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FISCAL
DECENTRALIZATION
IN THE PHILIPPINES
Fiscal Decentralization
in the Philippines




United Nations Human Settlements Programme
Nairobi 2011




                                             Sec1:iii
The Global Urban Economic Dialogue Series
Fiscal Decentralisation in Philippines

First published in Nairobi in 2011 by UN-HABITAT.
Copyright © United Nations Human Settlements Programme 2011



All rights reserved
United Nations Human Settlements Programme (UN-HABITAT)
P. O. Box 30030, 00100 Nairobi GPO KENYA
Tel: 254-020-7623120 (Central Office)
www.unhabitat.org



HS/129/11E
ISBN Number(Series): 978-92-1-132027-5
ISBN Number(Volume): 978-92-1-132414-3




Disclaimer
The designations employed and the presentation of the material in this publication do
not imply the expression of any opinion whatsoever on the part of the Secretariat of
the United Nations concerning the legal status of any country, territory, city or area
or of its authorities, or concerning the delimitation of its frontiers of boundaries.

Views expressed in this publication do not necessarily reflect those of the United
Nations Human Settlements Programme, the United Nations, or its Member States.

Excerpts may be reproduced without authorization, on condition that the source is indicated.



Acknowledgements:
Director: Oyebanji Oyeyinka

Principal Editor and Manager: Xing Quan Zhang

Principal Author: Gilberto M. Llanto

English Editor: Roman Rollnick

Design and Layout: Peter Cheseret




iv
FOREWORD

                              Ur b a n i z a t i o n   provision of adequate housing, infrastructure,
                           is one of the               education, health, safety, and basic services.
                           most       powerful,
                           irreversible forces           The Global Urban Economic Dialogue series
                           in the world. It            presented here is a platform for all sectors
                           is estimated that           of the society to address urban economic
                           93 percent of               development and particularly its contribution
                           the future urban            to addressing housing issues. This work carries
                           population growth           many new ideas, solutions and innovative
                           will occur in the           best practices from some of the world’s
                           cities of Asia and          leading urban thinkers and practitioners
Africa, and to a lesser extent, Latin America          from international organisations, national
and the Caribbean.                                     governments, local authorities, the private
                                                       sector, and civil society.
  We live in a new urban era with most of
humanity now living in towns and cities.                 This series also gives us an interesting
                                                       insight and deeper understanding of the wide
  Global poverty is moving into cities, mostly         range of urban economic development and
in developing countries, in a process we call          human settlements development issues. It will
the urbanisation of poverty.                           serve UN member States well in their quest
                                                       for better policies and strategies to address
  The world’s slums are growing and growing            increasing global challenges in these areas
as are the global urban populations. Indeed,
this is one of the greatest challenges we face in
the new millennium.

  The persistent problems of poverty and
slums are in large part due to weak urban
economies. Urban economic development is
fundamental to UN-HABITAT’s mandate.                                     Joan Clos
Cities act as engines of national economic                       Under-Secretary-General
development. Strong urban economies                               of the United Nations,
are essential for poverty reduction and the                  Executive Director, UN-HABITAT




                                                                                                     v
vi
Contents
FOREWORD 	                                                         iii

Contents	iv

CHAPTER 1 	   INTRODUCTION	1
              Objective of the Report	                              2

CHAPTER 2 	THE CONCEPT AND ELEMENTS OF FISCAL
            DECENTRALIZATION	5
              Oates decentralization theorem	                       5
              An adequate enabling policy environment	              7

CHAPtER 3 	TAX-EXPENDITURE ASSIGNMENT	                             11
              Local government tax revenues: trend and composition,
              1989-2009	11
              Local government expenditures: trend and composition,
              1989-2003 	                                           19

CHAPtER 4 	   iNTERGOVERNMENTAL FISCAL TRANSFERS	                  31
              Instruments of intergovernmental fiscal transfers	   31
              Designing fiscal transfers	                          31
              Philippine internal revenue allotment	               33
              Distributable resource pool 	                        36
              Distributive and allocative formula	                 38

CHAPTER 5	LOCAL GOVERNMENT FINANCING48	                            40

CHAPTER 6 	CONCLUSIONS AND RECOMMENDATIONS	                        43

Bibliography	44
Fiscal Decentralization in the Philippines




Lists of Figures, Tables and boxes

List of figures
Figure 1 	 Three Branches of the Philippine Government	                                1
Figure 2 	 Philippine Local Government Units	                                          2
Figure 3 	 Total Income, all LGUs, 1989-2009	                                         14
Figure 4	   Distribution of Total Income, all LGUs, 1989-2009 (%)	                    16
Figure 5	   Distribution of Income by type of LGU, 1990	                              17
Figure 6	   Distribution of Income by type of LGU, 2009	                              17
Figure 7	   Distribution of LGU Expenditures, All LGUs 1988-2003	                     20
Figure 8	   Distribution of Total Expenditures - All Provinces, 1988-2003	            22
Figure 9	   Distribution of Total Expenditures - All Municipalities, 1988-2003	       23
Figure 10	 Distribution of Total Expenditures - All Cities, 1988-2003	                24
Figure 11	 Local Income vs. Total Expenditure - All LGUs, 1988-2003	                  28
Figure 12	 Total Income with IRA vs. Total Expenditure - All LGUs, 1989-2003	         29
Figure 13	 Total Income with IRA vs. Total Expenditure - by Type of LGU, 1990	        29
Figure 14	 Total Income with IRA vs. Total Expenditure - by Type of LGU, 1990	        29
Figure 15	 Local Income vs. Total Expenditures, by type of LGU, 1990	                 30
Figure 16	 Local Income vs. Total Expenditures, by type of LGU, 2003	                 30
Figure 17	 Release Procedure of the Internal Revenue Allotment99	                     34




List of tables
Table 1	    Tax assignment in cities, provinces and municipalities	                   12
Table 2	    Distribution of Local Income, All LGUs, 1989-2009 (in million pesos)	     15
Table 3	    Distribution of LGU Expenditures, All LGUs, 1988-2003	                    21
Table 4	    Number of Awardees per Award Category (1994 – 2009) 	                     26
Table 5	    Fiscal transfers to local government units	                               34
Table 6	    Percentage Shares of LGUs in the Internal Revenue Allotment	              35
Table 7	    Distribution Formula for the Internal Revenue Allotment	                  35




List of Boxes
Box 1		     Assessment level by type of land	                                         13
Box 2		     An assessment of tax assignment to local government units	                18
Box 3		     The internal revenue allotment vis-à-vis other sources of local income	   36




viii
chapter 1
                                                                                                                    Introduction




CHAPTER 1	 INTRODUCTION



  Many developing countries, the Philippines                            bicameral and is composed of the Senate and
included, have embarked on a major shift                                the House of Representatives. Senators are
in policy and approach to development                                   nationally elected while representatives are
by decentralizing and devolving central                                 elected by legislative districts. The judiciary is
government       powers,    functions     and                           composed of the Supreme Court and the lower
responsibilities to local government units.1                            courts. As of 2011. the political subdivisions
In 1991, the Philippine Congress enacted the                            are the 80 provinces, 138 cities, 1, 496
Local Government Code, which devolved to                                municipalities, and 41, 945 barangays. They
local government units the great responsibility                         are collectively referred to as local government
of providing the local populace with a range                            units. The barangay is the lowest tier of local
of basic public goods and services.                                     governance. A group of barangays comprise
                                                                        a municipality. The more urbanized and
  The Philippines has a presidential unitary                            developed barangays comprise a city. There
government system. The national government                              are two types of cities: (a) highly urbanized,
has three independent branches, namely, the                             which is independent of the province, and
executive, the legislature, and the judiciary.                          (b) component cities (smaller cities). A
The executive is headed by a popularly elected                          cluster of municipalities or municipalities
president. The executive branch is functionally                         and component cities, comprise a province.
organized into sectoral departments, each                               Each local government is headed by directly
headed by a cabinet secretary appointed by                              elected officials, namely, a chief executive
the president. The legislature, or Congress, is                         and a legislative body called “sanggunians.”.
1	 In the Philippines, these comprise provinces, cities and
                                                                        Figure 1 shows the three co-equal branches of
   municipalities. In other countries, these local government units     government in the Philippines. Figure 2 shows
   are commonly known as sub-national governments or sub-
   national units. Throughout this paper, I retain the conventional     the structure or layers of local government
   term used in the Philippines, namely “local government units”
   (LGUs).                                                              units in the country.


Figure 1. Three Branches of the Philippine Government



            EXECUTIVE BRANCH                          LEGISLATIVE BRANCH                     JUDICIAL BRANCH


                   President                                  Congress                        Supreme Court



                Vice President                                                               Court of Appeals
                                                                                            Court of Tax Appeals
                                                                         House of
                                                    Senate            Representatives         Sandiganbayan
             Cabinet Secretariat                                                            Regional Trial Courts
                                                                                            Other Special Courts



                                                                                                                               1
Fiscal Decentralization in the Philippines




Figure 2. Philippine Local Government Units



                                        Provinces                                                 Highly Urbanized Cities




                  Municipalities                     Component Cities



                    Barangays                             Barangays                                      Barangays



   The 1991 Local Government Code                                       in 1986” (Tayao 2010)3. Brillantes and
(Republic Act 7160) provided local                                      Tiu Sonco II (2010) saw decentralization
government units with powers to tax and                                 as reframing “the discourse of governance
levy various fees and charges, and to borrow                            when local governments begun to play a key
from the financial markets in order to raise                            role in governance in a country long steeped
revenues for financing local development. A                             with a history of excessive centralization
key element of fiscal decentralization is the                           and dominance by the center, the latest of
inter-governmental fiscal transfer called the                           which was the domination by the Marcos
‘internal revenue allotment,’ which is a block                          dictatorship”. These political scientists called
grant to local government units based on a                              attention to the substantial changes made
formula designed by the Philippine Congress.                            in the politico-administrative system of the
                                                                        Philippines. They viewed the Code as a force,
   This is a ground-breaking legislation because                        which redefined the “notion of governance
it has decentralized and devolved significant                           by providing the enabling framework for
power and authority to local government units,                          local government-business partnerships, and
unleashing tremendous opportunities for self-                           also local government-NGO partnerships,
development at the local level2. In the period                          including opening the door to direct people
preceding its enactment into law, the central                           participation in governance”.
(national) government exerted control over
virtually all aspects of local governance. The
1991 Local Government Code endows local                                 Objective of the Report
government units with fiscal autonomy and
accountability to the local population, which                             The objective of this report is to determine
constitute a major departure from firm direction                        to what extent fiscal decentralization has
and control by the national government.                                 empowered local government units in the
                                                                        Philippines to efficiently discharge the greater
  Local political scientists have enthusiastically                      responsibility over governance, public service
observed that “decentralization has been                                delivery and local development mandated to
the single most significant political reform                            them by the 1991 Local Government Code.
after the fall of the Marcos dictatorship                               More specifically, it provides a descriptive
2	    The Philippines has political decentralization because powers     analysis of fiscal decentralization in the
     are devolved to political leaders who are directly elected by or
     accountable to the population as opposed to de-concentration       3	 Tayao, Edmund (2010), “Decentralization in the Philippines:
     or administrative decentralization where power is devolved to         Impact on Politics and Governance,” unpublished paper,
     appointees of the national government.                                December 09.



2
chapter 1
                                                                                                                           Introduction



Philippines. It focuses on local government                            negates the advantages given to decentralized
fiscal policies and inter-governmental fiscal                          regimes of better local service delivery arising
transfer and identifies local finance policy                           from closer matching of public services with
reform issues, which policy makers should                              local preferences and greater efficiency in the
address to enable local government units to                            provision of public goods. A recent paper by
improve their local revenue-raising effort.4                           Llanto and Quimba (2010) provides some
The inability to raise adequate local revenues is                      empirical evidence that there has not been
at the core of the problem of local government                         a significant improvement in the delivery
units in delivering local public services. A                           of health and education services despite
reason behind this is the inadequate taxing                            devolution5. Their empirical analysis seems to
powers assigned to local government units,                             indicate that decentralization has not resulted
resulting in a vertical fiscal imbalance, which                        in an improvement in the delivery of local
occurs when the central government retains                             services, contrary to the popular notion, which
control over major sources of tax revenues.                            tends to be based on anecdotal evidence.

   The intergovernmental fiscal transfer                                  The report is organized as follows. To
called the internal revenue allotment (IRA)                            provide context to the discussion, Section 2
significantly supplements or covers the                                provides a brief review of the concept of fiscal
inadequacy in local revenue collection. The                            decentralization and its elements based on
allocation or distribution formula for the                             recent literature. Section 3 discusses the tax-
internal revenue allotment stands a close review                       expenditure assignment at the local level. It
and improvement even as it has become the                              first discusses the structure and composition
most important source of revenue for many                              of local tax revenues, fees and charges and
local government units, especially the poorer                          then describes the pattern of local government
municipalities. The irony is that the internal                         spending with focus on health and education,
revenue allotment may have had a disincentive                          major expenditure items for which data are
effect on local effort to raise revenues, making                       more readily available. A key finding is the
many local government units dependent on it                            presence of an inefficient tax-expenditure
for funding local development and services.                            assignment, which has constrained the
The distribution formula for the IRA should                            envisaged development of local areas by local
be improved but Philippine local government                            people utilizing local resources. This confirms
units must exert effort to raise local revenues                        earlier findings of Manasan (2007) who found
because failure to do so results in inefficient                        a mismatch between revenue resources and
local service delivery and diminished                                  expenditure needs of the various levels of local
accountability. The IRA received by local                              government.
government units has not been adequate
enough to finance comprehensive service                                  An issue overlooked by many local
delivery and local development programs.                               researchers is the need for local government
                                                                       units to exert more effort to improve local
  A case can also be made about the need for                           expenditure management. The findings of
local government units to improve local public                         Llanto and Quimba (2010) show that many
expenditure management. Under-spending                                 LGUs have been under-spending, which point
on vital local public goods and services                               outs out the need for more efficient local
affects the level of welfare of households and                         expenditure management. The key message
                                                                       of this section is the importance of providing
4	 In the Philippines, sub-national governments are called “local
   government units” (LGUs), which are comprised of provinces,         5	 Llanto, Gilberto M. and Francis Quimba (2010),
   municipalities, cities and “barangays.” Barangays are the              “Decentralization and Local Service Delivery,” paper prepared
   smallest political unit headed by a local elective officer called      for the Local Government Foundation, unpublished.
   “barangay captain.” Municipalities and cities are comprised of
   several barangays , respectively.



