M1 Flashcards
What is the definition of local government according to the United Nations?
Local government is defined as “political subdivisions of a nation or state” and “as parts of the government with subordinate status which are below the central or senior government” (UN, 1962; Largo, 2020).
Example: Local governments are subordinate entities with no inherent powers.
How is local government defined in Section 15 of the Local Government Code of 1991 (RA 7160)?
Local government is defined as a “body politic and corporate endowed with powers to be exercised by it in conformity with laws” (RA 7160).
Example: Local government has powers to be exercised in accordance with laws.
What does ‘Local Governance’ mean?
“Local Governance” simply means the management of political, economic, and administrative affairs of the territorial and political subdivision of the State.
Example: Local governance involves the management of various affairs within a specific area.
What are the elements of local government according to Tapales (1995)?
- Subordination – Local governments are subordinate entities with no inherent powers.
- Territorial boundary of governance – Local government has power in defined geographical subdivisions.
Example: Local governments receive delegated powers from higher authorities.
What are the features and distinctions of local governments according to Tapales (1995)?
- Local governments are made up of layers of authority.
- Field organizations of the central government are distinguished.
- Local governments are “general purpose” authorities.
- Local governments are corporate entities.
Example: Local governments have distinct features and functions.
What is a corporation?
A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incident to its existence (Section 2, RA 11232).
Example: A corporation is a legal entity with specific powers and rights.
What is a municipal corporation?
A municipal corporation is a body politic or corporate established by law to assist in the civil government of the state, with delegate authority to regulate and administer the local or internal affairs of a city, town, or district which is incorporated (McQuillin, 1909).
Example: Municipal corporations have authority over local affairs.
What are the elements of a municipal corporation according to Largo (2020)?
- Legal Creation/Incorporation.
- Corporate Name.
- Inhabitants.
- Territory.
Example: Municipal corporations have specific elements defining their existence.
What are the dual nature and functions of municipal corporations according to Section 15 of RA 7160?
- Government function (public or political).
- Proprietary function (private, patrimonial or corporate).
Example: Municipal corporations serve both public and private functions.
What are the dual nature and functions of Municipal Corporations?
- Government function (public or political). It involves the administration of the power of the local government and promoting the public welfare of its residents.
- Proprietary function (private, patrimonial or corporate). It is exercised for the special benefit and advantage of the community and for the attainment of their collective agenda and needs.
Section 15, RA 7160
What functions do municipal corporations have?
- Police power
- Power to generate and apply resources
- Eminent domain
- Reclassification of lands
- Closure and opening of roads
- Corporate powers
- Authority to negotiate and secure grants
Largo, 2020; RA 7160
What is the role of Police Power in local governments?
- Police power is one of the inherent powers of the State to regulate conduct for the promotion of the general welfare.
Local Police Power
What are the requisites of exercising local police power?
- Must not contravene with the Constitution or any statutes;
- Must not be unfair or oppressive;
- Must not be partial or discriminatory;
- Must not prohibit but may regulate trade;
- Must be general and consistent with public policy; and
- Must not be unreasonable.
Local Police Power
What is the principle of Subsidiarity in relation to local autonomy?
A principle which expressed a preference of governance at the most local level consistent with achieving government’s purpose justifies the grant of local autonomy.
Quadragesimo Anno, 1931 Papal Encyclical of Pope Pius XI
What does Democratic decentralization entail?
Democratic decentralization- is the development of reciprocal relationships between central and local governments and between local governments and citizens. It addresses the power to develop and implement policy, the extension of democratic processes to lower levels of government, and measures to ensure that democracy is sustainable.
