- The document discusses decentralization and devolution in the Philippines. It outlines how responsibilities for basic services were devolved from national government agencies to local government units under the 1987 Constitution and 1991 Local Government Code. This included devolving responsibilities for agriculture, environment, health, education, social services, and infrastructure to provinces, cities, and municipalities. It also discusses the autonomous regions created for the Cordilleras and Muslim Mindanao (now Bangsamoro) and the powers granted to them.
2. OVERVIEW
CENTRALIZATION is the model for
development in the entire world until mid-
1980s.
In the Philippines negative impacts of the
centralized government are:
-corruption
-human rights violation
-poverty
-misuse of power of the leaders
3. OVERVIEW
The transfer of planning, decision
making or administrative authority
from the central government to its
field of organizations, local
governments, or nongovernment
organizations
Decentralization
4. OVERVIEW
4 MAJOR FORMS OF DECENTRALIZATION
some planning and
administrative
responsibility or public
functions are transferred
from government to
voluntary, private, or
nongovernment institutions
(PRIVITIZATION).
Transfer
the central government
relinquishes certain
functions or creates new
units of government that
are outside its control.
Devolution
decision making and
management authority for
specific functions is
delegated to organizations
that are not under the
direct control of central
ministries. (public
corporation, regional and
area planning development
authorities
Delegation
the redistribution of
administrative
responsibilities only with
the central government.
Deconcentration
5. • The Philippines adopted the DEVOLUTION form of
decentralized government
• It devolves the responsibility for the delivery of various aspects
of basic services to LGUs
6. The 1987 Constitution Of The Republic Of The Philippines
ARTICLE X
Local Government
The Local Government Code (1991)
Legal Basis of Devolution
7. AGENCIES DEVOLVED
DA
•
Department
Of
Agriculture
DENR
•Department Of
Environment
And Natural
Resources
DOH
• Department
Of Health
DPWH
•Department
Of Public
Works And
Highways
DEPED
•Department Of
Education
DSWD
•Department Of
Social Welfare
And
Development
DOT
•Department
Of Tourism
DOTC
• Department
Of
Transportati
on And
Communica
tion
HLURB
•Housing and
Land Use
Regulatory
Board
8. BASIC SERVICES AND FACILITIES DEVOLVED
DA • agricultural extension and on-site research
DENR • community-based forestry projects
DOH • field health and hospital services and other tertiary health services
DPWH • public works and infrastructure projects funded out of local funds
DECS • school building program
DSWD • social welfare services
DOT
• tourism facilities and tourism promotion and
development
DOTC • telecommunication services for provinces and cities
HLURB • Housing projects for provinces and cities
9. REGULATORY POWERS DEVOLVED
•Reclassification of
agricultural land
DAR
• Inspection Of Food
Products (NMIC)
DA
• Enforcement of
environmental laws
DENR
•Quarantine
DOH
•Enforcement of
national building
code
DPWH
•Operations Of
Tricycles
LTFRB-DOTC
•Processing And
Approval Of
Subdivision Plans
HLURB
• Establishment of
cockpits and holding
of cockfights
PGC
10. ENHANCED GOVERNMENT AND CORPORATE POWERS
• Full autonomy in the exercise of proprietary rights and
management of economic enterprise.
• Authority to secure domestic or foreign grants without
need of help of National Government approval
• Cooperative undertaking among LGUs
• Exemption from payment of customs duties for
imported heavy equipment
• Authority to extend loans to other LGUs and provide
assistance to calamity-stricken LGUs
11. — The LGUs shall, in addition
to their existing functions and
responsibilities, provide basic
services and facilities devolved
to them covering, but not
limited to:
LGC-ARTICLE 25.
Responsibility for
Delivery of Basic
Services and
Facilities.