                                                                                                                                          3
Fiscal Decentralization in the Philippines




local government units with ample power             transfers, which cover both conditional and
and authority to raise the necessary revenues       unconditional fiscal grants. The biggest part of
to finance local development but at the same        the fiscal transfers is composed of the internal
time, local government units must exert utmost      revenue allotment. The current discourse and
effort in improving local public expenditure        proposals to increase the amount of the IRA,
management. It is commonplace to hear in            and at the same time change the formula for its
various forums in the country complaints            distribution has to be enlightened by findings
about the inadequacy of local resources to          of systematic research and study that has yet to
address various development challenges.             be undertaken. Policy makers cannot simply
Llanto and Quimba (2010) indicate that there        rely on the narrow metric of politics to decide
is room for improving service delivery even         on this significant issue. There is a crying
under a regime of constrained resources.            need to produce an evidence-based policy
                                                    recommendation on how to improve the use
   Section 4 analyzes intergovernmental fiscal      of this important fiscal tool.
transfers, basically the major block fiscal
grant called the “Internal Revenue Allotment           Section 5 summarizes the status of local
(IRA).” The IRA is the single biggest revenue       government units’ access to development
item for many LGUs and the section points out       capital and identifies areas for policy reform.
outstanding issues affecting the efficacy of this   It looks at the outstanding constraints to
fiscal tool for helping with local development.     access to the capital markets and official
Popular discourse on this topic inevitably          development assistance and sketches pathways
gravitates around suggestions to increase the       to reform6. The final section pulls together the
IRA from its current share of 40% of national       findings in preceding sections, and draws some
internal revenue taxes to 50 percent and even       conclusions and policy recommendations.
60 percent with apparent disregard about the
implications of the suggestion to the financing
of the country’s overall national development       6	 The major issues on access to capital markets were first
agenda. There is a need for an in-depth                presented and analyzed in Llanto, Gilberto M., and others
                                                       (1998), Local Government Units’ Access to the Private Capital
research and analysis of the Philippine                Markets, Makati City: Philippine Institute for Development
                                                       Studies. Some of those issues have been resolved, many others
experience with intergovernmental fiscal               have remained outstanding.




4
Chapter 2
                                                                              THE CONCEPT AND ELEMENTS OF FISCAL DECENTRALIZATION




CHAPTER 2 	THE CONCEPT AND ELEMENTS OF
           FISCAL DECENTRALIZATION7



Oates decentralization theorem                                        devolved vast powers to local government
                                                                      units, introduced a significant shift in the
  A working definition of decentralization                            policy and institutional framework for
is that by Faguet (2005) who defines it as                            development. In their review of Philippine
“the devolution by central, (that is, national)                       decentralization, local scholars (Brillantes
government of specific functions, with all of                         and Tiu, 2010; Tayao, 2010) noted that
the administrative, political and economic                            the Philippine political and administrative
attributes that these entail, to democratic                           system has been dominated by the central
local (i.e. municipal) governments which are                          government since the time of the Spanish
independent of the center within a legally                            colonization. A long history of centralization
delimited geographic and functional domain”.                          meant that policies, programs, funding,
A common denominator behind policy                                    allocation of resources, etc were controlled
makers’ decision to decentralize and devolve is                       and implemented by the central government
the belief that this paradigm shift can improve                       situated in Manila (somewhat derisively
the allocation problem in the economy,                                called “imperial Manila”). Thus, 1991 Local
improve productive efficiency and bring about                         Government Code (Republic Act No. 7160)
better cost recovery. In the last two decades,                        was a critical break point in the country’s
decentralization has been at “the center stage                        political and administrative framework. In his
of policy experiments in a large number of                            reading of recent Philippine political history,
developing and transition economies in Latin                          Tayao (2010) called decentralization as “single
America, Africa and Asia” (Bardhan 2003,                              most significant political reform after the fall
page 1) for a number of reasons. For example,                         of the Marcos dictatorship in 1986.”
a motivation for decentralization in Latin
America was the disenchantment with military                            The thinking behind this is that greater
rule and dictatorships, which has created a                           involvement of LGUs or sub-national units
political culture that places a premium on                            in service provision, including the provision
decentralized decision making to prevent a                            of basic infrastructure such as local roads,
return to the past. In China, decentralization                        farm-to-market roads, communal irrigation
was seen as a means for social cohesion,                              facilities, among others, will result in better
faster economic growth and preservation of                            service delivery and accountability, provide
communist party rule (Shah, 1997).                                    opportunities for people participation
                                                                      in development, and create an enabling
   In the Philippines, the enactment into law                         environment for local private sector
of the Local Government Code in October                               investments.
10, 1991, which decentralized and and
                                                                        Proponents of decentralization claim that it
7	 The brief review of literature partly draws from Gilberto          has provided a framework for responsive and
   M. Llanto, “Decentralization, Local Finance Reforms and
   New Challenges: The Philippines,” a paper presented at the         accountable local governance. According to
   Third Symposium on Decentralization and Local Finance at
   the Institute for Comparative Studies in Local Governance          Bird (1993) it has given local constituents what
   (COSLOG), National Graduate Institute for Policy Studies, Tokyo,
   Japan on March 10, 2009.                                           they want and are willing to pay for, and the


                                                                                                                               5
Fiscal Decentralization in the Philippines




opportunity for greater local responsiveness                         and the harnessing of local energy for local
and political participation. It has demonstrated                     development, which could make governments
a potential to lead to more appropriate and                          to be “more responsive and efficient;” at the
better-utilized facilities, lower costs per unit                     same time decentralization offers a practical
of service and improved operations and                               avenue for “diffusing social and political
maintenance (Klugman 1994)8. Devolution                              tensions and ensuring local cultural and
is based on the subsidiarity principle and                           political autonomy” (Bardhan 2003, page 1).
rests on the view that it results in improved
efficiency in the delivery of public services, and                      Joumard and Kongsrud (2003) add that it
hence a more efficient allocation of resources                       can strengthen the democratic process, allow
in the economy (Dabla-Norris 2006)9. This                            governments to tailor the supply of public
perspective draws from the classic distinction                       goods to local preferences and introduce some
given by Musgrave about the different tasks                          competition across jurisdictions, thus raising
of government in an economy: allocation                              public sector efficiency. At the same time, it
(which is better done by local governments),                         must be recognized that it can entail efficiency
stabilization and redistribution (which are                          losses, and make it difficult to implement
better done by central government).                                  redistributive policies and complicate
                                                                     macroeconomic management (ibid).               A
  These views echo the decentralization theorem                      contrarian view is that “decentralization may
(Oates,1972, page 55), which maintains that                          increase the participation of people at the
“each public service should be provided by the                       local level but sometimes it is only a small
jurisdiction having control over the minimum                         privileged elite group who get to participate”
geographical area that would internalize                             (Conyers 1990, page 18) quoted by Oates
benefits and costs of such provision.” Oates                         (1993). Faguet (2005) pointing out that there
(1993) later observes that decentralization is a                     is little agreement concerning the effects of
mechanism to make policy more responsive to                          decentralization in the empirical literature,
local needs and to involve the local populace                        says that pessimists argue local governments
in processes of democratic governance10. The                         are too susceptible to elite capture, and too
economic case for decentralization is the                            lacking in technical, human and financial
enhancement of efficiency that it introduces                         resources, to produce a heterogeneous range
because locally provided public goods,                               of public services that are both reasonably
which are more responsive to local taste and                         efficient and responsive to local demand.
preferences are superior to centrally determined
goods. Decentralization provides for “tailoring                         For political decentralization to be
levels of consumption to the preferences of                          effective, it should be accompanied by
smaller, more homogeneous groups” (Wallis                            fiscal decentralization. Many years ago in a
and Oates 1988, page 5). Decentralization                            paper prepared for the World Bank Annual
has laid down the foundation of a new, major                         Conference on Development Economics,
“institutional framework” for the provision                          Tanzi (1996) observed that decentralization of
of a range of benefits to local constituents                         fiscal activities can improve the allocation of
                                                                     public spending by making it more consistent
8	 However, according to Klugman (1994) greater efficiency need
   not necessarily accompany decentralization, given the risk of     with local preferences. Oates (1996) cites the
   loss of economies of scale, duplication and overlap.
9	 Shah (2004) points out that the principle of subsidiarity
                                                                     potential contribution of decentralization in
   was introduced by the Maastricht Treaty for assignment of
   responsibilities among members of the European Union.
                                                                     enhancing allocative efficiency by providing
   According to this principle, taxing, spending and regulatory      a menu of local outputs that reflects the
   functions should be exercised by the lowest levels of
   government unless a convincing case can be made for assigning
   the same to higher levels of government.
10	 While a discussion of the opposing views may be interesting,
   this paper will not dwell on it because it is outside the scope
   and objectives of the paper.



6
Chapter 2
                                                                                 THE CONCEPT AND ELEMENTS OF FISCAL DECENTRALIZATION



varying wishes and conditions in local areas11.                       placed on the marginal amount of services for
Furthermore, it can provide “political glue for                       which recipients are willing to pay is just equal
countries with regional ethnic diversity” (Tanzi                      to the benefit they receive (Ebel and Yilmaz,
1996, page 295)12. Fiscal decentralization                            2002; Oates 1972, 2006 )14 To implement
is not always seen as conferring unmitigated                          this, sub-national (local) governments must be
benefits to the local populace.            Fiscal                     given the authority to exercise “own source”
decentralization is not without its share of                          taxation at the margin and be in a financial
controversy. Oates (2006) mentions some                               position to do so. This is the essence of fiscal
analysis that “reveals its dark side, especially                      decentralization (Ebel and Yilmaz 2002).
in practice” and that “raises some serious
questions about its capacity to provide an                              Following Smoke (2001), the key elements
unambiguously positive contribution to an                             that should be included in a good fiscal
improved performance of the public sector”                            decentralization program are as follows:
(pages 2-3). Smoke (2001) alludes to potential                        (a) an adequate enabling environment; (b)
macroeconomic dangers and growth retarding                            assignment of an appropriate set of functions
effects of fiscal decentralization, indicating                        to local governments; (c) assignment of an
however that most of the evidence is anecdotal                        appropriate set of local own-source revenues
and relevant only under particular uncommon                           to local governments; (d) the establishment
circumstances or focused on correctable rather                        of an adequate intergovernmental fiscal
than inherent problems.                                               transfer system; and (d) the establishment
                                                                      of adequate access of local governments to
   This is not the place to expound on this                           development capital.
interesting facet of fiscal decentralization as
pointed out by Oates and others but certainly
it poses a challenge to fiscal decentralization                       An adequate enabling policy
analysts. Suffice it to say at this point that                        environment
there is a need for more research and the
production of comparative information on                                To begin with an enabling policy
the extent to which and the conditions under                          environment for fiscal decentralization, which
which the alleged benefits and disadvantages                          is clearly stated in constitutional mandate
of fiscal decentralization have been realized                         or law, defining some minimum level of
(Smoke 2001).13                                                       autonomy, rights and responsibilities for
                                                                      local governments is important. The return of
  The decentralization theorem argues that                            democratic governance in the Philippines after
sub-national governments can more efficiently                         the 1986 People Power Revolution following
provide public services to identifiable                               a long period of martial rule in the 70s and
recipients up to the point at which the value                         80s has provided an enabling environment for
11	 Oates, Wallace (1996), “Comment on ‘Conflicts and Dilemmas        decentralization. The series of freely elected
   of Decentralization’ by Rudolf Hommes,” in Bruno, Michael
   and Boris Pleskovic, editors, Annual World Bank Conference on
                                                                      democratic governments since then have
   Development Economics, Washington, D.C.: The World Bank,           continued to recognize that it is good for a
   pages 351-353.
12	 Tanzi, Vito (1996), “Fiscal Federalism and Decentralization: A    functioning democracy to allow local leaders
   Review of Some Efficiency and Macroeconomic Aspects,” in
   Bruno, Michael and Boris Pleskovic, editors, Annual World Bank     and people to have the power and responsibility
   Conference on Development Economics, Washington, D.C.: The
   World Bank, pages 295-316.                                         of deciding what goods and services to
13	 Smoke, Paul (2001) “Fiscal Decentralization in Developing
   Countries: A Review of Current Concepts and Practice,”
   Democracy, Governance and Human Rights Programme                   14	 Robert D. Ebel, Robert and Serdar Yilmaz (2002), “On the
   Paper Number 2, United Nations Research Institute for Social          Measurement and Impact of Fiscal Decentralization,” Policy
   Development, February. Professor Smoke declares that                  Research Working Paper 2809, The World Bank, March;
   anecdotal evidence and case studies provide some insights but         Oates, Wallace (2006), “On the Theory and Practice of Fiscal
   there is a need for more policy experimentation and systematic        Decentralization,” IFIR Working Paper No. 2006-05, May;
   research to understand the prospects for fiscal decentralization      Oates, Wallace E. 1972. Fiscal Federalism. New York: Harcourt
   in developing countries.                                              Brace Jovanovich



                                                                                                                                         7
Fiscal Decentralization in the Philippines




produce and finance. The enactment into law                          Tax Code (Presidential Decree 231), and the
of the 1991 Local Government Code signals a                          Real Property Tax Code (Presidential Decree
major departure from the traditionally centrist                      464).
approach to governance and development in
developing countries, which view the problem                            In the Philippines, the 1991 Local
of development as one requiring the presence                         Government Code devolved to local
of a strong central government that will lay                         government units the responsibility of
down policy directions and allocate resources                        delivering local and basic public services
accordingly. It may be recalled that before the                      and raising local or own-source revenues
above-mentioned period of martial rule, there                        for financing their expenditure assignment.
were a series of policy reforms leading toward                       Under the Local Government Code, local
local autonomy.                                                      government units have autonomy in deciding
                                                                     on the composition of local spending, taxing
   Atienza (2006) related the quest for                              and borrowing that they would need to meet
decentralization and autonomy in a recent                            local development objectives. Thus, local
study15. The 1991 Local Government Code                              government units are now responsible for the
may be a radical piece of legislation but it                         following areas: land use planning, agricultural
is not the first decentralization law in the                         extension and research, community-
country and it passed after five years of debate                     based forestry, solid waste disposal system,
in Congress (Uchimura and Suzuki 2009)16.                            environmental        management,      pollution
Guevara (2004) recounted that in 1959 the                            control, primary health care, hospital care,
Local Autonomy Act (Republic Act 2264)                               social welfare services, local buildings and
was passed to grant fiscal and regulatory                            structures, public parks, municipal services
powers to local governments. In 1967, the                            and enterprises such as public markets and
Decentralization Act (Republic Act 5185)                             abattoirs, local roads and bridges, health
increased the financial resources and powers                         facilities, housing, communal irrigation, water
of local governments. The 1973 Constitution                          supply, drainage, sewerage, flood control and
of the Philippines mandated that the state                           inter-municipal telecommunications.
“shall guarantee and promote the autonomy
of local governments to ensure their fullest                           The Local Government Code also transferred
development as self-reliant communities.”                            to local government units certain regulatory
Martial rule stymied those reform efforts.                           functions. The fiscal transfers to local
The 1991 Local Government Code, then,                                governments were likewise increased, with
“institutionalized a systematic allocation of                        40% of internally generated taxes allocated
powers and responsibility between the national                       to local governments through the Internal
and local governments” (Guevara 2004, page                           Revenue Allotment (IRA). In addition, the
1)17. The 1991 Local Government Code was                             Code encouraged the local government units
a landmark legislation that gave rise to a major                     to explore alternative sources of revenue by
shift in local governance (Manasan 2007).                            exercising their corporate powers in partnership
The Code consolidated and amended the                                with the private sector. An innovation
Local Government Code of 1983, the Local                             introduced by the Code is the provision of
                                                                     a framework for active participation of non-
15	 Atienza, Maria Ela (2006), “Local Governments and Devolution
   in the Philippines,” in Noel Morada and Teresa Encarnacion,       governmental organizations and civil society
   editors, Philippine Politics and Governance: An Introduction,
   Department of Political Science, University of the Philippines.   in local governance18.       Indeed, the new
16	 Uchimura, Hiroko and Yurika Suzuki (2009), “Measuring Fiscal
   Decentralization in the Philippines,” IDE Discussion Paper No.    18	 For a detailed discussion, see Brillantes, Alex, Gilberto
   209, Institute of Developing Economies, July.                        M. Llanto, James Alm and Gaudioso Sosmena (2009),
17	 Guevara, Milwida (2004), “The Fiscal Decentralization Process       “Decentralization and Devolution in the Philippines: Status,
   in the Philippines: Lessons from Experience,” http://www.econ.       Triumphs, Tests and Directions,” Report submitted to the
    hit-u.ac.jp/~kokyo/APPPsympo04/PDF-papers-nov/guevara-              Department of the Interior and Local Government, unpublished
    i2004-revised2.pdf, date accessed August 29, 2011.                  paper, April 29




