Local government in the Philippines

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In the Philippines, local government is divided into three levels: provinces and independent cities, component cities and municipalities, and barangays, all of which are collectively known as local government units (LGUs). In some areas, above provinces and independent chartered cities are autonomous regions, such as the Bangsamoro Autonomous Region in Muslim Mindanao. In towns and some cities they remit their revenue to national government and goes back in a form of IRA. Below barangays in some cities and municipalities are sitios and puroks. All of these, with the exception of sitios and puroks, elect their own executives and legislatures. Sitios and puroks are often but not necessarily led by an elected barangay councilor.

Contents

Provinces and independent cities are organized into national government regions but those are administrative regions and not separately governed areas with their own elected governments.

According to the Constitution of the Philippines, the local governments "shall enjoy local autonomy", and in which the Philippine president exercises "general supervision". Congress enacted the Local Government Code of the Philippines in 1991 to "provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of local units." [1] [2] Local government units are under the control and supervision of the Department of the Interior and Local Government. The DILG (National Office Unit) makes these units centralized again, escorting' with the province representative, the barrio level laws up to the congress specifically at the senate, to be approved and sign by the president.

Levels of local government

Local government hierarchy
President of the Philippines
Autonomous regions
Provinces Independent cities Provinces Independent cities
Component cities Municipalities Component cities Municipalities
Barangays Barangays Barangays Barangays Barangays Barangays
The dashed lines emanating from the president means that the President only exercises general supervision on local government.
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Autonomous regions

Autonomous regions have more powers than other local governments. The constitution limits the creation of autonomous regions to Muslim Mindanao and the Cordilleras but only one autonomous region exists: the Bangsamoro, which replaced the Autonomous Region in Muslim Mindanao (ARMM). In 1989, a plebiscite established the ARMM. In 2001, a plebiscite in the ARMM confirmed the previous composition of the autonomous region and added Basilan (except for the city of Isabela) and Marawi in Lanao del Sur. Isabela City remains a part of the province of Basilan despite rejecting inclusion in the ARMM. In 2019, another plebiscite confirmed the replacement of the ARMM with the Bangsamoro, and added Cotabato City and 63 barangays in Cotabato.

A Cordillera Autonomous Region has never been formed because two plebiscites, in 1990 and 1998, both resulted in just one province supporting autonomy; this led the Supreme Court ruling that autonomous regions should not be composed of just one province.

Each autonomous region has a unique form of government. The ARMM had a regional governor and a regional legislative assembly, mimicking the presidential system of the national government. The Bangsamoro will have a chief minister responsible to parliament, with parliament appointing a wa'lī, or a ceremonial governor, in a parliamentary system.

Provinces

Outside the lone autonomous region, the provinces are the highest-level local government. The provinces are organized into component cities and municipalities. A province is governed by the governor and a legislature known as the Sangguniang Panlalawigan.

Cities and municipalities

Municipal government in the Philippines is divided into three – independent cities, component cities, and municipalities (sometimes referred to as towns). Several cities across the country are "independent cities" which means that they are not governed by a province, even though like Iloilo City the provincial capitol might be in the city. Independent city residents do not vote for nor hold provincial offices. Far more cities are component cities and are a part of a province. Municipalities are always a part of a province except for Pateros which was separated from Rizal to form Metro Manila.

Cities and municipalities are governed by mayors and legislatures, which are called the Sangguniang Panlungsod in cities and the Sangguniang Bayan in municipalities.

Barangays

Every city and municipality in the Philippines is divided into barangays, the smallest of the local government units. Barangays can be further divided into sitios and puroks but those divisions do not have leaders elected in formal elections supervised by the national government.

A barangay's executive is the Punong Barangay or barangay captain and its legislature is the Sangguniang Barangay, composed of barangay captain, the Barangay Kagawads (barangay councilors) and the SK chairman. The SK Chairman is the head of Sangguniang Kabataan which is composed of 1 SK Chairperson and 7 SK Kagawads that also leads the assembly for youth, the Katipunan ng Kabataan or KK.

Offices

Local governments have two branches: executive and legislative. All courts in the Philippines are under the Supreme Court of the Philippines and therefore there are no local-government controlled judicial branches. Nor do local governments have any prosecutors or public defenders, as those are under the jurisdiction of the national government.