12. Barangay
(a) Agricultural support services,
(b) Health and social welfare services, through maintenance
(c) Services and facilities related to general hygiene and sanitation,
beautification, and s olid waste collection;
(d) Administration and maintenance of the Katarungang Pambarangay;
(e) Maintenance of barangay roads and bridges and water supply systems;
(f) Infrastructure facilities such as multipurpose hall, multipurpose pavement,
plaza, sports center, and other similar facilities;
(g) Information and reading center; and
Responsibility for
Delivery of Basic
Services and Facilities.
13. (a) Agriculture and fishery extension and on-site research through:
(1) dispersal of livelihood and
poultry, fingerlings, and other
seeding materials for
agriculture;
(2) establishment and
maintenance of seed farms
(3) Enforcement of standards for
quality control or copra and
improvement and development
of local distribution channels,
preferably through cooperatives;
(4) Maintenance and
operation of interbarangay
irrigation system;
(5) Implementation of water
and soil resource utilization
and conservation projects;
and
(6) Enforcement of fishery
laws in municipal waters,
including conservation of
mangroves.
MUNICIPALITY
Responsibility for Delivery of
Basic Services and Facilities.
14. (c) provision of health services through:
(1) Implementation
of programs and
projects on primary
health care,
maternal and child
care, and
communicable and
non-communicable
disease control
services;
(2) Access to
secondary and
tertiary health
services; and
(3) Purchase of
medicines, medical
supplies, and
equipment needed
to carry out the
devolved health
services.
MUNICIPALITY
Responsibility for Delivery of
Basic Services and Facilities.
15. (d) Provision of social welfare services through:
(1) Programs and
projects for the
welfare of the
youth and
children, family
and community,
women, the
elderly, and the
disabled;
(2) Community-
based
rehabilitation
programs for
vagrants,
beggars, street
children,
scavengers,
juvenile
delinquents, and
victims of drug
abuse;
(3) Livelihood
and other pro-
poor projects;
(4) Nutrition
services; and
(5) Family
planning
services.
MUNICIPALITY
Responsibility for Delivery of
Basic Services and Facilities.
16. (e) Provision of information services
c. maintenance
of a public
library;
b. tax and
marketing
information
systems,
a. investment
and job
placement
information
systems,
(f) Provision of solid waste disposal or environmental
management systems and services or facilities related to
general hygiene and sanitation;
MUNICIPALITY
Responsibility for Delivery of
Basic Services and Facilities.
17. (g) Construction and maintenance of infrastructure facilities funded by the municipality
(1)
Municipal
roads and
bridges;
(2) School
buildings
and other
facilities for
public
elementary
and
secondary
schools;
(3) Clinics,
health
centers,
and other
health
facilities
necessary
to carry out
health
services;
(4)
Communal
irrigation,
small water
impoundin
g projects,
and other
similar
projects;
(5) Fish
ports;
(6)
Artesian
wells,
spring
developme
nt,
rainwater
collectors,
and water
supply
systems;
(7)
Seawalls,
dikes,
drainage
and
sewerage,
and flood
control;
(8) Traffic
signals
and road
signs; and
MUNICIPALITY
Responsibility for Delivery of
Basic Services and Facilities.
18. (h) Construction, maintenance, and
operation of municipal public markets,
slaughterhouses, and other economic
enterprises;
(i) Construction, maintenance, and operation
of municipal cemeteries;
(j) Construction, maintenance, and operation
of tourism facilities and other tourist
attractions, including acquisition of
equipment, regulation and supervision of
business concessions, and security services
for such facilities; and
(k) Provision of sites for police and fire
stations and substations and municipal jail.
MUNICIPALITY
Responsibility for Delivery of
Basic Services and Facilities.
19. (a) Agricultural extension and on-site research services and
facilities through:
(4) Transfer of
appropriate
technology.
(3) Assistance in the
organization of
farmer's and
fishermen's
cooperatives and
other collective
organizations; and
(2) Establishment and
maintenance of dairy
farms, livestock
markets, animal
breeding stations,
and artificial
insemination centers;
(1) Prevention and
control of plant and
animal pests and
diseases;
PROVINCE
RESPONSIBILITY FOR DELIVERY OF
BASIC SERVICES AND FACILITIES.