8
Chapter 2
                                                                               THE CONCEPT AND ELEMENTS OF FISCAL DECENTRALIZATION



institutional framework for local development                              The succeeding sections of this paper
has generated an enthusiastic response on the                           first outline the current status of (a)
part of local government units (LGUs) to                                the tax-expenditure assignment, (b) the
deliver better public services to local citizens.                       intergovernmental fiscal transfer (IRA), and
It has promoted local autonomy by devolving                             (c) the access of local government units to
expenditure responsibilities and vested greater                         development capital through borrowing, and
taxing powers on local government units19.                              then highlight outstanding issues or problems
                                                                        which should be addressed by policy makers.
19	 The paper does not discuss the Organic Act of Muslim
   Mindanao, which transfers to the regional government of the
   Autonomous Region of Muslim Mindanao all powers, functions,
   and responsibilities heretofore being exercised by the central
   government except (a) foreign affairs, (b) national defense, (c)
   postal service, (d) fiscal and monetary policy, (e) administration
   of justice, (f) quarantine, (g) citizenship, naturalization and
   immigration, (h) general auditing, civil service and elections,
   (i) foreign trade, (j) maritime, land and air transportation and
   communications that affect areas outside the ARMM, and
   (k) patents, trademarks, trade names and copyrights. For a
   discussion see Manasan (2005).




                                                                                                                                9
Fiscal Decentralization in the Philippines




10
Chapter 3
                                                                                                        TAX-EXPENDITURE ASSIGNMENT




CHAPTER 3	 TAX-EXPENDITURE ASSIGNMENT




   A principal challenge faced by LGUs                            and Expenditures) from the Commission on
is finding the means to raise adequate                            Audit’s Annual Financial Reports for Local
financing for local development. The LGUs                         Government Units for the years 1989 to 2009.
are a heterogeneous group with varying
administrative, financial and technical
capacities. There is also great variation in the                  Local government tax revenues:
level of local development with the few highly                    trend and composition, 1989-2009
urbanized cities enjoying bigger and more
buoyant tax bases. The rest of the LGUs are                         Table 1 summarizes the various taxes that
composed of smaller cities and municipalities                     are assigned to local government units by
with weaker local economies. Provinces are                        the Local Government Code.         The Code
also a heterogeneous lot with great variation                     has empowered local government units to
in economic, administrative, financial, and                       set local tax rates and collect own-source
technical capacities. The rising expectations                     revenues. Only cities and provinces can levy
of the local populace for more and better                         the real property tax. The former shares the
quality public services has to be matched by                      proceeds with their barangays while provinces
the ability of local government units to find                     share the proceeds with the municipalities and
substantial funding and to have better and                        barangays. Both provinces and cities are also
more efficient implementation of programs                         authorized to impose a tax on the transfer of
and project for local development. The 1991                       real property, sand, gravel, and other quarry
Local Government Code assigned taxing and                         resources; amusement places; franchises;
spending powers to local government units. It                     professionals; delivery vans and trucks; and
is an acknowledged principle that matching                        idle lands. On the other hand, municipalities
expenditure and tax assignments is desirable                      and cities, but not provinces, are allowed to
because this will enable the local governments                    levy the community tax and the local business
to shape the supply of public goods according                     tax (i.e.,turnover tax levied on the gross
to local preferences and willingness to pay                       receipts of businesses/traders)22.
(Jourmard and Kongsrud 2003)20.                                     The main sources of local incomes are
  To assess the fiscal performance of the LGUs,                   the IRA, property tax, the business tax, and
time series data covering pre-decentralization                    service and business income from various local
period (1989-1991) up to the present were                         economic enterprises. However, Section 133 of
tabulated21 Income data were obtained from                        the Code also provides a detailed list of taxes,
the Statement of Income and Expenses (SIE)                        22	 The first tier of government is the central government which
                                                                     operates through departments (ministries). The second tier
while expenditure data were from the SAAOB                           of government is composed of local government units (LGUs)
                                                                     and one autonomous region, the ARMM. In general, the local
(previously called Schedule of Appropriations                        government structure is composed of three layers. Provinces
                                                                     comprise the first layer. In turn, the province is divided into
20	 Joumard, Isabelle and Per Mathis Kongsrud. 2003. “Fiscal         municipalities and component cities, each of which is further
   relations across government levels.” Economics Department         subdivided into barangays, the smallest political unit. At the
   Working Papers No. 375, Organization for Economic                 same time, independent cities (or highly urbanized cities) exist
   Cooperation and Development, December 10.                         at the same level as the provinces, i.e., they share the same
21	 Sources: Commission on Audit’s Annual Financial Reports for      functions and authorities. Independent cities are divided directly
   Local Government Units                                            into barangays (Manasan 2005).



                                                                                                                                   11
Fiscal Decentralization in the Philippines




which are revenue-productive but which only         taxes, customs duties, value-added tax, and the
the central government can impose. These            excise taxes on alcoholic beverages, tobacco
include the individual and corporate income         products and petroleum products.


Table 1. Tax assignment in cities, provinces and municipalities

 Tax base                                        Cities    Provinces   Municipalities   Barangays
 Transfer of real property                         X           X
 Business of printing and publication              X           X
 Franchise                                         X           X
 Sand, gravel and other quarry resources           X           X             *              *
 Amusement places                                  X           X             *
 Professionals                                     X           X
 Real property                                     X           X             *              *
 Delivery vans and trucks                          X           X
 Idle lands                                        X           X
 Business                                          X                         X              X
 Community tax                                     X                         X              *
 *shares in the proceeds of levy of province



   Local generated revenues are basically the         Tax Revenues includes Property Tax, Business
tax revenues and non-tax revenues obtained          Tax and Licenses and Other Taxes. Property
from regulatory fees, service charge, income        Tax is composed of real property tax, property
from local enterprises and other receipts. The      transfer tax, real property tax on idle lands,
share of local own source revenues and non-         special assessment tax and special education
tax revenues to total LGU income was at 62          tax. Under Property Tax, the major one is the
percent in 1989, decreasing over time. In           real property tax. Provinces can levy a real
2009, it stood at 33 percent. As IRA’s share        property tax not exceeding 1% of the assessed
in the total LGU income increased through           value of the real property. For cities, the real
the years, tax revenues and non-tax revenues’       property tax rate should not exceed 2% of the
share decreased. Please see Table 2 and Figure      assessed value of the real property. The Local
3. From 38 percent in 1989 Tax Revenues             Government Code defines the maximum
shares dropped to 29 percent in 1992, and           assessment level for each type of real property
to 22 percent by 2009. As for the Non-Tax           (Box 1). The assessment level varies from local
Revenues, from 24 percent in 1989 it was            government to local government based on
down to 13 percent in 1992. By 2002 Non-            local ordinances passed by the legislative body
Tax Revenue was at its lowest at 7.5 percent,       (“sanggunian”).
then slowly picked up and was 11 percent by
2009.




12
Chapter 3
                                                                                                             TAX-EXPENDITURE ASSIGNMENT




Box 1. Assessment level by type of land

 Assessment level on lands                                 % (maximum under Local Government Code)
 Residential                                               20%
 Commercial                                                50%
 Industrial                                                50%
 Mineral                                                   50%
 Timberland                                                20%

  The Local Government Code defines                                    community tax, amusement tax, tax on sand
“assessed value” (AV) as the fair market                               and gravel and other quarry products, etc.
value of the real property multiplied by the                           Non-Tax Revenues on the other hand consists
assessment level. It is synonymous to taxable                          of Service Income, Business Income, Other
value. The assessment level is the percentage                          Income and Capital Revenues. Service Income
applied to the fair market value to determine                          is classified as Government Services and
the taxable value of the property. On the other                        Operating and Service Income in earlier years,
hand, “fair market value” is defined by the                            and Service Income + Permits and Licenses in
Local Government Code as fair market value”                            later years. Business Income includes income
as the price at which a property may be sold                           from local economic enterprises or LEES
by a seller who is not compelled to sell and                           such as markets, slaughterhouses, waterworks
bought by a buyer who is not compelled to                              and transportation systems, and hospital fees
buy. The real property tax (RPT) is computed                           among others. Other Income consists of LGU
as follows:                                                            Shares from National Wealth, Economic
                                                                       Zones, EVAT and Tobacco Exise Tax, and
    RPT = AV x rate.                                                   other miscellaneous income. Capital Revenues
  Buyers of real property pay a one-time                               are mainly income from the sale of assets but
property transfer tax when title to a real                             in later years it also included receipts from
property passes on to them. The special                                the sale of confiscated goods and properties,
education tax is an additional 1% tax on the                           disposed assets, securities and gains from
assessed value of real property in addition                            foreign exchange.
to the basic real property tax.      A special                           The Property Tax has been the largest
assessment tax on real property may be levied                          contributor when it comes to own-source
to address a local development goal23. On the                          revenues with a share of 22 percent in 1989,
other hand, the real property tax on idle lands                        followed by Business Taxes and Licenses and
has generally not been implemented by local                            Business Income both at 10 percent but later
government units due to political constraints.                         years especially after devolution, show that
  Business tax and licenses, or taxes on goods                         IRA has become a dominant source. Please
and services in other years, includes business                         see Figure 4. The local government units
tax, franchise tax, occupation tax, printing                           depended more on the IRA and this has
and publication taxes, tax on fishing vessels                          eroded the effort of local government units to
and tax on delivery trucks and vans among                              collect own-source revenues. For many local
others. Under the category of Other Taxes are                          government units, it is much easier to just rely
                                                                       on the IRA transfer than it is to collect real
23	 Recently Quezon City, one of the largest highly urbanized cities
   imposed a special levy of 0.5 percent on residential lots with      property taxes and business taxes24.
   an assessed value of Pesos 100,000.00 (approximately US$2,
   325.00 at the current exchange rate of Pesos 1 to US$ 1) to
   finance the construction of housing for informal settlers in the    24	 The disincentive effect of IRA is discussed in succeeding
   city..                                                                 paragraph below.



                                                                                                                                       13
Fiscal Decentralization in the Philippines




  In general, there is a general downward                                   percent and 6 percent in 1989 to 2 percent
trend in the contribution of total local tax                                and 1 percent in 2009 respectively. Business
and non-tax revenues to LGU income. By                                      Tax, Service Income and Other Income did
2009 Property Tax is only at 11 percent                                     not change that much through the years. It is
of total LGU income while Business tax                                      important to note that this general situation is
dropped to 9.6 percent from its level of 10.5                               true for provinces and municipalities but not
in 1990 before the 1991 Code. Other Taxes                                   for cities as indicated below.
and Capital Revenue also went down from 4




Figure 3: Total Income, all LGUs, 1989-2009


200,000

180,000

160,000

140,000

120,000

100,000

 80,000

 60,000

 40,000

 20,000

        0
             1989
                    1990
                           1991
                                  1992
                                         1993
                                                1994
                                                       1995
                                                              1996
                                                                     1997
                                                                            1998
                                                                                   1999
                                                                                          2000
                                                                                                 2001
                                                                                                        2002
                                                                                                               2003
                                                                                                                      2004
                                                                                                                             2005
                                                                                                                                    2006
                                                                                                                                           2008
                                                                                                                                                  2009



                                    Total Tax Revenues	                        Total Non Tax Revenues	                               IRA




14
Table 2. Distribution of Local Income, All LGUs, 1989-2009 (in million pesos)

                                        1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002                                    2003    2004    2005    2006    2008    2009
     Property Tax                         21.9 22.9 21.4 16.3 13.3 13.0 13.6 14.2 14.2 13.9 12.8 12.7 13.4 12.4                                  13.4    13.4    13.6    12.5    11.8    10.7
     Business Tax                         11.5 10.5 10.0 9.3 13.3 8.8 9.5 10.9 10.3 10.3 10.0 9.4 10.1 10.0                                      10.0    10.7    10.8    10.8    10.9      9.6
     Other Taxes1                           4.7 3.6 3.5 3.5 5.7 2.8 3.2 2.7 2.7 2.8 2.4 2.4 2.0 1.7                                                1.9     1.7     1.7     1.6     1.6     1.5
     TOTAL TAX REVENUES                   38.1 37.0 34.8 29.1 32.3 24.7 26.3 27.8 27.2 27.1 25.1 24.4 25.5 24.1                                  25.3    25.8    26.1    24.9    24.3    21.8
     Service Income2                        4.0 3.4 3.1 3.8 3.1 3.0 2.9 3.2 3.0 2.8 2.7 2.6 2.8 2.6                                                2.7     3.0     3.3     3.3     3.5     3.3
     Business Income3                     11.6 12.2 11.3 6.7 5.8 5.7 5.2 5.7 5.4 5.5 4.8 4.6 4.7 3.2                                               3.2     3.9     3.8     3.9     3.9     4.1
     Other Income                           2.6 3.0 2.2 1.1 1.2 1.0 1.8 1.2 1.0 0.9 0.8 1.2 1.1 1.7                                                2.3     2.5     2.1     3.0     3.7     2.7
     Capital Revenue                        6.1 1.3 1.2 1.2 0.1 0.0 0.1 0.4 0.7 0.3 0.1 0.1 0.2 0.0                                                0.0     0.3     1.0     0.0     0.8     0.8
     TOTAL NON TAX REVENUES               24.2 20.0 17.7 12.7 10.2 9.7 10.0 10.5 10.1 9.4 8.4 8.5 8.7 7.5                                          8.3     9.7   10.2    10.1    11.9    10.9
     IRA                                  37.7 43.0 47.4 58.1 57.5 65.6 63.7 61.7 62.6 63.5 66.5 67.2 65.8 68.3                                  66.4    64.5    63.7    64.9    63.8    67.3
     TOTAL LOCAL INCOME                    100 100 100 100 100 100 100 100 100 100 100 100 100 100                                                100     100     100     100     100     100
     Source: Annual Financial Reports 1989-2009
     1 - Includes Shares from National Wealth, Economic Zones, EVAT and Tobacco Exise Tax, PAGCOR/PCSO 
     2 - Includes regulatory fees and permits and licenses
     3 - Includes receipts from local enterprises such as markets, slaughterhouse, transportation system, waterworks system, and hospital fees
                                                                                                                                                                                                 TAX-EXPENDITURE ASSIGNMENT
                                                                                                                                                                                                                    Chapter 3




15
Fiscal Decentralization in the Philippines




Figure 4: Distribution of Total Income, all LGUs, 1989-2009 (%)



               2009

               2008

               2006

               2005

               2004

               2003

               2002

               2001

               2000

               1999

               1998

               1997

               1996

               1995

               1994

               1993

               1992

               1991

               1990

               1989

                    -10	0	 10	20	30	40	50	60	70	80

                Property Tax	                Business Tax	   Other Taxes	       Service Income
                Business Income	             Other Income	   Capital Revenue	   IRA


16
Chapter 3
                                                                                           TAX-EXPENDITURE ASSIGNMENT



  Figures 5 and 6 compare the source of                   amounts of IRA individually because there are
income of LGUs before (1990) the passage of               fewer of them to divide the pie, so to speak.
the 1991 Code and after several years (2009).             This has motivated municipalities to of getting
The broad taxing powers benefited more the                higher amounts of IRA individually because
cities than provinces and municipalities. They            there are fewer of them to divide the pie, so
have been dominant in all types of local taxes            to speak. This has motivated municipalities
and the internal revenue allotment. The cities            to convince legislators to pass special laws
have also the advantage of getting higher                 converting them into cities.


