Prof. Josefina B. BitonioPA 101 Local Governance and

Administration

Coun. Margiie Lou HumildePresenter

Good governance Framework of Governance Overview of Decentralization in the

Philippines.

Basic Elements Areas of ActionAccountability Public Sector Management, Public Enterprise

Management, Public Financial Management, Civil Service Reform

Participation Participation of beneficiaries and affected groups, Interface between government and private sector, decentralization of public and service delivery functions (empowerment of Local Governments), cooperation with Non-Government Organizations

Predictability Law and Development, Legal Frameworks for Private Sector Development

Transparency Disclosure of Information

GOOD GOVERNANCE

Consensus Oriented

Participatory

Follows the rule of the Law

Accountable

Effective and Efficient

Transparent

Responsive

Equitable and Inclusive

Status Quo isUNACCEPTABLE!!!!!!

Need to be angry about injustice!

But also recognize that something can be done about it that’s why we are all here

studying good governance

Need to be hopefulNeed for REFORM

Reform institutions, processes, procedures

Leadership and Political Will

Reform mindsets, paradigms and behavior

Active Citizens Engagement

GOOD GOVERNANCE

EFFECTIVE GOVERNMENT

NATIONAL/LOCAL

GOVERNMENT

SUSTAINABLE DEVELOPTMEN

T

GOVERNMENT SECTOR

PRIVATE SECTOR

CIVIL SOCIETY

Aquino Administration (1986-1992)

-rural development thru the Comprehensive Agrarian Reform Program (CARP)

Ramos Administration (1992-1998)

-economic growth- Social Reform Agenda (SRA) that included a list of flagship programs for the 20 poorest provinces of the country

Estrada Administration (1998-2001)

-pro-poor agenda revolved around the Lingap Para sa Mahihirap (identify the poorest families in each province and city and provide them with a package of assistance thru a newly created agency, the National Anti-Poverty Commission)

Macapagal-Arroyo Administration (2001-2010)

4 components• an economic philosophy of free enterprise appropriate to the 21st century;•A modernized agricultural sector founded on social equity;•A modernized agricultural sector founded on social equity;•A social bias toward the disadvantaged to balance the economic development plan; and to raise the moral standards of government and society

More than two decade of decentralization in the Philippines with the enactment of the Local Government Code of 1991

Centralized set up unable to respond to the demands

Decentralization within the context of overall efforts to democratize the polity

LGC of 1991 brought about massive changes at the local government level

Dispersal of power and autonomy from center to local

Dispersal of power and autonomy from center to local

Access to government institutions Less government-engage private sector

and civil society in governance Recognize the key role of LGU in poverty

reduction and service delivery and the attainment of the MDGs

Historical Period Significant Historical Development that affected Decentralization and Local Governance

Pre-Hispanic Societies • The Chieftain of native settlements exercised executive, judicial and legislative powers assisted by Council of Elders• Monarchial Chieftain called the datu, panginoo or pangolo heads an autonomous territorial and political units

Spanish Colonial Period (1521-1902)

• Colonial governments consolidated autonomous villages into pueblos (towns), cabildos (cities) and provincias(provinces).• In 1983, the Spanish Colonizers enacted the Maura Law

Access to government institutions Less government-engage private sector and

civil society in governance Recognize the key role of LGU in poverty

reduction and service delivery and the attainment of the MDGs

Enable local governments become competitive in the international market

Decentralization a basic pillar of good governance

1st Philippine Republic under Malolos Constitution

• In 1898, Malolos Constitution introduced “decentralization” and “administrative autonomy” by instituting localized law-making bodies through the municipal and provincial assemblies. Local officials were then elected on a popular basis

American occupation (1902-1935)

• Promulgation of a number of policies promoting local autonomy•Largely because of security considerations, local affairs had to be under the control of the Americans

Commonwealth Period (1935-1946)

• local Governments were placed under the general supervision of the President following the provision embedded in Article VII Section II of the 1945 Constitution.• President, by statute, could after the jurisdictions of local governments and in effect, create or abolish them•President Quezon preferred to appoint the chief officials of cities

