2) Failure to elect municipal officers

(3) Change of sovereignty

(4) Change of name

SECTION 11

THE CONGRESS MAY, BY LAW, CREATE SPECIAL METROPOLITAN POLITICAL SUBDIVISIONS, SUBJECT TO

A PLEBISCITE AS SET FORTH IN SECTION 10 HEREOF. THE COMPONENT CITIES AND MUNICIPALITIES SHALL

RETAIN THEIR BASIC AUTONOMY AND SHALL BE ENTITLED TO THEIR OWN LOCAL EXECUTIVE AND

LEGISLATIVE ASSEMBLIES. THE JURISDICTION OF THE METROPOLITAN AUTHORITY THAT WILL THEREBY BE

CREATED SHALL BE LIMITED TO BASIC SERVICES REQUIRING COORDINATION.

METROPOLITAN POLITICAL SUBDIVISION:

(a) Created by Congress, subject to a plebiscite;

(b) Component cities/municipalities retain their basic autonomy and are entitled to create their own local executive and legislative assemblies;

(c) Metropolitan authority the will be created shall be limited to basic services requiring coordination;

(d) A juridical entity with municipal powers, police, eminent domain, and taxation powers exercised by a legislative assembly but only to the extent of providing basic services.

METROPOLITAN MANILA DEVELOPMENT AUTHORITY (MMDA):

Composed of twelve (12) cities and five (5) municipalities.

Through RA 7924, in 1995, Metropolitan Manila was declared as a special development and administrative region with authority to render basic services metro-wide.

No grant of police powers or legislative powers

Administrative agency

SEVEN BASIC SERVICES OFFERED BY THE MMDA:

(1) Development planning;

(2) Transport and traffic management;

(3) Solid waste disposal and management;

(4) Flood control and sewerage management;

(5) Urban renewal, zoning and land use planning and shelter services;

(6) Health and sanitation, urban protection, and pollution control;

(7) Public Safety.

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.

CLASSIFICATION OF CITIES:

1. Highly urbanized cities (HUCs) Independent of the province Determined by law Minimum population of 200,000 and an

annual income of no less than 500 million pesos based on 2008 constant prices.

2. Independent Component Cities (ICCs) Independent of the province As determined by their charter if

prohibited from voting for provincial officers

Residents are not qualified to run for provincial posts

A minimum population on 150,000 and an annual income of 350 million pesos based on 2008 constant prices.

3. Component Cities (CCs) Deemed part of the province Residents may vote or be voted for in

provincial elections Did not meet the preceding

requirements

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.

The authority to decide whether to enter into group efforts is given to the units themselves.

Another guarantee of local autonomy.

Helpful to units who have not been formed into a special metropolitan subdivision.

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.

REGIONAL DEVELOPMENT COUNCILS:

The purpose of this provision is to foster the administrative decentralization as a complement to political decentralization. This is meant to allow bottom-to-top planning rather than reverse.

The power to form these development councils is given to the President. He does not need to wait for the authorization from Congress.

AUTONOMOUS REGIONS

(Section 15-21)

SECTION 15

THERE SHALL BE CREATED AUTONOMOUS REGIONS IN MUSLIM MINDANAO AND IN THE CORDILLERAS

CONSISTING OF PROVINCES, CITIES, MUNICIPALITIES, AND GEOGRAPHICAL AREAS SHARING COMMON AND DISTINCTIVE HISTORICAL AND CULTURAL HERITAGE, ECONOMIC AND SOCIAL STRUCTURES, AND OTHER

RELEVANT CHARACTERISTICS WITHIN THE FRAMEWORK OF THIS CONSTITUTION AND THE

NATIONAL SOVEREIGNTY AS WELL AS TERRITORIAL INTEGRITY OF THE REPUBLIC OF THE PHILIPPINES.

WHY AND HOW MANY AUTONOMOUS REGIONS?

Autonomous regions shall consist of “provinces, cities, municipalities, and geographic areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework” of one sovereign nation.

Only the Cordilleras (CAR) and the areas of Muslim Mindanao (ARMM) are given the distinctive privilege of forming autonomous regions.

Forming autonomous regions is in fact more than just a question of privilege for these two regions. It is a question of right.

The basis for the establishment of autonomous regions is diversity of cultures and not just geographic accident.

The creation of the autonomous regions does not mean the establishment of sovereignties distinct from that of the Republic.

May only be established within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

The President of the Philippines exercises general supervision over such region.

AUTONOMOUS REGIONS

Created via organic act for each autonomous region, with participation of the regional consultative commission,

defines the basic structure of government for the region for both the executive department and legislative assemblies

provides for special courts with personal, family, and property law jurisdiction

SECTION 16

THE PRESIDENT SHALL EXERCISE GENERAL SUPERVISION OVER AUTONOMOUS REGIONS TO ENSURE THAT LAWS ARE FAITHFULLY EXECUTED.

The power of the President over autonomous regions is the same as his power over local governments – only one of “general supervision”

The power to ensure that subordinate officers execute and act within existing laws.