Figure 5: Distribution of Income by type of LGU, 1990

 80
 70
 60
 50
 40
 30
 20
 10
  0
       Property     Business         Other   Service        Business        Other          IRA           Total
         tax          tax            taxes   Income         Income         Income                       Income

                   Provinces 	                  Cities	                Municipalities



Figure 6: Distribution of Income by type of LGU, 2009


 80

 70

 60

 50

 40

 30

 20

 10

  0
        Property    Business         Other   Service        Business        Other          IRA           Total
          tax         tax            taxes   Income         Income         Income                       Income

                       Provinces 	                     Cities	            Municipalities


                                                                                                                    17
Fiscal Decentralization in the Philippines




  An examination of revenue figures over the                        are most dependent on IRA. In an extreme
period 1989-2009 indicates a significant decline                    case, the IRA allocations sometimes account
in the share of provinces and municipalities in                     for 95 percent of local revenues and, in at least
total LGU own-source revenue. This contrasts                        one case, 114 percent of total expenditures
with the continuous increase in the share                           (ADB 2005)26. The dependence on IRA
of cities in total LGU own-source revenue.                          results in weaker local fiscal autonomy, which
An outstanding problem faced by provinces                           creates opportunities for greater control by the
and municipalities is how to raise substantial                      central government, contrary to the envisaged
revenues when they do not have very productive                      situation of local governments able to respond
tax bases to begin with. The 1991 Code have                         to local needs and to match local outputs
put certain limits on their taxing powers.                          with local preferences. To wean themselves
Cities are more fortunate because they have                         away from central government control local
broader taxing powers than municipalities and                       government units should strive for greater fiscal
provinces. Please see Table 1 above.                                autonomy by working to significantly improve
                                                                    own-source revenues. Improving the collection
   Because of an inefficient tax assignment,                        of real property and local business taxes is an
it is only the cities, which have the capacity                      important step to boost local fiscal autonomy.
to raise the needed revenues. As Manasan
(2007) has observed the distribution of                                Limits on sub-national government
own-source revenues is in favor of cities,                          discretion to determine tax rates and tax bases
and partly in favor of municipalities away                          significantly reduce local fiscal autonomy
from provinces25. The cities have larger tax                        (Joumard and Kongsrud 2003).
bases and consequently, buoyant revenue
sources but the majority of local government                          Various researchers such as Manasan, Cuenca,
units, that is, the municipalities have weaker                      Uchimura and Suzuki, Capuno, and Llanto,
tax bases and thus, do not raise sufficient                         among others have noted the inefficiency in
own-source revenues. They have remained                             tax assignment to local government units in
dependent on fiscal transfers, principally the                      the Philippines. Manasan (2005) provides a
internal revenue allotment (IRA) for funding                        good summary27 as shown in Box 2.
local development activities.
                                                                    26	Asian Development Bank (2005), Decentralization in the
                                                                       Philippines: Strengthening Local Government Financing &
   The dominance of IRA as revenue source                              Resource Management in the Short Term, Mandaluyong City:
is very obvious. Provinces and municipalities                          Asian Development Bank
                                                                    27	 Manasan, Rosario G. 2005. “Local Public Finance in the
                                                                       Philippines: lessons in autonomy and accountability.” Philippine
25	 Manasan, Rosario (2007), “Decentralization and Financing           Journal of Development. Second Semester 2005, Vol. XXXII
   of Regional Development,” in Balisacan, Arsenio and Hal Hill,       No. 2: 32-102.
   editors, The Dynamics of Regional Development: The Philippines
   in East Asia, Quezon City: Ateneo de Manila University Press.



  Box 2. An assessment of tax assignment to local government units

 •	 The Philippine tax assignment appears to be largely consistent with the traditional view
    of tax assignment.
 •	 It scores low on the autonomy criterion because (a) the Code fixes the tax rate of some of
    the taxes that are assigned to LGUs; (b) the Code sets limits (floors and ceilings) on the
    tax rates that LGUs may impose and maximum allowable rates are rather low; (c) in terms
    of real property assessment levels, the Code sets maximum assessment rates for different
    classes of property; (d) the Code mandates that tax rates can only be adjusted once in five
    years and by no more than 10 percent.



18
Chapter 3
                                                                                               TAX-EXPENDITURE ASSIGNMENT




  •	 Future Code amendments should consider giving LGUs greater discretion in setting tax
     rates by raising the maximum allowable tax rates.
  •	 There is a need to move away from tax rates that are not indexed to inflation.
  •	 There is a need to simplify the structure of local business tax because different categories
     of firms are subject to different rate schedules.
  •	 There is a need to improve the tax administration machinery of local governments, e.g.,
     employ certified public accountants to improve tax audit capability; use automation to
     improve revenue performance, etc.
  •	 There is a need to revise the schedule of market values for real property purposes because many
     provinces and cities have done a general revision of such schedules only once since 1991.
  •	 There is a need for many LGUs to revise their tax codes since only a few have made
     revision since 1992 even if some tax rates are not indexed to inflation.


  There are current legislative bills to modify                      1992. In 1993 it dropped to 40 percent and
the taxing powers of LGUs, e.g., Senate Bill                         maintained this level in the following years.
1458, which recommends transferring the
mandate to tax sand, gravel, and other quarry                          The second largest local government
resources to cities and municipalities. House                        expense is on Economic Services with a share
Bill 1607 seeks to give additional sources of                        of 35 percent in 1989 which steadily declined
revenue to provinces by requiring component                          through the years, with only 22 percent share
cities to share their collection from real                           to total LGU expenditures by 2003. 	
property taxes with the provinces. These                             Economic Services refers to activities directed
proposals should be carefully examined in                            towards the promotion and enhancement
view of the inequities in tax assignments and                        and the attainment of desired economic
the IRA allocation formula.                                          growth.      Included in this category are
                                                                     agricultural, veterinary and natural resource
                                                                     services, architectural and engineering
Local government                                                     services, operation of local enterprises such
expenditures: trend and                                              as markets, slaughter house, transportation
composition, 1989-200328                                             and waterworks among others, cooperative
                                                                     programs, livelihood projects and other
  Table 3 and Figure 7 show that local                               economic development programs.
governments spent most of their resources on
General Public Services. General Public Services                       Rounding up the major components of LGU
(GPS) include the essential requirements to                          expenditure are education and health services
run the government such as the executive                             and housing and community development.
and legislative services, treasury, assessment,                      Education, Culture, Sports and Manpower
budgeting and auditing services, property                            Development covers expenditures for the
and supply administration, and information                           support of schools and education facilities,
services. GPS is highest in the late 80s thru                        planning and manpower development, sports,
early 90s, reaching its peak at 49 percent in                        cultural preservation and enrichment. Health
                                                                     Services pertains to expenditures for national
28	 The period covered does not include the following years:
   2004-2009 because of noise in the latter years. There is a need   health programs including medical, dental and
   to review the Schedule of Appropriation, Allotment, Obligation
   and Balances (SAAOB) for local government units especially in     nutrition services. Housing and Community
   view of the recent shift to the New Government Accounting
   System (NGAS).
                                                                     Development includes expenditures for the

                                                                                                                        19
Fiscal Decentralization in the Philippines




provision of housing and sanitary services,                         of their budgets to general public services.
promotion of community development, slum                            Expenditure for economic services follows as
clearance, zoning and pollution control.                            the second biggest item of expense. There
                                                                    is a need to review local public expenditure
  Education, Culture, Sports and Manpower                           management for more efficient allocation of
Development experienced a rise and fall trend                       resources. It seems that there is a relatively
starting with an 8 percent share in total                           small allocation of investment in human
expenditure in 1988, dropping to 4 percent                          capital (education, health and nutrition) and
in 1991 and then back at 8 percent in 1992.                         infrastructure relative to other expenditure
A steady decline followed until it reached its                      items. General public services are basically for
lowest point in 2002 at 5 percent. Though                           general administration needed for the daily
Health Services also experienced a decline from                     routine of running a local government. A
1988 to 1992, it posted a 7 percent increase                        recent paper by Llanto and Quimba (2010)
from 4 percent in 1992 to 11 percent in 1993.                       hypothesizes that local governments have
Share of Housing and Community Development                          under-spent for health and education. While
in the total expenditure did not change that                        the common view is that local governments
much posted a 5 percent share in1988                                are so cash-strapped that they do not have the
  Figures 8, 9 and 10 indicate how the                              funds for better service delivery, it may be that
different type of LGUs allocated their                              a more efficient expenditure management may
budgets. All of them allocate a bigger portion                      be able to address the lack of service delivery
                                                                    among the local population.

Figure 7: Distribution of LGU Expenditures, All LGUs 1988-2003

100%

  90%

  80%

  70%

  60%

  50%

  40%

  30%

  20%

  10%

      0
          1988

                  1989

                          1990

                                  1991

                                             1992

                                                    1993

                                                           1994

                                                                  1995

                                                                            1996

                                                                                   1997

                                                                                          1998

                                                                                                   1999

                                                                                                          2000

                                                                                                                 2001

                                                                                                                        2002

                                                                                                                               2003




            Other Purposes	                  Economic Services	          Social Services	Housing and Community Dev’t
            Social Security, Labor & Welfare Employment	Health, Nutrition & Population Control
            Education, Culture, Sports		                                 General Public Services


20
Table 3. Distribution of LGU Expenditures, All LGUs, 1988-2003

                                              1988   1989   1990   1991   1992   1993   1994   1995   1996   1997   1998   1999   2000   2001   2002   2003
     GRAND TOTAL                                100   100   100   100   100   100   100   100   100   100   100   100   100   100   100   100
     GENERAL PUBLIC SERVICES                  40.88 43.19 47.32 44.53 49.32 41.77 40.02 38.36 39.44 39.20 39.87 39.93 40.41 40.66 44.42 41.25
     EDUCATION,CULTURE, SPORTS                 8.01 6.78 3.94 3.58 8.09 7.35 7.11 7.16 7.54 8.06 8.59 7.45 7.35 7.59 5.24 6.30
     HEALTH, NUTRITION & POPULATION CONTROL    5.53 4.94 4.55 4.19 4.34 11.15 11.60 11.41 12.43 12.18 12.66 12.22 11.58 11.43 11.43 10.85
     SOCIAL SECURITY, LABOR & WELFARE
     EMPLOYMENT                                0.74 0.64 0.71 0.70 0.12 0.03 0.08 0.07 0.07 0.08 0.05 0.03 0.04 0.02 0.03 0.02
     HOUSING & COMMUNITY DEV’T                 5.37 5.31 4.58 4.83 5.76 5.96 6.12 5.78 4.84 4.35 4.23 4.39 4.28 5.11 3.92 4.79
     SOCIAL SERVICES                           1.67 1.95 2.21 2.13 1.66 2.32 2.15 2.06 2.19 2.18 2.22 2.19 2.34 2.45 2.29 2.42
     ECONOMIC SERVICES                        34.96 32.84 32.24 35.76 25.49 25.48 26.29 27.62 26.60 25.95 24.09 25.19 25.04 24.56 22.30 22.36
     OTHER PURPOSES                            2.83 4.36 4.45 4.27 5.22 5.95 6.63 7.52 6.89 8.01 8.28 8.60 8.96 8.19 10.37 12.01
                                                                                                                                                              TAX-EXPENDITURE ASSIGNMENT
                                                                                                                                                                                 Chapter 3




21
Fiscal Decentralization in the Philippines




Figure 8: Distribution of Total Expenditures - All Provinces, 1988-2003




     2003


     2002


     2001


     2000


     1999


     1998


     1997


     1996


     1995


     1994


     1993


     1992


     1991


     1990


     1989


     1988

         	
         0	 10	 20	30	40	 50


         Other Purposes	                Economic Services	   Social Services	Housing and Community Dev’t
         Social Security, Labor & Welfare Employment	Health, Nutrition & Population Control
         Education, Culture, Sports		                        General Public Services




22
Chapter 3
                                                                                   TAX-EXPENDITURE ASSIGNMENT




Figure 9: Distribution of Total Expenditures - All Municipalities, 1988-2003



  2003


  2002


  2001


  2000


  1999


  1998


  1997


  1996


  1995


  1994


  1993


  1992


  1991


  1990


  1989


  1988

      	
      0	 10	20	30	40	50	60	 70


      Other Purposes	            Economic Services	   Social Services	Housing and Community Dev’t
      Social Security, Labor & Welfare Employment	Health, Nutrition & Population Control
      Education, Culture, Sports		                    General Public Services




                                                                                                            23
Fiscal Decentralization in the Philippines




Figure 10: Distribution of Total Expenditures - All Cities, 1988-2003




        2003


        2002


        2001


        2000


        1999


        1998


        1997


        1996


        1995


        1994


        1993


        1992


        1991


        1990


        1989


        1988

             	
             0	 10	 20	30	40	 50


              Other Purposes	                Economic Services	   Social Services	Housing and Community Dev’t
              Social Security, Labor & Welfare Employment	Health, Nutrition & Population Control
              Education, Culture, Sports		                        General Public Services




24
Chapter 3
                                                                                         TAX-EXPENDITURE ASSIGNMENT



