I. Principles of Local Autonomy Constitutional Provisions: •The State shall ensure the local autonomy of local governmentsThe territorial and political subdivisions shall enjoy local autonomy •The principle of local autonomy under the 1987 Constitution simply means “DECENTRALIZATION”. It does not make the local government sovereign within the state or animperium in imperio.

Autonomy is either:1.Decentralization of administration

no valid constitutional challengedelegation of administrative powers to broaden the base of governmental power. 2. Decentralization of power

abdication by the national government of political power in favor of the local government.

Congress retains control over the LGUs although significantly reduced under the Constitution. National legislature is still the principal of LGUs which cannot defy its will or modify or violate it.

Power to tax of LGU’s which cannot be withdrawn by mere statute. Any form of autonomy granted to local governments will necessarily be limited and confined within the extent allowed by the central authority.Exercise of local autonomy remains subject to:

1. power of control by Congress and2. general supervision by the President

Scope of President’s supervisory powers:

 •President can only interfere in the affairs and activities of a local government unit if he finds that the latter had acted contrary to law; •Cannot interfere in local affairs as long as the concerned local government unit acts within the parameters of the law and the Constitution; • Otherwise, violates the principle of local autonomy

and the doctrine of separation of powers. • Liga ng mga Barangay is not subject to the control by

the Chief Executive or his alter ego.

II. Delivery of Public Services The delivery of public services must be prompt and adequate to citizen’s needs. Cumbersome government procedures slows down the delivery of public service and increase transaction costs. Thus, we have the Anti-Red Tape Act (ARTA) of 2007 which requires the national departments, agencies and even LGU’s to set up their respective service standards known as Citizen’s Charter to simplify procedures and to facilitate transactions. 

III. Citizen’s Participation In promoting transparency, accountability and public participation, the government partners with Civil Society Organizations. Their participation has been noted in local development councils and special bodies.

IV. The Office of the Ombudsman •R.A. 6770 or the Ombudsman Act of 1989 which created the Office of the Ombudsman remains a pivotal role in ensuring integrity and deterring corruption in the public sector, as premised in the declaration of policy that the State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

•Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.

V. The Rule of Law •The framework of the rule of law serves as the foundation for a democratic society. Its effect on economic performance, social development and integrity infrastructure of the country is pervasive. Otherwise stated, the rule of law is a cornerstone to the improvement of public health, the safeguarding of citizens’ participation, of security and of the fight against poverty.

VI. Powers, Duties and Functions of the LCE •The Provincial Governor and Mayor, as the chief executive of the provincial and city and/or municipal government, is mandated to exercise powers and perform duties and functions necessary to promote the general welfare of the locality and its inhabitants.

•The governor shall ensure that the acts of the component cities and municipalities of the province and of its officials and employees are within the scope of his prescribed powers, duties and functions.

Common Powers, Duties and Functions (Governor & Mayor)

(1) Exercise general supervision and control over all programs, projects, services, and activities shall; (2) Enforce all laws and ordinances and the exercise of the appropriate Corporate Powers provided in (Rule IX and/or Section 22), and implement all approved policies, programs, projects, services and activities of the local government, in addition to, shall; (3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided in (Rule XXX and/or Section 18) , in addition to shall; (4) Ensure the delivery of basic services and the provision of adequate facilities provided in (Rule V and/or Section 17), & addition thereto, shall; (5) Exercise such other powers and perform such other duties and functions as may prescribed by law or ordinances; Veto power

• Governmental Powers of the LGU: 

1. General Welfare2. Basic Services and Facilities3. Power to Generate and Apply Resources4. Eminent Domain5. Reclassification of Lands6. Closure and Opening of Roads7. Local Legislative Power8. Authority over Police Units

A. General Welfare •General welfare clause – statutory grant of police power to LGU’s •Exercise powers expressly granted, necessarily implied, and powers necessary, appropriate or incidental for its efficient and effective governance and those which are essential to the promotion of the general welfare •within the respective territorial jurisdiction

1. Preservation and enrichment of culture2. Promote health and safety3. Enhance the right of the people to a balanced ecology4. Encourage and support the development of appropriate and self-reliant scientific and technological capabilities5. Improve public morals6. Enhance economic prosperity and social justice7. Promote full employment among its residents8. Maintain peace and order9.Preserve the comfort and convenience of their inhabitants 

Limitations:  1.Exercisable only within territorial limits EXCEPT for protection of water supply2.Equal protection clause3.Due process clause (means employees are reasonabl necessary and not unduly oppressive for the accomplishment of the purpose)4.Not contrary to the Constitution and the laws. 

Prohibited activities cannot be legalized in the guise of regulation.

  Activities allowed by law cannot be prohibited,

only regulated.  LGU may close a bank for failure to secure the

appropriate mayor’s permit and business licenses.

  Ordinance prohibiting the operation of casino is

invalid for being contrary to the Charter of PAGCOR (PD1869)

  Mayor authorized to issue permits and licenses

for the holding of activities for any charitable or welfare purposes.

Fundamental Principles governing financial affairs, transactions and operations of  the local government:

 1. No money shall be paid out of the local treasury

EXCEPT in pursuance of  appropriation ordinance or law.

2. Local government funds and monies shall be spent solely for public purpose.

3. Local revenue is generated only from sources expressly authorized by law or ordinance and collection shall at all times be acknowledged properly.

4. All monies officially received by a local government officer in any capacity shall be accounted for as local funds unless otherwise provided by law.

5. Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust was created or the funds received6. Every officer of the LGU whose duties permit or require the possession or custody of local funds shall be properly bonded and such officer shall be accountable and responsible for said funds and for safekeeping7. Local governments shall formulate sound financial plans and the local budgets shall be based on functions, activities and projects in terms of  expected results. 

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