The executive branch is composed of the Wali as the head of region and Chief Minister as the head of government for the Bangsamoro, governor for the provinces, mayor for the cities and municipalities, and the barangay captain for the barangays. [3]

Legislatures

The legislatures review the ordinances and resolutions enacted by the legislatures below. Aside from regular and ex-officio members, the legislatures above the barangay level also have three sectoral representatives, one each from women, agricultural or industrial workers, and other sectors. [3]

Level of governmentLegislatureComposition [3] Head
Autonomous region Parliament
  • total of 80 members:
    • 40 seats in a party-list system of allocation
    • 32 seats, 1 elected from each district
    • 8 reserved seats:
      • 2 from non-Moro indigenous peoples
      • 2 from settler communities
      • 1 for women
      • 1 for youth
      • 1 for traditional leaders
      • 1 for the Ulama
Speaker
Province Sangguniang Panlalawigan [lower-alpha 1] Provincial Vice Governor
City Sangguniang Panlungsod [lower-alpha 7] City Vice Mayor
Municipality Sangguniang Bayan
  • varies, as of 2016: [4]
    • Pateros: 12 councilors, 6 elected from each district
    • All other municipalities: 8 councilors, elected at-large
  • President of the municipal chapter of the Liga ng mga Barangay
  • President of the municipal federation of the Sangguniang Kabataan
  • Sectoral representatives
Municipal Vice Mayor
Barangay Sangguniang Barangay
  • 7 members elected at-large
  • Sangguniang Kabataan chairperson
Barangay Captain/Barangay Chairman
Sangguniang Kabataan
  • 7 members elected at-large
Sangguniang Kabataan Chairperson
  1. Provinces that comprise a single congressional district are divided into two SP districts. For provinces comprising multiple congressional districts, boundaries of SP and congressional districts are coterminous, with the exception of the following:
    Independent cities which are not allowed by law to participate in electing provincial officials are excluded from SP districts.
    • The cities of Biñan and San Jose del Monte, despite forming their separate congressional districts, remain part of the 1st SP district of Laguna and the 4th SP district of Bulacan.
  2. Santiago City is excluded from the 4th SP district of Isabela.
  3. Dagupan is excluded from the 4th SP district of Pangasinan.
  4. Independent cities excluded from provincial elections:
    Naga from Camarines Sur—3rd
    Tacloban from Leyte—1st
    Ormoc from Leyte—4th
    Cotabato City from Maguindanao—1st
    Puerto Princesa from Palawan—3rd
    Angeles City from Pampanga—1st
    General Santos from South Cotabato—1st.
  5. 1 2 The manner of seat distribution varies, per Republic Act No. 7166: [5]
    • For provinces comprising multiple congressional districts and need no boundary adjustments due to independent cities being excluded: each district receives the same number of members first, then any remainder will get assigned to the districts with higher population counts.
    • For provinces comprising multiple congressional districts but have district boundary adjustments: seats are distributed according to the population size of each SP district after factoring out the independent cities.
    • For provinces comprising a single congressional district: seats are usually distributed equally between the two SP districts drawn by COMELEC, although proportional allocation exists in cases where geography and circumstance have resulted in grossly uneven SP district population distributions (e.g. Benguet's and Sarangani's SP districts).
  6. Butuan is excluded from the 1st SP district of Agusan del Norte.
  7. The number of city council members and districts varies per city, as determined by different statutes. For cities comprising multiple congressional districts, boundaries of city council districts are coterminous with congressional districts, with the exception of the Legislative district of Taguig-Pateros which encompasses the 2nd SP district of Taguig and the 1st and 2nd SB districts of Pateros. By law, some cities that are not divided into multiple congressional districts are specifically divided into two (Bacoor, Calbayog, Las Piñas, Malabon, Mandaluyong, Muntinlupa, Navotas, Pasay, Pasig, San Juan, San Jose del Monte, Valenzuela) or three (Samal, Sorsogon City) city council districts.