   A joint study by the Asian Development                     units is an empirical question. There has been
Bank and the World Bank in 2005 pronounced                    an improvement in public service delivery but
that overall the devolution of expenditure                    perhaps not in a significant way for all local
responsibilities to LGUs is consistent with the               government units. Llanto and Quimba (2010)
principle of subsidiarity (ADB 2005)29. The                   report recent findings of a survey conducted
report also noted that few devolved activities                by the Philippine Institute for Development
have spillover benefits outside LGU territorial               Studies, namely that:
jurisdictions and that the Code allowed LGUs
                                                              •	 For health, despite more than 10 years
to regroup into larger cooperative units when
                                                                 after devolving this function to local
they deem appropriate. As proof, it cited
                                                                 government units, there is still an overlap in
several cases of inter-LGU cooperation in
                                                                 the provision of services by LGUs and the
coastal resource management, solid waste
                                                                 national government. LGUs still have not
management, water supply development
                                                                 fully built capacity to provide better health
and distribution, and construction of inter-
                                                                 care services. Finally, LGUs and the central
municipal roads. Metropolitan arrangements
                                                                 government’s Department (Ministry) of
have also appeared in several places. Loehr
                                                                 Health have not clearly identified cost-
and Manasan (1999) find that the devolution
                                                                 sharing and assignment of functions
of expenditure responsibilities to LGUs is
                                                                 regarding delivery of health service.
generally consistent with the decentralization
theorem. The devolved activities are those “that              •	 For education, the School Based
can be provided at lower levels of government                    Management approach which centers on
. . . and few of them have benefits that spill                   giving the authority to school principals and
over outside the territorial jurisdiction of                     involving parents and other stakeholders in
the LGUs with exception of those related to                      school decisions is a good start for proper
environmental management” (Manasan 2005,                         phasing and right-sizing of functions yet
page 37)30.                                                      to be devolved. However, there is need for
                                                                 clear and proper delineation of functions,
  During the period after the enactment of                       capacities and funds between local and
the Local Government Code, there seems to                        national offices.
be a marked increase in LGU spending as
more resources had been made available to                     •	 For LGUs to better manage their own
LGUs. A JICA study (2008) notes that the top                    water resources there is a need for a clear
three service areas where improvement with                      delineation of powers, functions, and
devolution was noted in sample provinces,                       responsibilities, institutional development,
cities and municipalities are: 1) social welfare;               and source of financing.
2) health and nutrition; and 3) agriculture                     Pending better data and the conduct of
and fisheries. Undoubtedly the changes                        more systematic and in-depth studies, there
brought about the passage of the 1991 Local                   seems to be at best only anecdotal evidence
Government Code have resulted in an increase                  supporting claims of improvement in service
in LGU spending.                                              delivery in several local government units.
  On the other hand, whether there has been an                  For example, Klugman (1994) reports
overall improvement of public service delivery,               a Philippine study by Jimenez and others
governance and local development now that                     (1988) that for given levels of enrolment
these functions are with local government                     and quality, schools which rely more heavily
29	 Asian Development Bank (2005), Decentralization in the    on local funding are more efficient. There
   Philippines: Strengthening Local Government Financing &
   Resource Management in the Short Term, Mandaluyong City:   is a lower cost of delivery of education
   Asian Development Bank
30	 An exception is education (Manasan, 2005).                services. They also find that students at

                                                                                                                  25
Fiscal Decentralization in the Philippines




schools which relied more heavily upon local                          According to Brillantes and Tiu Sonco, since
funding had better ‘achievement scores’. A                            its establishment in 1994, Galing Pook has
special education fund, a surcharge on taxes                          received over 3000 nominations. Close to
on real property is administered by the                               250 programs coming submitted by some
local school board composed of the school                             152 local governments have been awarded.
principal, local government representative                            These initiatives range from the protection
and parents. The ADB (2005) noted a                                   of the environment, delivery of health and
growing number of examples of excellence                              sanitation, agricultural and educational
in service delivery, which seem to indicate                           services, local economic development, culture
that well-performing local governments may                            and tourism and livelihood generation. Table
be distinguished by their ability to access                           4 shows the number of Galing Pook awards
resources more effectively, and manage                                given since 1994.
them more transparently and accountably.


Table 4. Number of Awardees per Award Category (1994 – 2009)31

Rank                Award Category                                                 No. of Awardees
1                   Environmental Protection                                       51
2                   Local Economic Development                                     40
3                   Health and Sanitation                                          34
4                   Local Administration and Management                            24
5                   Sustainable Agriculture                                        21
6                   Livelihood/Income Generation                                   19
7                   Culture and Tourism                                            14
8                   Local Governance                                               14
9                   Social Welfare and Development                                 14
10                  Public Infrastructure                                          12
11                  Socialized Housing                                             12
12                  Education                                                      10
13                  Peace and Security                                             10
14                  Integrated Area Development                                    8
15                  Multi-sectoral Cooperation                                     7
16                  Disaster Management                                            6
17                  Child and Welfare Protection                                   5
18                  Gender Sensitivity                                             5
19                  Inter-LGU Cooperation                                          5
20                  Protective Services                                            5
21                  Power and Telecommunication Program                            4
22                  Information Technology                                         3
23                  Water Supply                                                   3
24                  Capability Building                                            2
25                  Justice System                                                 2
26                  Population                                                     2
27                  Advocacy                                                       1
28                  Sports Development                                             1
                                                                                         Source: Galing Pook Foundation 2010.

31	 Table prepared by Giana Aira Barata and Joebert Sayson, undergraduate students under the guidance of Prof. Jose Tiu Sonco II.



26
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines
Fiscal Decentralization in the Philippines

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Fiscal Decentralization in the Philippines

