Issues and critical actions in local governance by Union of Local Authorities of the Philippines

Issues and Critical Actions in Local Governance

Eddie G. Dorotan, MD, MPA Jay A. Carizo

Issues and Critical Actions in Local Governance Eddie G,. Dorotan, M.D., MPA. and Jay A. Carizo Copyright ÂŠ 2014 Galing Pook Foundation All rights reserved. ISBN 978-971-0567-20-1 Galing Pook Foundation encourages the use, translation, adaptation and copying of this document or its contents for non-commercial use, with appropriate reference, attribution and credit to the document, the authors and the organization. The opinions and observations expressed by the authors do not necessarily represent the views of their affiliate organizations. Â Published by: Galing Pook Foundation 25 Mahusay Street, corner Malinis Street UP Village, Diliman, Quezon City 1101 Philippines / www.galingpook.org With assistance from:

The Union of Local Authorities of the Philippines The Friedrich Ebert Stiftung - Philippines Office Unit 2601 Discovery Centre Unit 2803 Summit One Tower #25 ADB Avenue, Ortigas Center 530 Shaw Boulevard 1600 Pasig City, Metro Manila Mandaluyong City www.fes.org.ph www.ulap.net.ph

Table of Contents

1. Introduction 2. Opportunities Offered by the LGC of 1991 3. A Personal Account as Mayor 1992-1998: Making a Difference 3.1 Irosin as a Peace Zone 3.2 Dismantling of Jueteng Operations 3.3 Establishment of a Peoplesâ&#x20AC;&#x2122; Center 3.4 Improved Health, Education, Economic Conditions and Environment Preservation 4. 22 Years of LGC: Are We Better Off? 4.1 National and Local Outcomes 5. Current Issues in Local Governance 5.1 Unequal and Biased Sharing of Wealth 5.2 Level and Architecture of Devolution 5.3 Term Limits and Numerous Elections 5.4 Weak Demand Side 5.5 Barangay Governance 6. Proposed Amendments and Critical Recommendations 6.1 Proposals and Proposed Amendments 6.2 Challenges in Advancing the Proposed Amendments 6.3 Proposed Recommendations and Next Steps References Annexes

1 3 8 10 11 13 14 17 17 21 21 23 25 25 26 27 27 33 36 39 45

1 Introduction

epublic Act 7160 otherwise known as the Local Government Code of 1991 (henceforth, LGC or â&#x20AC;&#x153;the Codeâ&#x20AC;?) is one of the major milestones in governance reform in the Philippines. It provided the overarching framework for local governance by introducing the concept of decentralization; laying down the foundations for increased local autonomy and accountability; and, opening the democratic space for citizen participation. The Code re-structured central-local government relations and provided the process of devolution by conferring power and authority to local government units (LGUs) including the assigning of service delivery, expenditure responsibilities, and revenue mobilization powers from the provincial down to the barangay governments. Indeed, the LGC caused positive developments, particularly in the aspects of service delivery and citizen participation due primarily to the opportunities made available to LGUs. This paper posits; however, that the benefits derived from the Code are still limited particularly in terms of national and local outcomes, equitable and sustainable development, and interlocal as well as national-local cooperation. The benefits cannot be maximized because of the issues and challenges intrinsic

Introduction

in the Code along with the political-economic conditions that were not considered during its passage (See Sections 2 and 3). As a result, more than two decades after the passage of the Code, LGUs and development partners continue to face issues and challenges most of which are inherent in RA 7160 and its failure to adapt to the changing needs of the time. To support these claims, the paper conducted a review of studies and proposals undertaken to amend the Code, including the bills currently filed in the House of Representatives and the Senate. The paper also made use of the technology of participation and gathered various stakeholders in a workshop to identify priority amendments and come up with recommendations on how to move forward. The results of the reviews and the workshop are presented in Sections 4, 5 and 6. Lastly, the paper investigated the challenges why amendments to the Code are stalled and provides workable recommendations on how to overcome these challenges.

