The document summarizes key provisions from the Local Government Code of 1991 regarding intergovernmental relations. It discusses the president's power of general supervision over local government units to ensure they act within their prescribed powers and functions. It also outlines duties of national agencies to coordinate with LGUs on projects, consult communities on potential environmental impacts, and acquire prior approval from local sanggunians. The document provides context and examples from court cases to clarify the differences between supervision and control in an administrative law context.
1. THE LOCAL GOVERNMENT
CODE OF 1991
BOOK I CHAPTER III
INTERGOVERNMENTAL
RELATIONS
BY:
JEFFERSON B. DUNGCA, REPORTER
DR. ALFRED RIGOR, PROFESSOR, MPA 507
3. OBJECTIVES:
• To Give Enlightenment on the Provisions
of Sec. 25 – 27 of the Local Government
Code of 1991, with the aid of Decided
Cases.
• To be able to familiarized the class on the
powers and functions of the LGUs on its
expected intergovernmental functions in
dealing with the general public.
4. DEFINITION
OF TERMS:
• Local Autonomy - Autonomy comes from Greek word
“autonomia” which means “self” and “nomos” which means
“law”. When combined, it means “live under one’s own laws”.
• Local Autonomy is a highly valued feature of good
governance. In the Philippines, the Principle does not make
Local Governments sovereign within the country, rather, it
only means decentralization.
• National government - is the government, or political
authority, that controls the entire nation. Its power is derived
from as the supreme authority allowed by its stated and
accepted constitution.
• Local Government - It refers to the political subdivision of a
nation which is constituted by law and has substantial
control of local affairs with officials elected as otherwise
locally selected.
5. MAIN TOPIC: ARTICLE I - NATIONAL
GOVERNMENT AND LOCAL GOVERNMENT
UNITS
SECTION 25. National Supervision over Local Government Units. –
• (a) Consistent with the basic policy on local autonomy, the President shall exercise general supervision over
local government units to ensure that their acts are within the scope of their prescribed powers and
functions.
• The President shall exercise supervisory authority directly over provinces, highly urbanized cities, and
independent component cities; through the province with respect to component cities and municipalities;
and through the city and municipality with respect to barangays.
• (b) National agencies and offices with project implementation functions shall coordinate with one another
and with the local government units concerned in the discharge of these functions. They shall ensure the
participation of local government units both in the planning and implementation of said national projects.
• (c) The President may, upon request of the local government unit concerned, direct the appropriate national
agency to provide financial, technical, or other forms of assistance to the local government unit. Such
assistance shall be extended at no extra cost to the local government unit concerned.
• (d) National agencies and offices including government-owned or -controlled corporations with field units or
branches in a province, city, or municipality shall furnish the local chief executive concerned, for his
information and guidance, monthly reports including duly certified budgetary allocations and expenditures.
6. SECTION 25: WHAT DOES “GENERAL
SUPERVISION” REALLY MEANS …….BHE?
• The Constitution vests the President with the power of supervision, not control,
over local government units (LGUs). Such power enables him to see to it that
LGUs and their officials execute their tasks in accordance with law. Section 4
of Article X of the 1987 Constitution
• While he may issue advisories and seek their cooperation in solving economic
difficulties, he cannot prevent them from performing their tasks and using
available resources to achieve their goals.
7. KAYA NGA BHE,,.. PRESIDENT’S POWER OF
SUPERVISION OVER LOCAL GOVERNMENT
OFFICIALS WITH THAT OF HIS POWER OF
CONTROL OVER EXECUTIVE OFFICIALS OF THE
NATIONAL GOVERNMENT. .. ANO NGA BA KASI
DIFFERENCE NILA?
• In administrative law, supervision means overseeing or the power or authority of an
officer to see that subordinate officers perform their duties. If the latter fail or neglect
to fulfill them, the former may take such action or step as prescribed by law to make
them perform their duties.
• Control, on the other hand, means the power of an officer to alter or modify or nullify
or set aside what a subordinate officer has done in the performance of his duties and
to substitute the judgment of the former for that of the latter.” Mondano v. Silvosa
97 Phil. 143, 5/30/55
8. LAST NA ‘TO
The difference between control and supervision was further delineated.
Officers in control lay down the rules in the performance or accomplishment of an act. If
these rules are not followed, they may, in their discretion, order the act undone or redone by
their subordinates or even decide to do it themselves.
On the other hand, supervision does not cover such authority. Supervising officials merely see
to it that the rules are followed, but they themselves do not lay down such rules, nor do they
have the discretion to modify or replace them. If the rules are not observed, they may order
the work done or redone, but only to conform to such rules. They may not prescribe their own
manner of execution of the act. They have no discretion on this matter except to see to it that
the rules are followed.
Drilon v. Lim 235 SCRA 135, 8/4/94
9. SECTION 26. DUTY OF NATIONAL
GOVERNMENT AGENCIES IN THE
MAINTENANCE OF ECOLOGICAL BALANCE.