  • 2.
  • 3. Fiscal Decentralization in the Philippines United Nations Human Settlements Programme Nairobi 2011 Sec1:iii
  • 4. The Global Urban Economic Dialogue Series Fiscal Decentralisation in Philippines First published in Nairobi in 2011 by UN-HABITAT. Copyright © United Nations Human Settlements Programme 2011 All rights reserved United Nations Human Settlements Programme (UN-HABITAT) P. O. Box 30030, 00100 Nairobi GPO KENYA Tel: 254-020-7623120 (Central Office) www.unhabitat.org HS/129/11E ISBN Number(Series): 978-92-1-132027-5 ISBN Number(Volume): 978-92-1-132414-3 Disclaimer The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers of boundaries. Views expressed in this publication do not necessarily reflect those of the United Nations Human Settlements Programme, the United Nations, or its Member States. Excerpts may be reproduced without authorization, on condition that the source is indicated. Acknowledgements: Director: Oyebanji Oyeyinka Principal Editor and Manager: Xing Quan Zhang Principal Author: Gilberto M. Llanto English Editor: Roman Rollnick Design and Layout: Peter Cheseret iv
  • 5. FOREWORD Ur b a n i z a t i o n provision of adequate housing, infrastructure, is one of the education, health, safety, and basic services. most powerful, irreversible forces The Global Urban Economic Dialogue series in the world. It presented here is a platform for all sectors is estimated that of the society to address urban economic 93 percent of development and particularly its contribution the future urban to addressing housing issues. This work carries population growth many new ideas, solutions and innovative will occur in the best practices from some of the world’s cities of Asia and leading urban thinkers and practitioners Africa, and to a lesser extent, Latin America from international organisations, national and the Caribbean. governments, local authorities, the private sector, and civil society. We live in a new urban era with most of humanity now living in towns and cities. This series also gives us an interesting insight and deeper understanding of the wide Global poverty is moving into cities, mostly range of urban economic development and in developing countries, in a process we call human settlements development issues. It will the urbanisation of poverty. serve UN member States well in their quest for better policies and strategies to address The world’s slums are growing and growing increasing global challenges in these areas as are the global urban populations. Indeed, this is one of the greatest challenges we face in the new millennium. The persistent problems of poverty and slums are in large part due to weak urban economies. Urban economic development is fundamental to UN-HABITAT’s mandate. Joan Clos Cities act as engines of national economic Under-Secretary-General development. Strong urban economies of the United Nations, are essential for poverty reduction and the Executive Director, UN-HABITAT v
  • 6. vi
  • 7. Contents FOREWORD iii Contents iv CHAPTER 1 INTRODUCTION 1 Objective of the Report 2 CHAPTER 2 THE CONCEPT AND ELEMENTS OF FISCAL DECENTRALIZATION 5 Oates decentralization theorem 5 An adequate enabling policy environment 7 CHAPtER 3 TAX-EXPENDITURE ASSIGNMENT 11 Local government tax revenues: trend and composition, 1989-2009 11 Local government expenditures: trend and composition, 1989-2003 19 CHAPtER 4 iNTERGOVERNMENTAL FISCAL TRANSFERS 31 Instruments of intergovernmental fiscal transfers 31 Designing fiscal transfers 31 Philippine internal revenue allotment 33 Distributable resource pool 36 Distributive and allocative formula 38 CHAPTER 5 LOCAL GOVERNMENT FINANCING48 40 CHAPTER 6 CONCLUSIONS AND RECOMMENDATIONS 43 Bibliography 44
  • 8. Fiscal Decentralization in the Philippines Lists of Figures, Tables and boxes List of figures Figure 1 Three Branches of the Philippine Government 1 Figure 2 Philippine Local Government Units 2 Figure 3 Total Income, all LGUs, 1989-2009 14 Figure 4 Distribution of Total Income, all LGUs, 1989-2009 (%) 16 Figure 5 Distribution of Income by type of LGU, 1990 17 Figure 6 Distribution of Income by type of LGU, 2009 17 Figure 7 Distribution of LGU Expenditures, All LGUs 1988-2003 20 Figure 8 Distribution of Total Expenditures - All Provinces, 1988-2003 22 Figure 9 Distribution of Total Expenditures - All Municipalities, 1988-2003 23 Figure 10 Distribution of Total Expenditures - All Cities, 1988-2003 24 Figure 11 Local Income vs. Total Expenditure - All LGUs, 1988-2003 28 Figure 12 Total Income with IRA vs. Total Expenditure - All LGUs, 1989-2003 29 Figure 13 Total Income with IRA vs. Total Expenditure - by Type of LGU, 1990 29 Figure 14 Total Income with IRA vs. Total Expenditure - by Type of LGU, 1990 29 Figure 15 Local Income vs. Total Expenditures, by type of LGU, 1990 30 Figure 16 Local Income vs. Total Expenditures, by type of LGU, 2003 30 Figure 17 Release Procedure of the Internal Revenue Allotment99 34 List of tables Table 1 Tax assignment in cities, provinces and municipalities 12 Table 2 Distribution of Local Income, All LGUs, 1989-2009 (in million pesos) 15 Table 3 Distribution of LGU Expenditures, All LGUs, 1988-2003 21 Table 4 Number of Awardees per Award Category (1994 – 2009) 26 Table 5 Fiscal transfers to local government units 34 Table 6 Percentage Shares of LGUs in the Internal Revenue Allotment 35 Table 7 Distribution Formula for the Internal Revenue Allotment 35 List of Boxes Box 1 Assessment level by type of land 13 Box 2 An assessment of tax assignment to local government units 18 Box 3 The internal revenue allotment vis-à-vis other sources of local income 36 viii
  • 9. chapter 1 Introduction CHAPTER 1 INTRODUCTION Many developing countries, the Philippines bicameral and is composed of the Senate and included, have embarked on a major shift the House of Representatives. Senators are in policy and approach to development nationally elected while representatives are by decentralizing and devolving central elected by legislative districts. The judiciary is government powers, functions and composed of the Supreme Court and the lower responsibilities to local government units.1 courts. As of 2011. the political subdivisions In 1991, the Philippine Congress enacted the are the 80 provinces, 138 cities, 1, 496 Local Government Code, which devolved to municipalities, and 41, 945 barangays. They local government units the great responsibility are collectively referred to as local government of providing the local populace with a range units. The barangay is the lowest tier of local of basic public goods and services. governance. A group of barangays comprise a municipality. The more urbanized and The Philippines has a presidential unitary developed barangays comprise a city. There government system. The national government are two types of cities: (a) highly urbanized, has three independent branches, namely, the which is independent of the province, and executive, the legislature, and the judiciary. (b) component cities (smaller cities). A The executive is headed by a popularly elected cluster of municipalities or municipalities president. The executive branch is functionally and component cities, comprise a province. organized into sectoral departments, each Each local government is headed by directly headed by a cabinet secretary appointed by elected officials, namely, a chief executive the president. The legislature, or Congress, is and a legislative body called “sanggunians.”. 1 In the Philippines, these comprise provinces, cities and Figure 1 shows the three co-equal branches of municipalities. In other countries, these local government units government in the Philippines. Figure 2 shows are commonly known as sub-national governments or sub- national units. Throughout this paper, I retain the conventional the structure or layers of local government term used in the Philippines, namely “local government units” (LGUs). units in the country. Figure 1. Three Branches of the Philippine Government EXECUTIVE BRANCH LEGISLATIVE BRANCH JUDICIAL BRANCH President Congress Supreme Court Vice President Court of Appeals Court of Tax Appeals House of Senate Representatives Sandiganbayan Cabinet Secretariat Regional Trial Courts Other Special Courts 1
  • 10. Fiscal Decentralization in the Philippines Figure 2. Philippine Local Government Units Provinces Highly Urbanized Cities Municipalities Component Cities Barangays Barangays Barangays The 1991 Local Government Code in 1986” (Tayao 2010)3. Brillantes and (Republic Act 7160) provided local Tiu Sonco II (2010) saw decentralization government units with powers to tax and as reframing “the discourse of governance levy various fees and charges, and to borrow when local governments begun to play a key from the financial markets in order to raise role in governance in a country long steeped revenues for financing local development. A with a history of excessive centralization key element of fiscal decentralization is the and dominance by the center, the latest of inter-governmental fiscal transfer called the which was the domination by the Marcos ‘internal revenue allotment,’ which is a block dictatorship”. These political scientists called grant to local government units based on a attention to the substantial changes made formula designed by the Philippine Congress. in the politico-administrative system of the Philippines. They viewed the Code as a force, This is a ground-breaking legislation because which redefined the “notion of governance it has decentralized and devolved significant by providing the enabling framework for power and authority to local government units, local government-business partnerships, and unleashing tremendous opportunities for self- also local government-NGO partnerships, development at the local level2. In the period including opening the door to direct people preceding its enactment into law, the central participation in governance”. (national) government exerted control over virtually all aspects of local governance. The 1991 Local Government Code endows local Objective of the Report government units with fiscal autonomy and accountability to the local population, which The objective of this report is to determine constitute a major departure from firm direction to what extent fiscal decentralization has and control by the national government. empowered local government units in the Philippines to efficiently discharge the greater Local political scientists have enthusiastically responsibility over governance, public service observed that “decentralization has been delivery and local development mandated to the single most significant political reform them by the 1991 Local Government Code. after the fall of the Marcos dictatorship More specifically, it provides a descriptive 2 The Philippines has political decentralization because powers analysis of fiscal decentralization in the are devolved to political leaders who are directly elected by or accountable to the population as opposed to de-concentration 3 Tayao, Edmund (2010), “Decentralization in the Philippines: or administrative decentralization where power is devolved to Impact on Politics and Governance,” unpublished paper, appointees of the national government. December 09. 2
  • 11. chapter 1 Introduction Philippines. It focuses on local government negates the advantages given to decentralized fiscal policies and inter-governmental fiscal regimes of better local service delivery arising transfer and identifies local finance policy from closer matching of public services with reform issues, which policy makers should local preferences and greater efficiency in the address to enable local government units to provision of public goods. A recent paper by improve their local revenue-raising effort.4 Llanto and Quimba (2010) provides some The inability to raise adequate local revenues is empirical evidence that there has not been at the core of the problem of local government a significant improvement in the delivery units in delivering local public services. A of health and education services despite reason behind this is the inadequate taxing devolution5. Their empirical analysis seems to powers assigned to local government units, indicate that decentralization has not resulted resulting in a vertical fiscal imbalance, which in an improvement in the delivery of local occurs when the central government retains services, contrary to the popular notion, which control over major sources of tax revenues. tends to be based on anecdotal evidence. The intergovernmental fiscal transfer The report is organized as follows. To called the internal revenue allotment (IRA) provide context to the discussion, Section 2 significantly supplements or covers the provides a brief review of the concept of fiscal inadequacy in local revenue collection. The decentralization and its elements based on allocation or distribution formula for the recent literature. Section 3 discusses the tax- internal revenue allotment stands a close review expenditure assignment at the local level. It and improvement even as it has become the first discusses the structure and composition most important source of revenue for many of local tax revenues, fees and charges and local government units, especially the poorer then describes the pattern of local government municipalities. The irony is that the internal spending with focus on health and education, revenue allotment may have had a disincentive major expenditure items for which data are effect on local effort to raise revenues, making more readily available. A key finding is the many local government units dependent on it presence of an inefficient tax-expenditure for funding local development and services. assignment, which has constrained the The distribution formula for the IRA should envisaged development of local areas by local be improved but Philippine local government people utilizing local resources. This confirms units must exert effort to raise local revenues earlier findings of Manasan (2007) who found because failure to do so results in inefficient a mismatch between revenue resources and local service delivery and diminished expenditure needs of the various levels of local accountability. The IRA received by local government. government units has not been adequate enough to finance comprehensive service An issue overlooked by many local delivery and local development programs. researchers is the need for local government units to exert more effort to improve local A case can also be made about the need for expenditure management. The findings of local government units to improve local public Llanto and Quimba (2010) show that many expenditure management. Under-spending LGUs have been under-spending, which point on vital local public goods and services outs out the need for more efficient local affects the level of welfare of households and expenditure management. The key message of this section is the importance of providing 4 In the Philippines, sub-national governments are called “local government units” (LGUs), which are comprised of provinces, 5 Llanto, Gilberto M. and Francis Quimba (2010), municipalities, cities and “barangays.” Barangays are the “Decentralization and Local Service Delivery,” paper prepared smallest political unit headed by a local elective officer called for the Local Government Foundation, unpublished. “barangay captain.” Municipalities and cities are comprised of several barangays , respectively. 3
  • 12. Fiscal Decentralization in the Philippines local government units with ample power transfers, which cover both conditional and and authority to raise the necessary revenues unconditional fiscal grants. The biggest part of to finance local development but at the same the fiscal transfers is composed of the internal time, local government units must exert utmost revenue allotment. The current discourse and effort in improving local public expenditure proposals to increase the amount of the IRA, management. It is commonplace to hear in and at the same time change the formula for its various forums in the country complaints distribution has to be enlightened by findings about the inadequacy of local resources to of systematic research and study that has yet to address various development challenges. be undertaken. Policy makers cannot simply Llanto and Quimba (2010) indicate that there rely on the narrow metric of politics to decide is room for improving service delivery even on this significant issue. There is a crying under a regime of constrained resources. need to produce an evidence-based policy recommendation on how to improve the use Section 4 analyzes intergovernmental fiscal of this important fiscal tool. transfers, basically the major block fiscal grant called the “Internal Revenue Allotment Section 5 summarizes the status of local (IRA).” The IRA is the single biggest revenue government units’ access to development item for many LGUs and the section points out capital and identifies areas for policy reform. outstanding issues affecting the efficacy of this It looks at the outstanding constraints to fiscal tool for helping with local development. access to the capital markets and official Popular discourse on this topic inevitably development assistance and sketches pathways gravitates around suggestions to increase the to reform6. The final section pulls together the IRA from its current share of 40% of national findings in preceding sections, and draws some internal revenue taxes to 50 percent and even conclusions and policy recommendations. 60 percent with apparent disregard about the implications of the suggestion to the financing of the country’s overall national development 6 The major issues on access to capital markets were first agenda. There is a need for an in-depth presented and analyzed in Llanto, Gilberto M., and others (1998), Local Government Units’ Access to the Private Capital research and analysis of the Philippine Markets, Makati City: Philippine Institute for Development Studies. Some of those issues have been resolved, many others experience with intergovernmental fiscal have remained outstanding. 4
  • 13. Chapter 2 THE CONCEPT AND ELEMENTS OF FISCAL DECENTRALIZATION CHAPTER 2 THE CONCEPT AND ELEMENTS OF FISCAL DECENTRALIZATION7 Oates decentralization theorem devolved vast powers to local government units, introduced a significant shift in the A working definition of decentralization policy and institutional framework for is that by Faguet (2005) who defines it as development. In their review of Philippine “the devolution by central, (that is, national) decentralization, local scholars (Brillantes government of specific functions, with all of and Tiu, 2010; Tayao, 2010) noted that the administrative, political and economic the Philippine political and administrative attributes that these entail, to democratic system has been dominated by the central local (i.e. municipal) governments which are government since the time of the Spanish independent of the center within a legally colonization. A long history of centralization delimited geographic and functional domain”. meant that policies, programs, funding, A common denominator behind policy allocation of resources, etc were controlled makers’ decision to decentralize and devolve is and implemented by the central government the belief that this paradigm shift can improve situated in Manila (somewhat derisively the allocation problem in the economy, called “imperial Manila”). Thus, 1991 Local improve productive efficiency and bring about Government Code (Republic Act No. 7160) better cost recovery. In the last two decades, was a critical break point in the country’s decentralization has been at “the center stage political and administrative framework. In his of policy experiments in a large number of reading of recent Philippine political history, developing and transition economies in Latin Tayao (2010) called decentralization as “single America, Africa and Asia” (Bardhan 2003, most significant political reform after the fall page 1) for a number of reasons. For example, of the Marcos dictatorship in 1986.” a motivation for decentralization in Latin America was the disenchantment with military The thinking behind this is that greater rule and dictatorships, which has created a involvement of LGUs or sub-national units political culture that places a premium on in service provision, including the provision decentralized decision making to prevent a of basic infrastructure such as local roads, return to the past. In China, decentralization farm-to-market roads, communal irrigation was seen as a means for social cohesion, facilities, among others, will result in better faster economic growth and preservation of service delivery and accountability, provide communist party rule (Shah, 1997). opportunities for people participation in development, and create an enabling In the Philippines, the enactment into law environment for local private sector of the Local Government Code in October investments. 10, 1991, which decentralized and and Proponents of decentralization claim that it 7 The brief review of literature partly draws from Gilberto has provided a framework for responsive and M. Llanto, “Decentralization, Local Finance Reforms and New Challenges: The Philippines,” a paper presented at the accountable local governance. According to Third Symposium on Decentralization and Local Finance at the Institute for Comparative Studies in Local Governance Bird (1993) it has given local constituents what (COSLOG), National Graduate Institute for Policy Studies, Tokyo, Japan on March 10, 2009. they want and are willing to pay for, and the 5