Elected officials

All elected officials have 3-year terms, save for the wa'lī which is six years, and can only serve a maximum of three consecutive terms before being ineligible for reelection. [6]

LGUOfficialMinimum age (18 is the voting age [7] )
Autonomous regionWa'lī (Regional Chief Executive)40 years old on election day [8] (Same as the President and Vice President of the Philippines)
Chief minister25 years old on election day
Member of parliamentSame as chief minister
ProvincesProvincial Governor (Local Chief Executive)23 years old on election day [6]
Provincial Vice GovernorSame as governor
Sangguniang Panlalawigan member (board member)Same as governor
Highly urbanized citiesCity Mayor (Local Chief Executive)Same as governor
City Vice mayorSame as governor
Sangguniang Panlungsod member (City Councilor)Same as governor
Independent component and component citiesCity Mayor (Local Chief Executive)21 years old on election day
City Vice mayorSame as independent component and component city mayor [6]
Sangguniang Panlungsod member (City Councilor)Same as independent component and component city mayor
MunicipalitiesMunicipal Mayor (Local Chief Executive)Same as independent component and component city mayor
Municipal Vice mayorSame as independent component and component city mayor
Sangguniang Bayan member (Municipal Councilor)Same as independent component and component city mayor
BarangayPunong Barangay (Barangay Captain/Chairperson; Barangay Chief Executive)18 years old on election day
Barangay Kagawad (Barangay Councilor)Same as Punong Barangay
Sangguniang Kabataan Chairperson/President (SK Chief Executive)18 to 24 years old on election day
Sangguniang Kabataan member (SK Councilor)Same as Sangguniang Kabataan chairperson*

*a Sangguniang Kabataan official who has surpassed 21 years of age while in office is allowed to serve for the rest of the term. [3]

Offices that are common to municipalities, cities and provinces

There are 44 offices in a government, whether it is municipal, city or provincial. There are some mandatory and optional offices to the government.

OfficeHeadMunicipalityCityProvince
Office of the Secretary to the SanggunianSecretary to the SanggunianYesYesYes
Treasury OfficeTreasurerYesYesYes
Assessment OfficeAssessorYesYesYes
Accounting OfficeAccountantYesYesYes
Budget OfficeBudget OfficerYesYesYes
Planning and Development OfficePlanning and Development CoordinatorYesYesYes
Engineering OfficeEngineerYesYesYes
Health OfficeHealth OfficerYesYesYes
Office of the Local Civil RegistryLocal Civil RegistrarYesYesNo
Office of the AdministratorAdministratorYesYesYes
Office of the Legal ServicesLegal OfficerOptionalYesYes
Agriculture OfficeAgriculturistYesYesYes
Social Welfare and Development OfficeSocial Welfare and Development OfficerYesYesYes
Environment and Natural Resources OfficeEnvironment and Natural Resources OfficerYesYesYes
Office of Architectural Planning and DesignArchitectOptionalOptionalOptional
Public Information OfficePublic Information OfficerOptionalOptionalOptional
Office for the Development of Cooperatives/Cooperatives Development OfficeCooperative Development SpecialistNoOptionalOptional
Population OfficePopulation OfficerOptionalOptionalOptional
Veterinary OfficeVeterinarianYesYesYes
Public Order and Safety Office (POSO)Public Order and Safety OfficerOptionalOptionalOptional
General Services OfficeGeneral Services OfficerYesYesYes
Tourism OfficeTourism OfficerYesYesYes
Public Employment Services Office (PESO)PESO ManagerYesYesYes
Human Resources Management and DevelopmentHRMD OfficerYesYesYes
Disaster Risk Reduction and Management OfficeDRRM OfficerYesYesYes
Economic Enterprise and Development OfficeEED OfficerYesYesNo
Office of the MayorMayorYesYesNo
Office of the Vice MayorVice MayorYesYesNo
Office of the Provincial GovernorProvincial GovernorNoNoYes
Office of the Provincial Vice GovernorProvincial Vice GovernorNoNoYes
Office of the Sangguniang PanlalawiganPresiding Officer (Provincial Vice Governor)NoNoYes
Office of the Sangguniang PanlungsodPresiding Officer (City Vice Mayor)NoYesNo
Office of the Sangguniang BayanPresiding Officer (Municipal Vice Mayor)YesNoNo
Office of the Senior Citizens' Affairs (OSCA)OSCA HeadYesYesNo
Persons With Disability Affairs Office (PWDAO)PWDAO HeadYesYesYes
Nutrition Action OfficeNutrition Action OfficerYesYesYes
Prosecution OfficeProsecutorYesYesYes
Solid Waste and Environment Management Office (SWEMO)SWEMO HeadYesYesNo
Gender And Development (GAD) OfficeGAD OfficerYesYesYes
Information Technology (IT) OfficeIT OfficerYesYesYes
Local Government Operations OfficeLocal Government Operations OfficerYesYesYes