• It shall be the duty of every national agency or government-owned or -
controlled corporation authorizing or involved in the planning and
implementation of any project or program that may cause pollution,
climatic change, depletion of non-renewable resources, loss of cropland,
rangeland, or forest cover, and extinction of animal or plant species, to
consult with the local government units, non-governmental organizations,
and other sectors concerned and explain the goals and objectives of the
project or program, its impact upon the people and the community in terms
of environmental or ecological balance, and the measures that will be
undertaken to prevent or minimize the adverse effects thereof.
10. PROJECTS OR PROGRAMS WHOSE EFFECTS
MAY BRING: (FROM PLANNING TO
IMPLEMENTATION AND MEASURES)
• pollution,
• climatic change,
• depletion of non-renewable resources,
• loss of cropland, rangeland, or forest cover,
• and extinction of animal or plant species.
11. NICE TO KNOW LANG PO
Oposa vs Factoran
GR No. 101083; July 30 1993
FACTS:
• A taxpayer’s class suit was filed by minors Juan Antonio Oposa, et al., representing their generation and
generations yet unborn, and represented by their parents against Fulgencio Factoran Jr., Secretary of DENR.
They prayed that judgment be rendered ordering the defendant, his agents, representatives and other persons
acting in his behalf to:
1. Cancel all existing Timber Licensing Agreements (TLA) in the country;
2. Cease and desist from receiving, accepting, processing, renewing, or appraising new TLAs;
• and granting the plaintiffs “such other reliefs just and equitable under the premises.” They alleged that they
have a clear and constitutional right to a balanced and healthful ecology and are entitled to protection by the
State in its capacity as parens patriae. Furthermore, they claim that the act of the defendant in allowing TLA
holders to cut and deforest the remaining forests constitutes a misappropriation and/or impairment of the
natural resources property he holds in trust for the benefit of the plaintiff minors and succeeding generations.
12. CONTINUATION…
ISSUE:
Do the petitioner-minors have a cause of action in filing a class suit to “prevent the
misappropriation or impairment of Philippine rainforests?”
RESOLUTION:
• The SC held Yes. Petitioner-minors assert that they represent their generation as well as generations to
come. The Supreme Court ruled that they can, for themselves, for others of their generation, and for the
succeeding generation, file a class suit. Their personality to sue in behalf of succeeding generations is based
on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is
concerned. Such a right considers the “rhythm and harmony of nature” which indispensably include, inter
alia, the judicious disposition, utilization, management, renewal and conservation of the country’s forest,
mineral, land, waters, fisheries, wildlife, offshore areas and other natural resources to the end that their
exploration, development, and utilization be equitably accessible to the present as well as the future
generations.
• Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for
the full enjoyment of a balanced and healthful ecology. Put a little differently, the minor’s assertion of their
right to a sound environment constitutes at the same time, the performance of their obligation to ensure
the protection of that right for the generations to come.
13. SECTION 27. PRIOR CONSULTATIONS
REQUIRED.
• No project or program shall be implemented by government authorities
unless the consultations mentioned in Sections 2 (c) and 26 hereof are
complied with, and prior approval of the sanggunian concerned is obtained:
Provided, That occupants in areas where such projects are to be
implemented shall not be evicted unless appropriate relocation sites have
been provided, in accordance with the provisions of the Constitution.
14. ADD TO LIST: NEW FORMULA FOR SECS. 26
AND 27
• pollution,
• climatic change,
• depletion of non-renewable resources,
• loss of cropland, rangeland, or forest cover,
• extinction of animal or plant species.
• And occupants in areas where such projects are to be implemented shall
not be evicted unless appropriate relocation sites have been provided.
15. ANO PO BA ITONG “PUBLIC
CONSULTATION”?
• When local governments and communities are publicly consulted by agencies or
companies, they can use their legal rights to enhance their bargaining power.
Local governments can not only claim better compensation from the project
sponsor (for example, through charging appropriate tax on mining operations,
and environmental and extraction fees as listed in the Local Government
Code), but also ensure there are sufficient safeguards against environmental
degradation.
• Where there are potentially adverse environment impacts of the activity, local
governments and civil society groups have collaborated to withhold their
consent on mining projects or issue a moratorium.
16. PRIOR CONSULTATION, HOW TO BE YOU
PO?
• No Hard and Fast Rule or Format, however, Written, Formal and Substantial is
the more preferred type.
• None the less, if the topic is about use of related Use of Modern Biotechnology, in
its closest sense, then Strictly and Religiously, follow the steps of the Joint-
Department Circular No. 01 series of 2016 of the DA-DOST-DENR-DOH-DILG .
• Officially released by the DILG under the Memorandum Circular No. 2018 – 121,
dated August 07 2018.
17. REFERENCES:
For the Commentaries:
The Local Government Code of 1991 Annotated
By Dean/ Atty. Rufus Rodriguez, 6th Edition
For the Cases:
www.scjudiciary.gov.ph
www.lawphil.com