  • 14. Fiscal Decentralization in the Philippines opportunity for greater local responsiveness and the harnessing of local energy for local and political participation. It has demonstrated development, which could make governments a potential to lead to more appropriate and to be “more responsive and efficient;” at the better-utilized facilities, lower costs per unit same time decentralization offers a practical of service and improved operations and avenue for “diffusing social and political maintenance (Klugman 1994)8. Devolution tensions and ensuring local cultural and is based on the subsidiarity principle and political autonomy” (Bardhan 2003, page 1). rests on the view that it results in improved efficiency in the delivery of public services, and Joumard and Kongsrud (2003) add that it hence a more efficient allocation of resources can strengthen the democratic process, allow in the economy (Dabla-Norris 2006)9. This governments to tailor the supply of public perspective draws from the classic distinction goods to local preferences and introduce some given by Musgrave about the different tasks competition across jurisdictions, thus raising of government in an economy: allocation public sector efficiency. At the same time, it (which is better done by local governments), must be recognized that it can entail efficiency stabilization and redistribution (which are losses, and make it difficult to implement better done by central government). redistributive policies and complicate macroeconomic management (ibid). A These views echo the decentralization theorem contrarian view is that “decentralization may (Oates,1972, page 55), which maintains that increase the participation of people at the “each public service should be provided by the local level but sometimes it is only a small jurisdiction having control over the minimum privileged elite group who get to participate” geographical area that would internalize (Conyers 1990, page 18) quoted by Oates benefits and costs of such provision.” Oates (1993). Faguet (2005) pointing out that there (1993) later observes that decentralization is a is little agreement concerning the effects of mechanism to make policy more responsive to decentralization in the empirical literature, local needs and to involve the local populace says that pessimists argue local governments in processes of democratic governance10. The are too susceptible to elite capture, and too economic case for decentralization is the lacking in technical, human and financial enhancement of efficiency that it introduces resources, to produce a heterogeneous range because locally provided public goods, of public services that are both reasonably which are more responsive to local taste and efficient and responsive to local demand. preferences are superior to centrally determined goods. Decentralization provides for “tailoring For political decentralization to be levels of consumption to the preferences of effective, it should be accompanied by smaller, more homogeneous groups” (Wallis fiscal decentralization. Many years ago in a and Oates 1988, page 5). Decentralization paper prepared for the World Bank Annual has laid down the foundation of a new, major Conference on Development Economics, “institutional framework” for the provision Tanzi (1996) observed that decentralization of of a range of benefits to local constituents fiscal activities can improve the allocation of public spending by making it more consistent 8 However, according to Klugman (1994) greater efficiency need not necessarily accompany decentralization, given the risk of with local preferences. Oates (1996) cites the loss of economies of scale, duplication and overlap. 9 Shah (2004) points out that the principle of subsidiarity potential contribution of decentralization in was introduced by the Maastricht Treaty for assignment of responsibilities among members of the European Union. enhancing allocative efficiency by providing According to this principle, taxing, spending and regulatory a menu of local outputs that reflects the functions should be exercised by the lowest levels of government unless a convincing case can be made for assigning the same to higher levels of government. 10 While a discussion of the opposing views may be interesting, this paper will not dwell on it because it is outside the scope and objectives of the paper. 6
  • 15. Chapter 2 THE CONCEPT AND ELEMENTS OF FISCAL DECENTRALIZATION varying wishes and conditions in local areas11. placed on the marginal amount of services for Furthermore, it can provide “political glue for which recipients are willing to pay is just equal countries with regional ethnic diversity” (Tanzi to the benefit they receive (Ebel and Yilmaz, 1996, page 295)12. Fiscal decentralization 2002; Oates 1972, 2006 )14 To implement is not always seen as conferring unmitigated this, sub-national (local) governments must be benefits to the local populace. Fiscal given the authority to exercise “own source” decentralization is not without its share of taxation at the margin and be in a financial controversy. Oates (2006) mentions some position to do so. This is the essence of fiscal analysis that “reveals its dark side, especially decentralization (Ebel and Yilmaz 2002). in practice” and that “raises some serious questions about its capacity to provide an Following Smoke (2001), the key elements unambiguously positive contribution to an that should be included in a good fiscal improved performance of the public sector” decentralization program are as follows: (pages 2-3). Smoke (2001) alludes to potential (a) an adequate enabling environment; (b) macroeconomic dangers and growth retarding assignment of an appropriate set of functions effects of fiscal decentralization, indicating to local governments; (c) assignment of an however that most of the evidence is anecdotal appropriate set of local own-source revenues and relevant only under particular uncommon to local governments; (d) the establishment circumstances or focused on correctable rather of an adequate intergovernmental fiscal than inherent problems. transfer system; and (d) the establishment of adequate access of local governments to This is not the place to expound on this development capital. interesting facet of fiscal decentralization as pointed out by Oates and others but certainly it poses a challenge to fiscal decentralization An adequate enabling policy analysts. Suffice it to say at this point that environment there is a need for more research and the production of comparative information on To begin with an enabling policy the extent to which and the conditions under environment for fiscal decentralization, which which the alleged benefits and disadvantages is clearly stated in constitutional mandate of fiscal decentralization have been realized or law, defining some minimum level of (Smoke 2001).13 autonomy, rights and responsibilities for local governments is important. The return of The decentralization theorem argues that democratic governance in the Philippines after sub-national governments can more efficiently the 1986 People Power Revolution following provide public services to identifiable a long period of martial rule in the 70s and recipients up to the point at which the value 80s has provided an enabling environment for 11 Oates, Wallace (1996), “Comment on ‘Conflicts and Dilemmas decentralization. The series of freely elected of Decentralization’ by Rudolf Hommes,” in Bruno, Michael and Boris Pleskovic, editors, Annual World Bank Conference on democratic governments since then have Development Economics, Washington, D.C.: The World Bank, continued to recognize that it is good for a pages 351-353. 12 Tanzi, Vito (1996), “Fiscal Federalism and Decentralization: A functioning democracy to allow local leaders Review of Some Efficiency and Macroeconomic Aspects,” in Bruno, Michael and Boris Pleskovic, editors, Annual World Bank and people to have the power and responsibility Conference on Development Economics, Washington, D.C.: The World Bank, pages 295-316. of deciding what goods and services to 13 Smoke, Paul (2001) “Fiscal Decentralization in Developing Countries: A Review of Current Concepts and Practice,” Democracy, Governance and Human Rights Programme 14 Robert D. Ebel, Robert and Serdar Yilmaz (2002), “On the Paper Number 2, United Nations Research Institute for Social Measurement and Impact of Fiscal Decentralization,” Policy Development, February. Professor Smoke declares that Research Working Paper 2809, The World Bank, March; anecdotal evidence and case studies provide some insights but Oates, Wallace (2006), “On the Theory and Practice of Fiscal there is a need for more policy experimentation and systematic Decentralization,” IFIR Working Paper No. 2006-05, May; research to understand the prospects for fiscal decentralization Oates, Wallace E. 1972. Fiscal Federalism. New York: Harcourt in developing countries. Brace Jovanovich 7
  • 16. Fiscal Decentralization in the Philippines produce and finance. The enactment into law Tax Code (Presidential Decree 231), and the of the 1991 Local Government Code signals a Real Property Tax Code (Presidential Decree major departure from the traditionally centrist 464). approach to governance and development in developing countries, which view the problem In the Philippines, the 1991 Local of development as one requiring the presence Government Code devolved to local of a strong central government that will lay government units the responsibility of down policy directions and allocate resources delivering local and basic public services accordingly. It may be recalled that before the and raising local or own-source revenues above-mentioned period of martial rule, there for financing their expenditure assignment. were a series of policy reforms leading toward Under the Local Government Code, local local autonomy. government units have autonomy in deciding on the composition of local spending, taxing Atienza (2006) related the quest for and borrowing that they would need to meet decentralization and autonomy in a recent local development objectives. Thus, local study15. The 1991 Local Government Code government units are now responsible for the may be a radical piece of legislation but it following areas: land use planning, agricultural is not the first decentralization law in the extension and research, community- country and it passed after five years of debate based forestry, solid waste disposal system, in Congress (Uchimura and Suzuki 2009)16. environmental management, pollution Guevara (2004) recounted that in 1959 the control, primary health care, hospital care, Local Autonomy Act (Republic Act 2264) social welfare services, local buildings and was passed to grant fiscal and regulatory structures, public parks, municipal services powers to local governments. In 1967, the and enterprises such as public markets and Decentralization Act (Republic Act 5185) abattoirs, local roads and bridges, health increased the financial resources and powers facilities, housing, communal irrigation, water of local governments. The 1973 Constitution supply, drainage, sewerage, flood control and of the Philippines mandated that the state inter-municipal telecommunications. “shall guarantee and promote the autonomy of local governments to ensure their fullest The Local Government Code also transferred development as self-reliant communities.” to local government units certain regulatory Martial rule stymied those reform efforts. functions. The fiscal transfers to local The 1991 Local Government Code, then, governments were likewise increased, with “institutionalized a systematic allocation of 40% of internally generated taxes allocated powers and responsibility between the national to local governments through the Internal and local governments” (Guevara 2004, page Revenue Allotment (IRA). In addition, the 1)17. The 1991 Local Government Code was Code encouraged the local government units a landmark legislation that gave rise to a major to explore alternative sources of revenue by shift in local governance (Manasan 2007). exercising their corporate powers in partnership The Code consolidated and amended the with the private sector. An innovation Local Government Code of 1983, the Local introduced by the Code is the provision of a framework for active participation of non- 15 Atienza, Maria Ela (2006), “Local Governments and Devolution in the Philippines,” in Noel Morada and Teresa Encarnacion, governmental organizations and civil society editors, Philippine Politics and Governance: An Introduction, Department of Political Science, University of the Philippines. in local governance18. Indeed, the new 16 Uchimura, Hiroko and Yurika Suzuki (2009), “Measuring Fiscal Decentralization in the Philippines,” IDE Discussion Paper No. 18 For a detailed discussion, see Brillantes, Alex, Gilberto 209, Institute of Developing Economies, July. M. Llanto, James Alm and Gaudioso Sosmena (2009), 17 Guevara, Milwida (2004), “The Fiscal Decentralization Process “Decentralization and Devolution in the Philippines: Status, in the Philippines: Lessons from Experience,” http://www.econ. Triumphs, Tests and Directions,” Report submitted to the hit-u.ac.jp/~kokyo/APPPsympo04/PDF-papers-nov/guevara- Department of the Interior and Local Government, unpublished i2004-revised2.pdf, date accessed August 29, 2011. paper, April 29 8
  • 17. Chapter 2 THE CONCEPT AND ELEMENTS OF FISCAL DECENTRALIZATION institutional framework for local development The succeeding sections of this paper has generated an enthusiastic response on the first outline the current status of (a) part of local government units (LGUs) to the tax-expenditure assignment, (b) the deliver better public services to local citizens. intergovernmental fiscal transfer (IRA), and It has promoted local autonomy by devolving (c) the access of local government units to expenditure responsibilities and vested greater development capital through borrowing, and taxing powers on local government units19. then highlight outstanding issues or problems which should be addressed by policy makers. 19 The paper does not discuss the Organic Act of Muslim Mindanao, which transfers to the regional government of the Autonomous Region of Muslim Mindanao all powers, functions, and responsibilities heretofore being exercised by the central government except (a) foreign affairs, (b) national defense, (c) postal service, (d) fiscal and monetary policy, (e) administration of justice, (f) quarantine, (g) citizenship, naturalization and immigration, (h) general auditing, civil service and elections, (i) foreign trade, (j) maritime, land and air transportation and communications that affect areas outside the ARMM, and (k) patents, trademarks, trade names and copyrights. For a discussion see Manasan (2005). 9
  • 18. Fiscal Decentralization in the Philippines 10
  • 19. Chapter 3 TAX-EXPENDITURE ASSIGNMENT CHAPTER 3 TAX-EXPENDITURE ASSIGNMENT A principal challenge faced by LGUs and Expenditures) from the Commission on is finding the means to raise adequate Audit’s Annual Financial Reports for Local financing for local development. The LGUs Government Units for the years 1989 to 2009. are a heterogeneous group with varying administrative, financial and technical capacities. There is also great variation in the Local government tax revenues: level of local development with the few highly trend and composition, 1989-2009 urbanized cities enjoying bigger and more buoyant tax bases. The rest of the LGUs are Table 1 summarizes the various taxes that composed of smaller cities and municipalities are assigned to local government units by with weaker local economies. Provinces are the Local Government Code. The Code also a heterogeneous lot with great variation has empowered local government units to in economic, administrative, financial, and set local tax rates and collect own-source technical capacities. The rising expectations revenues. Only cities and provinces can levy of the local populace for more and better the real property tax. The former shares the quality public services has to be matched by proceeds with their barangays while provinces the ability of local government units to find share the proceeds with the municipalities and substantial funding and to have better and barangays. Both provinces and cities are also more efficient implementation of programs authorized to impose a tax on the transfer of and project for local development. The 1991 real property, sand, gravel, and other quarry Local Government Code assigned taxing and resources; amusement places; franchises; spending powers to local government units. It professionals; delivery vans and trucks; and is an acknowledged principle that matching idle lands. On the other hand, municipalities expenditure and tax assignments is desirable and cities, but not provinces, are allowed to because this will enable the local governments levy the community tax and the local business to shape the supply of public goods according tax (i.e.,turnover tax levied on the gross to local preferences and willingness to pay receipts of businesses/traders)22. (Jourmard and Kongsrud 2003)20. The main sources of local incomes are To assess the fiscal performance of the LGUs, the IRA, property tax, the business tax, and time series data covering pre-decentralization service and business income from various local period (1989-1991) up to the present were economic enterprises. However, Section 133 of tabulated21 Income data were obtained from the Code also provides a detailed list of taxes, the Statement of Income and Expenses (SIE) 22 The first tier of government is the central government which operates through departments (ministries). The second tier while expenditure data were from the SAAOB of government is composed of local government units (LGUs) and one autonomous region, the ARMM. In general, the local (previously called Schedule of Appropriations government structure is composed of three layers. Provinces comprise the first layer. In turn, the province is divided into 20 Joumard, Isabelle and Per Mathis Kongsrud. 2003. “Fiscal municipalities and component cities, each of which is further relations across government levels.” Economics Department subdivided into barangays, the smallest political unit. At the Working Papers No. 375, Organization for Economic same time, independent cities (or highly urbanized cities) exist Cooperation and Development, December 10. at the same level as the provinces, i.e., they share the same 21 Sources: Commission on Audit’s Annual Financial Reports for functions and authorities. Independent cities are divided directly Local Government Units into barangays (Manasan 2005). 11
  • 20. Fiscal Decentralization in the Philippines which are revenue-productive but which only taxes, customs duties, value-added tax, and the the central government can impose. These excise taxes on alcoholic beverages, tobacco include the individual and corporate income products and petroleum products. Table 1. Tax assignment in cities, provinces and municipalities Tax base Cities Provinces Municipalities Barangays Transfer of real property X X Business of printing and publication X X Franchise X X Sand, gravel and other quarry resources X X * * Amusement places X X * Professionals X X Real property X X * * Delivery vans and trucks X X Idle lands X X Business X X X Community tax X X * *shares in the proceeds of levy of province Local generated revenues are basically the Tax Revenues includes Property Tax, Business tax revenues and non-tax revenues obtained Tax and Licenses and Other Taxes. Property from regulatory fees, service charge, income Tax is composed of real property tax, property from local enterprises and other receipts. The transfer tax, real property tax on idle lands, share of local own source revenues and non- special assessment tax and special education tax revenues to total LGU income was at 62 tax. Under Property Tax, the major one is the percent in 1989, decreasing over time. In real property tax. Provinces can levy a real 2009, it stood at 33 percent. As IRA’s share property tax not exceeding 1% of the assessed in the total LGU income increased through value of the real property. For cities, the real the years, tax revenues and non-tax revenues’ property tax rate should not exceed 2% of the share decreased. Please see Table 2 and Figure assessed value of the real property. The Local 3. From 38 percent in 1989 Tax Revenues Government Code defines the maximum shares dropped to 29 percent in 1992, and assessment level for each type of real property to 22 percent by 2009. As for the Non-Tax (Box 1). The assessment level varies from local Revenues, from 24 percent in 1989 it was government to local government based on down to 13 percent in 1992. By 2002 Non- local ordinances passed by the legislative body Tax Revenue was at its lowest at 7.5 percent, (“sanggunian”). then slowly picked up and was 11 percent by 2009. 12
  • 21. Chapter 3 TAX-EXPENDITURE ASSIGNMENT Box 1. Assessment level by type of land Assessment level on lands % (maximum under Local Government Code) Residential 20% Commercial 50% Industrial 50% Mineral 50% Timberland 20% The Local Government Code defines community tax, amusement tax, tax on sand “assessed value” (AV) as the fair market and gravel and other quarry products, etc. value of the real property multiplied by the Non-Tax Revenues on the other hand consists assessment level. It is synonymous to taxable of Service Income, Business Income, Other value. The assessment level is the percentage Income and Capital Revenues. Service Income applied to the fair market value to determine is classified as Government Services and the taxable value of the property. On the other Operating and Service Income in earlier years, hand, “fair market value” is defined by the and Service Income + Permits and Licenses in Local Government Code as fair market value” later years. Business Income includes income as the price at which a property may be sold from local economic enterprises or LEES by a seller who is not compelled to sell and such as markets, slaughterhouses, waterworks bought by a buyer who is not compelled to and transportation systems, and hospital fees buy. The real property tax (RPT) is computed among others. Other Income consists of LGU as follows: Shares from National Wealth, Economic Zones, EVAT and Tobacco Exise Tax, and RPT = AV x rate. other miscellaneous income. Capital Revenues Buyers of real property pay a one-time are mainly income from the sale of assets but property transfer tax when title to a real in later years it also included receipts from property passes on to them. The special the sale of confiscated goods and properties, education tax is an additional 1% tax on the disposed assets, securities and gains from assessed value of real property in addition foreign exchange. to the basic real property tax. A special The Property Tax has been the largest assessment tax on real property may be levied contributor when it comes to own-source to address a local development goal23. On the revenues with a share of 22 percent in 1989, other hand, the real property tax on idle lands followed by Business Taxes and Licenses and has generally not been implemented by local Business Income both at 10 percent but later government units due to political constraints. years especially after devolution, show that Business tax and licenses, or taxes on goods IRA has become a dominant source. Please and services in other years, includes business see Figure 4. The local government units tax, franchise tax, occupation tax, printing depended more on the IRA and this has and publication taxes, tax on fishing vessels eroded the effort of local government units to and tax on delivery trucks and vans among collect own-source revenues. For many local others. Under the category of Other Taxes are government units, it is much easier to just rely on the IRA transfer than it is to collect real 23 Recently Quezon City, one of the largest highly urbanized cities imposed a special levy of 0.5 percent on residential lots with property taxes and business taxes24. an assessed value of Pesos 100,000.00 (approximately US$2, 325.00 at the current exchange rate of Pesos 1 to US$ 1) to finance the construction of housing for informal settlers in the 24 The disincentive effect of IRA is discussed in succeeding city.. paragraph below. 13