The provision also curtails the power of Congress over autonomous regions.

SECTION 17

ALL POWERS, FUNCTIONS, AND RESPONSIBILITIES NOT GRANTED BY THIS CONSTITUTION OR BY LAW TO THE

AUTONOMOUS REGIONS SHALL BE VESTED IN THE NATIONAL GOVERNMENT.

Autonomous regions are local units which are given “enumerated powers.”

Powers that are not included in the enumeration and not implicit in those enumerated remain vested in the national government.

SECTION 18

THE CONGRESS SHALL ENACT AN ORGANIC ACT FOR EACH AUTONOMOUS REGION WITH THE ASSISTANCE

AND PARTICIPATION OF THE REGIONAL CONSULTATIVE COMMISSION COMPOSED OF

REPRESENTATIVES APPOINTED BY THE PRESIDENT FROM A LIST OF NOMINEES FROM MULTI-SECTORAL

BODIES. THE ORGANIC ACT SHALL DEFINE THE BASIC STRUCTURE OF GOVERNMENT FOR THE REGION

CONSISTING OF THE EXECUTIVE DEPARTMENT AND LEGISLATIVE ASSEMBLY, BOTH OF WHICH SHALL BE

ELECTIVE AND REPRESENTATIVE OF THE CONSTITUENT POLITICAL UNITS.

THE ORGANIC ACTS SHALL LIKEWISE PROVIDE FOR SPECIAL COURTS WITH PERSONAL, FAMILY, AND

PROPERTY LAW JURISDICTION CONSISTENT WITH THE PROVISIONS OF THIS CONSTITUTION AND NATIONAL

LAWS.

THE CREATION OF THE AUTONOMOUS REGION SHALL BE EFFECTIVE WHEN APPROVED BY MAJORITY OF THE

VOTES CAST BY THE CONSTITUENT UNITS IN A PLEBISCITE CALLED FOR THE PURPOSE, PROVIDED THAT ONLY PROVINCES, CITIES, AND GEOGRAPHIC

AREAS VOTING FAVORABLY IN SUCH PLEBISCITE SHALL BE INCLUDED IN THE AUTONOMOUS REGION.

ORGANIC ACT:

Contains the structure of government for the autonomous region and the powers of the autonomous region.

Creation of the autonomous region must be ratified in a plebiscite.

This in itself will in legal category be a statute.

Provision cannot be amended by an ordinary statute.

Matters not covered by the Organic act are governed by the Revised Administrative Code:

Foreign affairs

National defense

Postal service

Coinage and fiscal and monetary policies

Administration of justice

Quarantine

Matters not covered by the Organic act are governed by the Revised Administrative Code:

Customs and tariff

Citizenship

Naturalization, immigration and deportation

General auditing, civil service, elections

Foreign trade

Maritime, land and air transportation and communication affecting areas outside of the ARMM

Patents, trademarks, trade-names, and copyrights

SECTION 19

THE FIRST CONGRESS ELECTED UNDER THIS CONSTITUTION SHALL, WITHIN EIGHTEEN MONTHS

FROM THE TIME OF ORGANIZATION OF BOTH HOUSES, PASS THE ORGANIC ACTS FOR THE AUTONOMOUS

REGIONS IN MUSLIM MINDANAO AND THE CORDILLERAS.

Commands the Congress, with the assistance and participation of the regional consultative commissions, to pass the Organic Acts within 18 months from the time of its organization.

The period of 18 months, although relatively short , is meant to emphasize the urgency of creating the autonomous regions as a means for solving serious peace and order issues.

SECTION 20

WITHIN ITS TERRITORIAL JURISDICTION AND SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION AND

NATIONAL LAWS, THE ORGANIC ACT OF AUTONOMOUS REGIONS 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.

In its first 8 paragraphs it enumerates the irreducible legislative powers conferred by the Constitution on autonomous regions.

The grant of power is subject to the provisions of the Constitutions and national laws.

SECTION 21

THE PRESERVATION OF PEACE AND ORDER WITHIN THE REGIONS SHALL BE THE RESPONSIBILITY OF THE

LOCAL POLICE AGENCIES WHICH SHALL BE ORGANIZED, MAINTAINED, SUPERVISED, AND UTILIZED IN

ACCORDANCE WITH APPLICABLE LAWS. THE DEFENSE AND SECURITY OF THE REGIONS SHALL BE THE

RESPONSIBILITY OF THE NATIONAL GOVERNMENT.

Makes a distinction between the problem of internal peace and order and the problem of national defense.

PEACE AND ORDER, DEFENSE AND NATIONAL SECURITY

The problem of ordinary criminality is normally the concern of the local police authorities.

However, the organization, maintenance, and supervision of police agencies may in certain circumstances be beyond the capabilities of local governments.

As to national defense and security, that is, as to dealing with threats to the stability, integrity and survival of the nation, this clearly is the primary responsibility of the national government.