4. Devolution Of Powers to Local
Governments
The concept of the local autonomy enshrined in the
fundamental law of the land has resulted to the
decentralization of considerable powers,
"the territorial and political subdivisions of the state
shall enjoy genuine and meaningful local autonomy to
enable them to attain thier fullest development as a self
reliant communities
5. Devolution Of Powers to Local
Governments
Imposition of duties, responsibilities
and accountabilities on LGUs must be
accompanied with provisionfor
reasonably adequate resourcesto
discharge their powers and effectively
carry out their functions.
o discharge thier powers
6. Devolution Of Powers to Local
Governments
• Power to create and broaden their
own source of revenue
• The right to a just share in national
taxes,
• The right to an equitable shar6e in
the proceeds of the utilization and
development of the national wealth
within their territorial jurisdiction
o discharge thier powers
8. Income
It must be sufficient, based on
acceptable standards, to provide
for all essential
government facilities and
services and special functions
commensurate with the size of
its
population, as expected of the
local government unit
concerned;
9. Population
It shall be determined as
the total number of
inhabitants within the
territorial
jurisdiction of the local
government unit
concerned; and
10. Land Area
It must be contiguous, unless it
comprises two or more islands or is
separated
by a local government unit
independent of the others; properly
identified by metes and
bounds with technical descriptions;
and sufficient to provide for such
basic services and
facilities to meet the requirements of
its populace
12. TWO-FOLD FUNCTIONS:
• for them to act as agencies
of the national government
in the charge of public or
governmental functions
2. for them to carry out
proprietary or business
function
13. General Functions
are those exercised in administering the powers
and prerogatives of the State as an attribute
sovereignity and in promoting the general or
public welfare.
Proprietary Functions - are those performed in
operating such corporate activities as markets,
slaughterhouses, municipal waterworks,
wharves, feeries and fisheries, parks, cemeteries
and the like.
14. Three Inherent Powers of
Government
WHAT IS INHERENT
POWER OF THE
STATE?
the power of the
government or state to
enforce and money
mandatory or compulsory
money contribution from
the people to support the
needs of the nation
25. Power of Eminent Domain
the Power of Eminent Domain allows
governments to take property if it is
needed for public use
26. Power of Eminent Domain
this includes power lines, sewers,
roads and other such takings
This does not include taking land
private economic development, or
does it?
27. Power of Eminent Domain
is the inherent right of the state (and
of those entities to which the power
has been lawfully delegated) to
condemn private property to public
use upon payment of just
compensation
28. Power of Eminent Domain
• The adequacy of the compensation
• The necessity of the taking
• The public use character of the
purpose of the taking
29. Power of Eminent Domain
No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of
the laws. To be considered as "illegal", such discrimination must
however be in violation of a specific law.
33. Power of Taxation
Local government units shall have the power and
authority to establish an organization that shall
be responsible for the efficient and effective
implementation of their development plans,
program, objectives and priority
34. Power of Taxation
to create their own sources of revenues and to
levy taxes, fes, and charges which shall accrue
exclusively for their use and disposition and
which shall retained by them; to have just share
in national taxes.
35. Power of Taxation
to create their own sources of revenues and to
levy taxes, fes, and charges which shall accrue
exclusively for their use and disposition and
which shall retained by them; to have just share
in national taxes.
36. Power of Taxation
The power to impose a tax, fee, or charge or to
generate revenue under this Code shall or to
generate revenue under this Code shall ve
exercised by the sanggunian of the local
government unit concerned through an
appopriate ordinance .
37. Power of Taxation
• Constitutional Limitations
• Inherent Powers
• Statutory Limitations
-LGUs' taxing and revenue raising powers are
limited. They can only impose taxes, fees and
charges the law may allow