Issues and Critical Actions in Local Governance

2 Opportunities offered by LGC of 1991

he Local Government Code of 1991 is considered a groundbreaking legislation. It reversed the highly centralized system of Philippine governance and offered opportunities for self‐ development at the local level through decentralization, local autonomy, participatory governance and the corporatization of local governments. This is quite unlike the period preceding the Code’s enactment. At the core of the Code is decentralization, or “the process of transferring decision-making powers to sub-national tiers of government” (Martinez-Vasquez and Timofeev 2009). This decentralization is characterized by: (a) the shift from national to local, which involves the processes of deconcentration and devolution, (b) the shift from state to private sector, and (c) the shift from state to civil society (Gonzales 1997).

Characteristics of Decentralization Under the 1991 LGC

The shift from national to local was introduced “to bring the government closer to the people” • The shift from national to local based on the idea that decentralization will • The shift from state to private improve public service delivery through greater sector allocative efficiency – that is, matching public goods • The shift from state to civil to local preferences – and society Opportunities offered by the LGC of 1991

better productive efficiency through greater accountability, less bureaucracy, and better knowledge of local costs (Azfar et al., 2000). This shift involves two processes: the process of deconcentration wherein the central government transfers power, authority and functions to the lower levels or subnational tiers of the government; and, the process of devolution where power and authority are transferred from the national government to LGUs. The latter is more tied to the concept of local autonomy because of the nature of power transfer which is political, and the approach is territorial (Gonzales 1997). The shift from state to private sector, though better expounded by other national laws and policies, was introduced under the framework of market liberalization and on the recognition that there are services which can be performed better by the private sector. Alongside this shift is the strengthening of the corporate powers of the LGUs that enables the latter to enter partnership arrangements with the private sector for the provision of certain goods and services. Lastly, the Philippine decentralization is also characterized by a shift from state to civil society whereby non-government organizations (NGOs) and other members of the private sector participate directly in government programs not just as beneficiaries but as partners in projects or programs from conceptualization to implementation and monitoring, and in the systems of governance that go beyond elections (Gonzales 1997). Examples of these are the mechanisms that provide civil society participation such as, but not limited to, the local special bodies. Another feature of the Code is the principle of local autonomy, which is the exercise by local government unitâ&#x20AC;&#x2122;s certain basic powers to serve the interest and promote the well-being of its inhabitants. Under the principle of local autonomy, LGUs are allowed to exercise police power, power to tax, power to legislate 4

Issues and Critical Actions in Local Governance

laws and ordinances, fiscal autonomy and corporate powers provided that they do not violate the constitution, other laws and statutes, their own charter, or the charter of other public corporations. The spirit of local autonomy was laid down in Section 14 Article 10 of the Constitution and given flesh by the processes of deconcentration and devolution based on Sections 528 and 17 of the Code, respectively. To ensure the delineation of functions between the national and local governments, the Code specified the expenditure responsibilities devolved. These expenditure responsibilities

include the provision of health and social services; environmental management; agriculture-related services such as interbarangay irrigation systems, water and soil resource utilization and conservation projects, and enforcement of fishery laws; maintenance of select local infrastructures; and, tourism-related services (See Table 1). Along with the devolved basic services are the regulatory functions, which include the inspection of food products; adoption of quarantine regulations; enforcement of the National Building Code; regulations of tricycle operations; regulation of the real estate trade; and, licensing of cockpits. Opportunities offered by the LGC of 1991

Table 1. Devolved basic services Area

Specific Services

Health and Social • Services • • • Environmental Management

• •

Agriculture

• •

Tourism

Solid waste disposal system; Services or facilities related to general hygiene and sanitation; Implementation of community-based forestry projects which include integrated social forestry programs and similar projects; Management and control of communal forests

•

Inter -Barangay irrigation system; Water and soil resource utilization and conservation projects; Enforcement of fishery laws in municipal waters, including the Conservation of mangroves;

• • • •

a. b. c. d.