Source:Local Government Code of 1991 [9]

Responsibilities

Among the social services and facilities that local government should provide, as stipulated in Section 17 of the Local Government Code, are the following:

Creation and modification

As a matter of principle, higher legislative entities have the power to create, divide, merge, abolish, or substantially alter boundaries of any lower-level local government through a law or ordinance, all subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Commission on Elections (COMELEC) in the local government unit or units directly affected. [3] The Local Government Code has also set requisites for creating local government units. [3] A summary can be found in the table below:

Local governmentAreaPopulationIncomeLegislative bodies that can create, merge, abolish or substantially alter the boundaries of the LGU
Province2,000 square kilometers (770 sq mi) [lower-alpha 1] 250,000 [lower-alpha 1] 20 million for the last two consecutive years based on 1991 constant prices
City100 square kilometers (39 sq mi) [lower-alpha 1] 150,000 [lower-alpha 1] 100 million for the last two consecutive years based on 2000 constant prices [12]
Municipality50 square kilometers (19 sq mi)25,000 2.5 million for the last two consecutive years based on 1991 constant prices
BarangayNone5,000 [lower-alpha 3]
2,000 [lower-alpha 4]
None

See also

Notes

  1. 1 2 3 4 Either area or population; meeting only one of these requirements is sufficient
  2. 1 2 The Bangsamoro Parliament's predecessor, the ARMM Regional Legislative Assembly, was conferred by Congress (through Article VI, Section 19 of Republic Act No. 9054) [10] the power to create or modify lower-level LGUs under its jurisdiction, including provinces and cities. However, the Supreme Court's decision on the unconstitutionality of the now-defunct province of Shariff Kabunsuan [11] has effectively confined the regional assembly's powers to creating or modifying only municipalities and barangays.
  3. In Metro Manila and highly urbanized cities.
  4. Rest of the country.

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<span class="mw-page-title-main">Regions of the Philippines</span>

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<span class="mw-page-title-main">Maguindanao</span> Philippine province (1973–2022)

Maguindanao was a province of the Philippines located in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). From 2014 to 2022, its provincial capital was Buluan, but the legislative branch of government, the Maguindanao Provincial Board, convened at the old provincial capitol in Sultan Kudarat. It bordered Lanao del Sur to the north, Cotabato to the east, Sultan Kudarat to the south, and Illana Bay to the west.

<span class="mw-page-title-main">Cotabato</span> Province in Soccsksargen, Philippines

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<span class="mw-page-title-main">Soccsksargen</span> Administrative region of the Philippines

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<span class="mw-page-title-main">Autonomous Region in Muslim Mindanao</span> 1989–2019 autonomous region of the Philippines

The Autonomous Region in Muslim Mindanao was an autonomous region of the Philippines, located in the Mindanao island group of the Philippines, that consisted of five predominantly Muslim provinces: Basilan, Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi. It was the only region that had its own government. The region's de facto seat of government was Cotabato City, although this self-governing city was outside its jurisdiction.

Elections in the Philippines are of several types. The president, vice-president, and the senators are elected for a six-year term, while the members of the House of Representatives, governors, vice-governors, members of the Sangguniang Panlalawigan, mayors, vice-mayors, members of the Sangguniang Panlungsod/members of the Sangguniang Bayan, barangay officials, and the members of the Sangguniang Kabataan are elected to serve for a three-year term.

<span class="mw-page-title-main">Buluan</span> Capital of Maguindanao del Sur, Philippines

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<span class="mw-page-title-main">Sumisip</span> Municipality in Basilan, Philippines

Sumisip, officially the Municipality of Sumisip, is a 1st class municipality in the province of Basilan, Philippines. According to the 2020 census, it has a population of 47,345 people.