20. (b) Industrial research and
development services, as well
as transfer of appropriate
technology;
(c) Enforcement of forestry laws limited to
community-based forestry projects,
pollution control law, small-scale mining
law, and other laws on the protection of the
environment; and mini-hydroelectric
projects for local purposes;
(D) health services which
include hospitals and other
tertiary health services;
(e) social welfare services which include programs
and projects on rebel returnees and evacuees, relief
operations, and population development services;
(f) construction and maintenance of provincial buildings,
provincial jails, freedom parks and public assembly areas,
and other similar facilities;
PROVINCE
RESPONSIBILITY FOR DELIVERY OF
BASIC SERVICES AND FACILITIES.
21. (g) Construction and maintenance of infrastructure facilities
funded by the province to serve the needs of the residents
including, but not limited to:
(4) Other similar
facilities.
(3) Reclamation
projects; and
(2) Inter-municipal
waterworks,
drainage, and
sewerage, flood
control, and
irrigation systems;
(1) Provincial
roads and
bridges;
PROVINCE
RESPONSIBILITY FOR DELIVERY OF
BASIC SERVICES AND FACILITIES.
22. (h) Construction, maintenance,
and operation of municipal
public markets,
slaughterhouses, and other
economic enterprises;
(i) Construction, maintenance,
and operation of municipal
cemeteries;
(j) Construction, maintenance, and
operation of tourism facilities and other
tourist attractions, including acquisition of
equipment, regulation and supervision of
business concessions, and security
services for such facilities; and
(k) Provision of sites for police
and fire stations and substations
and municipal jail.
(h) Planning and implementation
of the programs and projects for
low-cost housing and other
mass dwellings
(i) Provision for investment
support services, including
access to credit financing;
PROVINCE
RESPONSIBILITY FOR DELIVERY OF
BASIC SERVICES AND FACILITIES.
23. (j) Upgrading and modernization of tax
information and collection services
through the use of computer hardware
and software and other means;
(k) Provision for intermunicipal
telecommunications services, subject to
national policy guidelines and
standards; and
(l) Planning and implementation of
tourism development and promotion
programs.
PROVINCE
RESPONSIBILITY FOR DELIVERY OF
BASIC SERVICES AND FACILITIES.
24. All services and facilities provided by the municipality
and the province and, in addition thereto, the following:
(a) Adequate
communication and
transportation facilities;
(b) Support services and
facilities for education,
police, and fire protection.
CITY
RESPONSIBILITY FOR DELIVERY OF
BASIC SERVICES AND FACILITIES.
25. ARTICLE 26. EXCEPTIONS
not covered by the devolution of basic services and facilities
— Public works and infrastructure projects and other facilities, programs,
and services funded by the National Government under the annual
General Appropriations Act, other special laws, and pertinent executive
orders, and those wholly or partially funded from foreign sources. except
in those cases where the LGU concerned is duly designated as the
implementing agency for such projects, facilities, programs, and services.
26. ARTICLE 27. Specification and Testing
of Materials and Procurement Systems.
— The designs, plans, specifications, testing of materials, and
procurement of equipment and materials from both foreign and local
sources necessary for the provision of basic services and facilities shall be
undertaken by the LGU based on national policies, standards, and
guidelines.
27. The NGAs concerned shall devolve to
LGUs the responsibility for the
provision of basic services and
facilities enumerated in this Rule
within six (6) months after the
affectivity of the Code on January 1,
1992.
ARTICLE 28.
Period of Devolution
Basic services and facilities shall be funded from
the share of LGU in the proceeds of national taxes,
other local revenues, and funding support from the
National Government and its instrumentalities
including GOCCs, tasked by law to establish and
maintain such services or facilities. Any available
fund or resource of LGUs shall first be allocated for
the provision of basic services and facilities before
using such fund or resource for other purposes,
unless otherwise provided under these Rules.