Post-war Era (1946-1972)

• In 1959, the first local autonomy act (RA 2264) entitled “An Act Amending the Laws Governing Local Governments by Increasing their Autonomy and Reorganizing Provincial Governments” was enacted. This act vested in City and municipal governments greater fiscal, planning and regulatory powers. It broadened the taxing powers of the cities and municipalities within the framework of national taxing laws.•In 1959, the Barrio Charter Act (RA 2370) sought to transform the barrios, the smallest political unit of the local government system into quasi-municipal corporations by vesting them some taxing powers. Barrios were to be governed by an elective barrio council.•“Decentralization Act of 1967” (RA 5185) It further increased the financial resources of local governments and broadened their decision-making powers over administrative (mostly fiscal and personnel) matters.

Marcos Regime (1972-1986)

• The imposition of Martial Law in 1972, which abolished local elections and vested in the dictator the powers to appoint local officials who were beholden to him, was a great setback for the local autonomy movement• 1973 Constitution rhetorically committed itself to policy of local autonomy•Local Government Code of 1983 (Batas Pambansa Bilang 337) which reiterated the policy of the State of Local autonomy

Post Marcos Era (1986-present)

• 1987 constitution was promulgated. It included specific provisions guaranteeing autonomy to local governments.• The Local government Code ( also known as the Local Autonomy Act) was enacted in 1991.

Period Milestones in Local Government50s • period of Community Development60s • beginnings of decentralization policy with RA 5185 and the

pilot decentralization of three sectors, i.e., agriculture, health and engineering

70s • combination of administrative decentralization under the IRP and political centralization under martial law

80s • The passage of Local Government Code-BP 337; then its interruption with the people power revolution in 1986 and the inclusion of local autonomy in the Constitution

90s • passage of Local Government Code RA 7160 and its implementation, including monitoring and evaluation through the Rapid Field Appraisals

2000 • institutionalization of decentralization and local autonomy, and implications upon such by the issuance of EO 444 calling for a strategic review of decentralization, and EO 669 with the government officially advocating federalism

Areas of Governance

Feature

Basic Services Devolved to local government units’ responsibility for the delivery of various aspect of basic services.• health (field health and hospital services and other tertiary services);•Social Services (social welfare services);•Environment (community-based forestry projects)•Agriculture (Agricultural extension and on-site research);•Public works (funded by local funds);•Education ( school building program);•Tourism (facilities, promotion and development);•Telecommunications services and housing projects (for provinces and cities); and •Other services such as investment support

Regulatory Functions

Developed to local government the responsibility for the enforcement of selected regulatory powers• reclassification of agricultural lands;• enforcement of environmental laws;•Inspection of food products and quarantine;•Enforcement of national building code;•Operation of tricycles;•Processing and approval of subdivision plans; and•Establishments of cockpits and holding of cockpits.

ParticipationEntrepreneurship Laid the foundation for the development and evolution of more

entrepreneurial-oriented local governments.• LGU can enter into build-operate-transfer (BOT) arrangements with the private sector,•LGU can float bonds•LGU can obtain loans from local private institutions, etc.,

Participation

Participation Provided legal and institutional infrastructure for expanded participation of civil society in local governance• allocated to non-governmental organizations (NGOs) and people’s organization (Pos) specific seats in local health board, and the local school board)•Recall and people’s initiative provisions

Finance Increased the financial resources to local government units• broadened their taxing powers;• provided LGU with a specific share from the national wealth exploited in their area, e.g., mining, fishery and forestry charges; and•Increased LGU’s share from the national taxes, i.e., internal revenue allotment (IRA), from a previously low of 11% to as much as 40%•Increased the elbowroom of LGU to generate revenue from local fees and charges

Entrepreneurship Laid the foundation for the development and evolution of more entrepreneurial-oriented local governments.• LGU can enter into build-operate-transfer (BOT) arrangements with the private sector,•LGU can float bonds•LGU can obtain loans from local private institutions, etc.,