  • 22. Fiscal Decentralization in the Philippines In general, there is a general downward percent and 6 percent in 1989 to 2 percent trend in the contribution of total local tax and 1 percent in 2009 respectively. Business and non-tax revenues to LGU income. By Tax, Service Income and Other Income did 2009 Property Tax is only at 11 percent not change that much through the years. It is of total LGU income while Business tax important to note that this general situation is dropped to 9.6 percent from its level of 10.5 true for provinces and municipalities but not in 1990 before the 1991 Code. Other Taxes for cities as indicated below. and Capital Revenue also went down from 4 Figure 3: Total Income, all LGUs, 1989-2009 200,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2008 2009 Total Tax Revenues Total Non Tax Revenues IRA 14
  • 23. Table 2. Distribution of Local Income, All LGUs, 1989-2009 (in million pesos)   1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2008 2009 Property Tax 21.9 22.9 21.4 16.3 13.3 13.0 13.6 14.2 14.2 13.9 12.8 12.7 13.4 12.4 13.4 13.4 13.6 12.5 11.8 10.7 Business Tax 11.5 10.5 10.0 9.3 13.3 8.8 9.5 10.9 10.3 10.3 10.0 9.4 10.1 10.0 10.0 10.7 10.8 10.8 10.9 9.6 Other Taxes1 4.7 3.6 3.5 3.5 5.7 2.8 3.2 2.7 2.7 2.8 2.4 2.4 2.0 1.7 1.9 1.7 1.7 1.6 1.6 1.5 TOTAL TAX REVENUES 38.1 37.0 34.8 29.1 32.3 24.7 26.3 27.8 27.2 27.1 25.1 24.4 25.5 24.1 25.3 25.8 26.1 24.9 24.3 21.8 Service Income2 4.0 3.4 3.1 3.8 3.1 3.0 2.9 3.2 3.0 2.8 2.7 2.6 2.8 2.6 2.7 3.0 3.3 3.3 3.5 3.3 Business Income3 11.6 12.2 11.3 6.7 5.8 5.7 5.2 5.7 5.4 5.5 4.8 4.6 4.7 3.2 3.2 3.9 3.8 3.9 3.9 4.1 Other Income 2.6 3.0 2.2 1.1 1.2 1.0 1.8 1.2 1.0 0.9 0.8 1.2 1.1 1.7 2.3 2.5 2.1 3.0 3.7 2.7 Capital Revenue 6.1 1.3 1.2 1.2 0.1 0.0 0.1 0.4 0.7 0.3 0.1 0.1 0.2 0.0 0.0 0.3 1.0 0.0 0.8 0.8 TOTAL NON TAX REVENUES 24.2 20.0 17.7 12.7 10.2 9.7 10.0 10.5 10.1 9.4 8.4 8.5 8.7 7.5 8.3 9.7 10.2 10.1 11.9 10.9 IRA 37.7 43.0 47.4 58.1 57.5 65.6 63.7 61.7 62.6 63.5 66.5 67.2 65.8 68.3 66.4 64.5 63.7 64.9 63.8 67.3 TOTAL LOCAL INCOME 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Source: Annual Financial Reports 1989-2009 1 - Includes Shares from National Wealth, Economic Zones, EVAT and Tobacco Exise Tax, PAGCOR/PCSO  2 - Includes regulatory fees and permits and licenses 3 - Includes receipts from local enterprises such as markets, slaughterhouse, transportation system, waterworks system, and hospital fees TAX-EXPENDITURE ASSIGNMENT Chapter 3 15
  • 24. Fiscal Decentralization in the Philippines Figure 4: Distribution of Total Income, all LGUs, 1989-2009 (%) 2009 2008 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 -10 0 10 20 30 40 50 60 70 80 Property Tax Business Tax Other Taxes Service Income Business Income Other Income Capital Revenue IRA 16
  • 25. Chapter 3 TAX-EXPENDITURE ASSIGNMENT Figures 5 and 6 compare the source of amounts of IRA individually because there are income of LGUs before (1990) the passage of fewer of them to divide the pie, so to speak. the 1991 Code and after several years (2009). This has motivated municipalities to of getting The broad taxing powers benefited more the higher amounts of IRA individually because cities than provinces and municipalities. They there are fewer of them to divide the pie, so have been dominant in all types of local taxes to speak. This has motivated municipalities and the internal revenue allotment. The cities to convince legislators to pass special laws have also the advantage of getting higher converting them into cities. Figure 5: Distribution of Income by type of LGU, 1990 80 70 60 50 40 30 20 10 0 Property Business Other Service Business Other IRA Total tax tax taxes Income Income Income Income Provinces Cities Municipalities Figure 6: Distribution of Income by type of LGU, 2009 80 70 60 50 40 30 20 10 0 Property Business Other Service Business Other IRA Total tax tax taxes Income Income Income Income Provinces Cities Municipalities 17
  • 26. Fiscal Decentralization in the Philippines An examination of revenue figures over the are most dependent on IRA. In an extreme period 1989-2009 indicates a significant decline case, the IRA allocations sometimes account in the share of provinces and municipalities in for 95 percent of local revenues and, in at least total LGU own-source revenue. This contrasts one case, 114 percent of total expenditures with the continuous increase in the share (ADB 2005)26. The dependence on IRA of cities in total LGU own-source revenue. results in weaker local fiscal autonomy, which An outstanding problem faced by provinces creates opportunities for greater control by the and municipalities is how to raise substantial central government, contrary to the envisaged revenues when they do not have very productive situation of local governments able to respond tax bases to begin with. The 1991 Code have to local needs and to match local outputs put certain limits on their taxing powers. with local preferences. To wean themselves Cities are more fortunate because they have away from central government control local broader taxing powers than municipalities and government units should strive for greater fiscal provinces. Please see Table 1 above. autonomy by working to significantly improve own-source revenues. Improving the collection Because of an inefficient tax assignment, of real property and local business taxes is an it is only the cities, which have the capacity important step to boost local fiscal autonomy. to raise the needed revenues. As Manasan (2007) has observed the distribution of Limits on sub-national government own-source revenues is in favor of cities, discretion to determine tax rates and tax bases and partly in favor of municipalities away significantly reduce local fiscal autonomy from provinces25. The cities have larger tax (Joumard and Kongsrud 2003). bases and consequently, buoyant revenue sources but the majority of local government Various researchers such as Manasan, Cuenca, units, that is, the municipalities have weaker Uchimura and Suzuki, Capuno, and Llanto, tax bases and thus, do not raise sufficient among others have noted the inefficiency in own-source revenues. They have remained tax assignment to local government units in dependent on fiscal transfers, principally the the Philippines. Manasan (2005) provides a internal revenue allotment (IRA) for funding good summary27 as shown in Box 2. local development activities. 26 Asian Development Bank (2005), Decentralization in the Philippines: Strengthening Local Government Financing & The dominance of IRA as revenue source Resource Management in the Short Term, Mandaluyong City: is very obvious. Provinces and municipalities Asian Development Bank 27 Manasan, Rosario G. 2005. “Local Public Finance in the Philippines: lessons in autonomy and accountability.” Philippine 25 Manasan, Rosario (2007), “Decentralization and Financing Journal of Development. Second Semester 2005, Vol. XXXII of Regional Development,” in Balisacan, Arsenio and Hal Hill, No. 2: 32-102. editors, The Dynamics of Regional Development: The Philippines in East Asia, Quezon City: Ateneo de Manila University Press. Box 2. An assessment of tax assignment to local government units • The Philippine tax assignment appears to be largely consistent with the traditional view of tax assignment. • It scores low on the autonomy criterion because (a) the Code fixes the tax rate of some of the taxes that are assigned to LGUs; (b) the Code sets limits (floors and ceilings) on the tax rates that LGUs may impose and maximum allowable rates are rather low; (c) in terms of real property assessment levels, the Code sets maximum assessment rates for different classes of property; (d) the Code mandates that tax rates can only be adjusted once in five years and by no more than 10 percent. 18
  • 27. Chapter 3 TAX-EXPENDITURE ASSIGNMENT • Future Code amendments should consider giving LGUs greater discretion in setting tax rates by raising the maximum allowable tax rates. • There is a need to move away from tax rates that are not indexed to inflation. • There is a need to simplify the structure of local business tax because different categories of firms are subject to different rate schedules. • There is a need to improve the tax administration machinery of local governments, e.g., employ certified public accountants to improve tax audit capability; use automation to improve revenue performance, etc. • There is a need to revise the schedule of market values for real property purposes because many provinces and cities have done a general revision of such schedules only once since 1991. • There is a need for many LGUs to revise their tax codes since only a few have made revision since 1992 even if some tax rates are not indexed to inflation. There are current legislative bills to modify 1992. In 1993 it dropped to 40 percent and the taxing powers of LGUs, e.g., Senate Bill maintained this level in the following years. 1458, which recommends transferring the mandate to tax sand, gravel, and other quarry The second largest local government resources to cities and municipalities. House expense is on Economic Services with a share Bill 1607 seeks to give additional sources of of 35 percent in 1989 which steadily declined revenue to provinces by requiring component through the years, with only 22 percent share cities to share their collection from real to total LGU expenditures by 2003. property taxes with the provinces. These Economic Services refers to activities directed proposals should be carefully examined in towards the promotion and enhancement view of the inequities in tax assignments and and the attainment of desired economic the IRA allocation formula. growth. Included in this category are agricultural, veterinary and natural resource services, architectural and engineering Local government services, operation of local enterprises such expenditures: trend and as markets, slaughter house, transportation composition, 1989-200328 and waterworks among others, cooperative programs, livelihood projects and other Table 3 and Figure 7 show that local economic development programs. governments spent most of their resources on General Public Services. General Public Services Rounding up the major components of LGU (GPS) include the essential requirements to expenditure are education and health services run the government such as the executive and housing and community development. and legislative services, treasury, assessment, Education, Culture, Sports and Manpower budgeting and auditing services, property Development covers expenditures for the and supply administration, and information support of schools and education facilities, services. GPS is highest in the late 80s thru planning and manpower development, sports, early 90s, reaching its peak at 49 percent in cultural preservation and enrichment. Health Services pertains to expenditures for national 28 The period covered does not include the following years: 2004-2009 because of noise in the latter years. There is a need health programs including medical, dental and to review the Schedule of Appropriation, Allotment, Obligation and Balances (SAAOB) for local government units especially in nutrition services. Housing and Community view of the recent shift to the New Government Accounting System (NGAS). Development includes expenditures for the 19
  • 28. Fiscal Decentralization in the Philippines provision of housing and sanitary services, of their budgets to general public services. promotion of community development, slum Expenditure for economic services follows as clearance, zoning and pollution control. the second biggest item of expense. There is a need to review local public expenditure Education, Culture, Sports and Manpower management for more efficient allocation of Development experienced a rise and fall trend resources. It seems that there is a relatively starting with an 8 percent share in total small allocation of investment in human expenditure in 1988, dropping to 4 percent capital (education, health and nutrition) and in 1991 and then back at 8 percent in 1992. infrastructure relative to other expenditure A steady decline followed until it reached its items. General public services are basically for lowest point in 2002 at 5 percent. Though general administration needed for the daily Health Services also experienced a decline from routine of running a local government. A 1988 to 1992, it posted a 7 percent increase recent paper by Llanto and Quimba (2010) from 4 percent in 1992 to 11 percent in 1993. hypothesizes that local governments have Share of Housing and Community Development under-spent for health and education. While in the total expenditure did not change that the common view is that local governments much posted a 5 percent share in1988 are so cash-strapped that they do not have the Figures 8, 9 and 10 indicate how the funds for better service delivery, it may be that different type of LGUs allocated their a more efficient expenditure management may budgets. All of them allocate a bigger portion be able to address the lack of service delivery among the local population. Figure 7: Distribution of LGU Expenditures, All LGUs 1988-2003 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Other Purposes Economic Services Social Services Housing and Community Dev’t Social Security, Labor & Welfare Employment Health, Nutrition & Population Control Education, Culture, Sports General Public Services 20
  • 29. Table 3. Distribution of LGU Expenditures, All LGUs, 1988-2003   1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 GRAND TOTAL 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 GENERAL PUBLIC SERVICES 40.88 43.19 47.32 44.53 49.32 41.77 40.02 38.36 39.44 39.20 39.87 39.93 40.41 40.66 44.42 41.25 EDUCATION,CULTURE, SPORTS 8.01 6.78 3.94 3.58 8.09 7.35 7.11 7.16 7.54 8.06 8.59 7.45 7.35 7.59 5.24 6.30 HEALTH, NUTRITION & POPULATION CONTROL 5.53 4.94 4.55 4.19 4.34 11.15 11.60 11.41 12.43 12.18 12.66 12.22 11.58 11.43 11.43 10.85 SOCIAL SECURITY, LABOR & WELFARE EMPLOYMENT 0.74 0.64 0.71 0.70 0.12 0.03 0.08 0.07 0.07 0.08 0.05 0.03 0.04 0.02 0.03 0.02 HOUSING & COMMUNITY DEV’T 5.37 5.31 4.58 4.83 5.76 5.96 6.12 5.78 4.84 4.35 4.23 4.39 4.28 5.11 3.92 4.79 SOCIAL SERVICES 1.67 1.95 2.21 2.13 1.66 2.32 2.15 2.06 2.19 2.18 2.22 2.19 2.34 2.45 2.29 2.42 ECONOMIC SERVICES 34.96 32.84 32.24 35.76 25.49 25.48 26.29 27.62 26.60 25.95 24.09 25.19 25.04 24.56 22.30 22.36 OTHER PURPOSES 2.83 4.36 4.45 4.27 5.22 5.95 6.63 7.52 6.89 8.01 8.28 8.60 8.96 8.19 10.37 12.01 TAX-EXPENDITURE ASSIGNMENT Chapter 3 21
  • 30. Fiscal Decentralization in the Philippines Figure 8: Distribution of Total Expenditures - All Provinces, 1988-2003 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 0 10 20 30 40 50 Other Purposes Economic Services Social Services Housing and Community Dev’t Social Security, Labor & Welfare Employment Health, Nutrition & Population Control Education, Culture, Sports General Public Services 22
  • 31. Chapter 3 TAX-EXPENDITURE ASSIGNMENT Figure 9: Distribution of Total Expenditures - All Municipalities, 1988-2003 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 0 10 20 30 40 50 60 70 Other Purposes Economic Services Social Services Housing and Community Dev’t Social Security, Labor & Welfare Employment Health, Nutrition & Population Control Education, Culture, Sports General Public Services 23
  • 32. Fiscal Decentralization in the Philippines Figure 10: Distribution of Total Expenditures - All Cities, 1988-2003 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 0 10 20 30 40 50 Other Purposes Economic Services Social Services Housing and Community Dev’t Social Security, Labor & Welfare Employment Health, Nutrition & Population Control Education, Culture, Sports General Public Services 24
  • 33. Chapter 3 TAX-EXPENDITURE ASSIGNMENT A joint study by the Asian Development units is an empirical question. There has been Bank and the World Bank in 2005 pronounced an improvement in public service delivery but that overall the devolution of expenditure perhaps not in a significant way for all local responsibilities to LGUs is consistent with the government units. Llanto and Quimba (2010) principle of subsidiarity (ADB 2005)29. The report recent findings of a survey conducted report also noted that few devolved activities by the Philippine Institute for Development have spillover benefits outside LGU territorial Studies, namely that: jurisdictions and that the Code allowed LGUs • For health, despite more than 10 years to regroup into larger cooperative units when after devolving this function to local they deem appropriate. As proof, it cited government units, there is still an overlap in several cases of inter-LGU cooperation in the provision of services by LGUs and the coastal resource management, solid waste national government. LGUs still have not management, water supply development fully built capacity to provide better health and distribution, and construction of inter- care services. Finally, LGUs and the central municipal roads. Metropolitan arrangements government’s Department (Ministry) of have also appeared in several places. Loehr Health have not clearly identified cost- and Manasan (1999) find that the devolution sharing and assignment of functions of expenditure responsibilities to LGUs is regarding delivery of health service. generally consistent with the decentralization theorem. The devolved activities are those “that • For education, the School Based can be provided at lower levels of government Management approach which centers on . . . and few of them have benefits that spill giving the authority to school principals and over outside the territorial jurisdiction of involving parents and other stakeholders in the LGUs with exception of those related to school decisions is a good start for proper environmental management” (Manasan 2005, phasing and right-sizing of functions yet page 37)30. to be devolved. However, there is need for clear and proper delineation of functions, During the period after the enactment of capacities and funds between local and the Local Government Code, there seems to national offices. be a marked increase in LGU spending as more resources had been made available to • For LGUs to better manage their own LGUs. A JICA study (2008) notes that the top water resources there is a need for a clear three service areas where improvement with delineation of powers, functions, and devolution was noted in sample provinces, responsibilities, institutional development, cities and municipalities are: 1) social welfare; and source of financing. 2) health and nutrition; and 3) agriculture Pending better data and the conduct of and fisheries. Undoubtedly the changes more systematic and in-depth studies, there brought about the passage of the 1991 Local seems to be at best only anecdotal evidence Government Code have resulted in an increase supporting claims of improvement in service in LGU spending. delivery in several local government units. On the other hand, whether there has been an For example, Klugman (1994) reports overall improvement of public service delivery, a Philippine study by Jimenez and others governance and local development now that (1988) that for given levels of enrolment these functions are with local government and quality, schools which rely more heavily 29 Asian Development Bank (2005), Decentralization in the on local funding are more efficient. There Philippines: Strengthening Local Government Financing & Resource Management in the Short Term, Mandaluyong City: is a lower cost of delivery of education Asian Development Bank 30 An exception is education (Manasan, 2005). services. They also find that students at 25
  • 34. Fiscal Decentralization in the Philippines schools which relied more heavily upon local According to Brillantes and Tiu Sonco, since funding had better ‘achievement scores’. A its establishment in 1994, Galing Pook has special education fund, a surcharge on taxes received over 3000 nominations. Close to on real property is administered by the 250 programs coming submitted by some local school board composed of the school 152 local governments have been awarded. principal, local government representative These initiatives range from the protection and parents. The ADB (2005) noted a of the environment, delivery of health and growing number of examples of excellence sanitation, agricultural and educational in service delivery, which seem to indicate services, local economic development, culture that well-performing local governments may and tourism and livelihood generation. Table be distinguished by their ability to access 4 shows the number of Galing Pook awards resources more effectively, and manage given since 1994. them more transparently and accountably. Table 4. Number of Awardees per Award Category (1994 – 2009)31 Rank Award Category No. of Awardees 1 Environmental Protection 51 2 Local Economic Development 40 3 Health and Sanitation 34 4 Local Administration and Management 24 5 Sustainable Agriculture 21 6 Livelihood/Income Generation 19 7 Culture and Tourism 14 8 Local Governance 14 9 Social Welfare and Development 14 10 Public Infrastructure 12 11 Socialized Housing 12 12 Education 10 13 Peace and Security 10 14 Integrated Area Development 8 15 Multi-sectoral Cooperation 7 16 Disaster Management 6 17 Child and Welfare Protection 5 18 Gender Sensitivity 5 19 Inter-LGU Cooperation 5 20 Protective Services 5 21 Power and Telecommunication Program 4 22 Information Technology 3 23 Water Supply 3 24 Capability Building 2 25 Justice System 2 26 Population 2 27 Advocacy 1 28 Sports Development 1 Source: Galing Pook Foundation 2010. 31 Table prepared by Giana Aira Barata and Joebert Sayson, undergraduate students under the guidance of Prof. Jose Tiu Sonco II. 26