ARTICLE 29.
Funding
29. AUTONOMOUS REGIONS
Geographical areas sharing common
and distinctive historical and cultural
heritage, economic and social
structures, and other relevant
characteristics
30. The 1987 Constitution Of The Republic Of The Philippines
ARTICLE X
Local Government
Legal Basis Of The Creation Of
Autonomous Regions
31. AUTONOMOUS REGIONS
SECTION 15
There shall be created
autonomous regions in
Muslim Mindanao and
in the Cordilleras
consisting of provinces,
cities, municipalities,
and geographical areas
SECTION 16
The President shall
exercise general
supervision over
autonomous regions to
ensure that the laws are
faithfully executed.
32. SEC. 18.
The Congress shall enact an organic act
for each autonomous region
• With assistance and participation of
the regional consultative commission
composed of representatives
appointed by the President from a list
of nominees from multi-sectoral
bodies.
AUTONOMOUS REGIONS
• Define the basic structure of
government from the region
consisting of
1. The executive department
2. Legislative assembly
• 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.
33. AUTONOMOUS REGIONS
The creation of the autonomous regions
• shall be effective when approved by majority of the
votes cast by the constituent units in a plebiscite called
for the purpose,
• only provinces, cities, and geographic areas voting
favorably in such plebiscite shall be included in the
autonomous region.
34. AUTONOMOUS REGIONS
The creation of the autonomous regions
• shall be effective when approved by majority of the
votes cast by the constituent units in a plebiscite called
for the purpose,
• only provinces, cities, and geographic areas voting
favorably in such plebiscite shall be included in the
autonomous region.
35. 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.
AUTONOMOUS REGIONS
SECTION
20.
36. AUTONOMOUS REGIONS
THE ARMM
ď‚· The Autonomous Region in Muslim Mindanao
(ARMM) was created a few years after the Aquino
administration initiated dialogues with the Moro
National Liberation Front to resolve the Muslim
secessionist problem.
ď‚· ARMM conducted its first elections in 1990.
37. AUTONOMOUS REGIONS
THE ARMM
The Republic Act No. 6734, also known as Organic Act
for the Autonomous Region in Muslim Mindanao was
signed into law on August 1, 1989 by President Cory C.
Aquino and was ratified in a plebiscite in November
1989. It was composed of the four (4) provinces of
Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi.
38. AUTONOMOUS REGIONS
THE ARMM TO BANGSAMORO
Duterte signed the Bangsamoro Organic Law in July
2018.
• a parliamentary government
• a justice system based on Islamic law
• a 75 percent share of local revenues
• a yearly grant from the national government
equivalent to five percent of the entire country's
revenues.
39. AUTONOMOUS REGIONS
THE BANGSAMORO
The national government will maintain its authority over
constitutional and national issues such as foreign affairs and
defense.
The Bangsamoro government will have special authority in some
areas including budgeting, justice management, agriculture,
traditional laws, generating revenue sources, disaster risk reduction,
economic zones, ancestral domain, grants and donations, human
rights, public affairs, social services, tourism and trade and industry.
40. AUTONOMOUS REGIONS
THE CORDILLERA REGION
The Cordillera Administrative Region (CAR) was
established on July 15, 1987 through executive
Order No. 220 issued by President Corazon
Aquino. It is the only land-locked region of the
Philippines. The region consists of the provinces of
Abra, Apayao, Benguet, Ifugao, Kalinga, Mountain
Province and Apayao.
41. AUTONOMOUS REGIONS
• The first law Republic Act No. 6766, took effect on October
23, 1989 but failed to muster a majority vote in the plebiscite
on January 30, 1990.
• The second law, Republic Act No. 8438 passed by Congress
of the Philippines on December 22, 1997, also failed to pass
the approval of the Cordillera peoples in a region-wide
referendum on March 7, 1998.
Why the autonomy initiatives of Cordillera Autonomous
Region have failed?