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The Philippines is divided into four levels of administrative divisions, with the lower three being defined in the Local Government Code of 1991 as local government units (LGUs). They are, from the highest to the lowest:

  1. Regions are mostly used to organize national services. Of the 17 regions, only one—the Bangsamoro Autonomous Region in Muslim Mindanao—has an elected government to which the central government has devolved competencies.
  2. Provinces, independent cities, and one independent municipality (Pateros)
  3. Component cities and municipalities within a province
  4. Barangays within a city or municipality
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<span class="mw-page-title-main">Datu Blah T. Sinsuat</span> Municipality in Maguindanao del Norte, Philippines

Datu Blah T. Sinsuat, officially the Municipality of Datu Blah T. Sinsuat, is a municipality in the province of Maguindanao del Norte, Philippines. According to the 2020 census, it has a population of 28,243 people.

<span class="mw-page-title-main">Bangsamoro</span> Autonomous region of the Philippines

Bangsamoro, officially the Bangsamoro Autonomous Region in Muslim Mindanao is an autonomous region in the Philippines, located in the southwestern portion of the island of Mindanao.

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<span class="mw-page-title-main">2019 Bangsamoro autonomy plebiscite</span> Plebiscite to create the Bangsamoro autonomous region

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<span class="mw-page-title-main">Special Geographic Area</span> Barangays in Bangsamoro, Philippines

The Special Geographic Area (SGA) is a loose collection of 63 barangays in six municipalities of the province of Cotabato in the Philippines. It is part of the Bangsamoro Autonomous Region in Muslim Mindanao, despite the province of Cotabato itself being part of a separate neighboring region, Soccsksargen.

<span class="mw-page-title-main">Bangsamoro transition period</span>

The transition period of the now-defunct Autonomous Region in Muslim Mindanao (ARMM) into the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) began when the Bangsamoro Organic Law was ratified in a two-part plebiscite held in January and February 2019. It is set to end after the first set of regular officials are elected in 2025.

References

  1. Republic Act No. 7160 (October 10, 1991). Local Government Code of 1991. The Official Gazette . Retrieved December 18, 2023.{{cite book}}: CS1 maint: numeric names: authors list (link)
  2. "The Constitution of the Republic of the Philippines". www.gov.ph. Retrieved November 12, 2015.
  3. 1 2 3 4 5 6 Local Government Code of the Philippines, Book III Archived October 31, 2014, at the Wayback Machine , Department of the Interior and Local Government official website.
  4. 1 2 3 Commission on Elections (Philippines) (August 18, 2015). "COMELEC Resolution No. 9982" . Retrieved May 23, 2017.
  5. Republic Act No. 7166 (November 26, 1991). An Act Providing for Synchronized National and Local Elections and for Electoral Reforms, Authorizing Appropriations Therefor, and for Other Purposes. The Official Gazette . Retrieved May 23, 2017.{{cite book}}: CS1 maint: numeric names: authors list (link)
  6. 1 2 3 Local Government Code, Book I Archived May 8, 2008, at the Wayback Machine , Department of the Interior and Local Government official website.
  7. Quismundo, Terra (May 29, 2007). "Election law must prevail over culture, says Abalos". Philippine Daily Inquirer . Retrieved March 27, 2009.
  8. Republic Act No. 11054 (July 27, 2018). Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (PDF). The Official Gazette . Retrieved December 18, 2023.{{cite book}}: CS1 maint: numeric names: authors list (link)
  9. "Local Government Code of 1991 (Book III: Local Government Units)". Chan Robles Virtual Law Library. Retrieved November 6, 2010.
  10. Republic Act No. 9054 (March 31, 2001). An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, Entitled "An Act Providing for the Autonomous Region in Muslim Mindanao," As Amended. The Official Gazette . Retrieved December 18, 2023.{{cite book}}: CS1 maint: numeric names: authors list (link)
  11. Creation of the province of Shariff Kabunsuan voided Archived April 1, 2009, at the Wayback Machine
  12. Republic Act No. 9009 (February 24, 2001). An Act Amending Sec. 450 of Republic Act No. 7160, Otherwise Known as the Local Government Code of 1991, By Increasing the Average Annual Income Requirement for a Municipality or Cluster of Barangays to be Converted into a Component City. Chanrobles Law Library. Retrieved December 18, 2023.{{cite book}}: CS1 maint: numeric names: authors list (link)

Further reading