Part 2. LOCAL AUTONOMY Flashcards
What is the form of LGU bureaucracy?
The form of LGU bureaucracy is unitary, not federal.
(Magtajas vs. Pryce Properties and Philippine Amusements and Gaming Corporation, G.R. No.111097, July 20, 1994).
Is LGUs autonomy absolute?
NO
LGs as political and territorial subdivisions are units of the State. Being
so, any form of autonomy granted to LGs will necessarily be limited and confined within the extent allowed by the central authority.
(Magtajas vs. Pryce Properties and Philippine Amusements and Gaming Corporation, G.R. No. 111097, July 20, 1994).
LGs are not sovereign units within the State. They are not empires within an empire
(Lina, Jr. vs. Paňo, G.R. No. 129093, August 30, 2001;Magtajas vs. Pryce Properties and Philippine Amusements andGaming Corporation, G.R. No. 111097, July 20, 1994).
Does autonomy contemplate making mini-states out of LGs?
NO
Autonomy does not contemplate making mini-states out of LGs.
(Ganzon vs. Court of Appeals, G.R. No. 93252, August 5, 1991). In the
words of Jefferson, “Municipal corporations are the small republics from which the great one derives its strength” (Philippine Gamefowl
Commission v. Intermediate Appellate Court, G.R. No. 72969-70,
December 17, 1986).
Local autonomy granted to LGUs does not completely sever them from the national government or turn them into impenetrable states.
Autonomy does not make local governments sovereign within the
state. Thus, notwithstanding the local fiscal autonomy being enjoyed by LGUs, they are still under the supervision of the President and may be held accountable for malfeasance or violations of existing laws
(Villafuerte v. Robredo, G.R. No. G.R. No. 195390, December 10, 2014).
Does LGU enjoys local autonomy?
All LGUs enjoy local autonomy. This is a constitutional right (Section 2, Article X,
1987 Constitution) which cannot be taken away save in a constitutional revision.
What does local autonomy means?
Local autonomy means a more responsive and accountable local government
structure instituted through a system of decentralization.
(Section 3, Article X,1987 Constitution; 2[a], 1991 LGC; Ganzon vs. Court of Appeals, G.R. No.93252, August 5, 1991).
What is the purpose of local autonomy?
Local autonomy also grants local governments the power to streamline and reorganize. This power is inferred from Section 76 of the Local Government Code on organizational structure and staffing pattern, and Section 16 otherwise known as the general welfare clause.
Local autonomy allows an interpretation of Secs. 76 and 16 of the LGC as granting a city the authority to create its organization development program.
(City of General Santos vs. COA, G.R. No.199439, April 22, 2014).
Local autonomy, which is protected by the Constitution, is intended to
provide the needed impetus and encouragement to the development
of local political subdivisions as “self-reliant communities.” This objective could be blunted by undue interference by the national government in purely local affairs which are best resolved by the
officials and inhabitants of such political units.
(Belgica v. Ochoa, G.R.
No. 208566, 19 November 2013, citing Philippine Gamefowl)
Legislators, who are national officers, who intervene in affairs
of purely local nature through the “Pork Barrel” system, despite the existence of capable local institutions such as local legislative councils and local development councils, subvert genuine local autonomy.
(Belgica, et..al., v. Ochoa, et.
al., G.R. 208566, November 19, 2013).
What are the TWO levels of decentralization?
There are two levels of decentralization. Local autonomy is either
decentralization of administration or decentralization of power.
(Limbona vs. Mangelin, G.R. No. 80391, February 28, 1989).
What is decentralization?
Decentralization is the devolution of national administration (not power) from the national government to the LGUs.
What is deconcentration?
It is the flow of autonomy from the national government towards the regional agencies.
It is an ADMINISTRATIVE DECENTRALIZATION.
What is devolution?
Devolution is a POLITICAL DECENTRALIZATION.
Devolution: act by which the national government confers power and authority upon the various LGUs to perform specific functions and responsibilities.
(LGC Sec. 17) the transfer of power and authority from the National Government to LGUs to enable them to perform specific functions and responsibilities (Art. 24, IRR of the LGC)
The power to regulate and responsibility to deliver basic services are
the functions devolved to LGs. Examples are (Section 17[e], 1991
LGC):
Conflicting interpretation of two interpretations, one in favor of centralized power and the other beneficial to local autonomy.
Where a law is capable of two interpretations, one in favor of centralized power
and the other beneficial to local autonomy, the scales must be weighed in favor
of autonomy (San Juan vs. Civil Service Commission, G.R. No. 92299, April 19,
1991).
What is the nature of devolution?
Devolution is a legislative act. As to what state powers should be decentralized
and what may be delegated to LGs remains a matter of policy, which concerns
wisdom. It is therefore a political question.