• Infrastructure

Implementation of programs and projects in primary health care, maternal and child care, communicable and non-communicable disease control services; Health services which access to secondary and tertiary health services; Purchase of medicines, medical supplies, and equipment needed to carry out the services; Social welfare services which include programs and projects on child and youth welfare, family and community welfare, women’s welfare, the welfare of the elderly and disabled persons

•

Maintenance and Rehabilitation of the following; • Roads and bridges • School buildings and other facilities for public elementary and secondary schools; • Clinics, health centers and other health facilities; • Small water impounding projects; • Fish ports; artesian wells, spring development, rainwater collectors and water supply systems; • Seawalls, dikes, drainage and sewerage, and flood control; • Traffic signals and road signs; and similar facilities;

Tourism facilities and other tourist attractions, Acquisition of equipment Regulation and supervision of business concessions, Security services for such facilities

Issues and Critical Actions in Local Governance

The third feature of the Local Government Code is participative governance. With the view that the government will become more effective if it partners with other stakeholders, the Code opened avenues for citizen participation including the local special bodies such as the local development councils, local school boards, local health boards, peace and order councils, and agriculture and fisheries councils, among others. Mandatory in these councils are the membership of the representatives from civil society organizations, non-government organizations and peopleâ&#x20AC;&#x2122;s organizations. Because participative governance became a new institutional framework for development, the number of NGOs and POs skyrocketed (Wurfel 2004) with a great number embedding in local special bodies. While some have been used for political and personal gains (i.e., as vehicles for election or accumulation of wealth as evidenced in the Napoles scandal ), there are still legitimate ones that can be tapped for partnership and convergence. Another innovation introduced by the Local Government Code is the conferment of corporate powers to LGUs as stipulated in Section 15. As a corporation, LGUs were granted the powers: (1) To have continuous succession in its corporate name; (2) To sue and be sued; (3) To have and use a corporate seal; (4) To acquire and convey real or personal property; (5) To enter into contracts; and, (6) To exercise such other powers as are granted to corporations, subject to the limitations of the Code and other laws (Section 18, RA 7160). Because of these powers, LGUs can now create and/or join alliances or clustering mechanisms, build-operate and transfer schemes, joint ventures, bonds, loans and credit, securing grants and forming corporations.

Opportunities offered by the LGC of 1991

3 A Personal Account as Mayor from 1992-1998: Making A Difference

he Local Government Code is a welcome development not only among local officials but also among development workers, particularly in the non-government sector. Though it accorded additional responsibilities to LGUs, it also bestowed more power and resources as well as opportunities that can facilitate local development. This was personally experienced by one of the authors when he was elected as a mayor of Irosin in the province of Sorsogon for two terms from 1992 to 1998. Irosin is the only landlocked municipality of Sorsogon. In the 1990s, the municipal population was around 38,000 or about a third of the provincial population. It was a Fifth Class Municipality with an income of only PhP 4 million. The municipal economy was (and is) dependent on agriculture and there were very few local enterprises at that time despite its strategic location and environmental assets. Prior to his assumption as mayor, three in every four households were poor with a greater number of the working force unemployed. In part, because of poverty and unemployment, the crime rate was high with almost all the 28 barangays controlled by the New Peopleâ&#x20AC;&#x2122;s Army (NPA). The situation, however, was not hopeless. The local nongovernment organization sector where the author was actively engaged in was already making a difference. Even so, because the sector was acting outside or independent of the local

Issues and Critical Actions in Local Governance

government, the gains were very limited and could not saturate the rest of the municipality. Thinking that bigger things can be achieved, the local NGO community prodded the author to run for mayor and won in 1992 as a result of the sector's efforts along with the help of local leaders who were also clamoring for change. That was the time the 1991 Local Government Code was implemented. With the opportunities brought by the Code, the local administration was able to institute changes and expedite local development that led to the reclassification of the municipality as a Second Class LGU. Business enterprises opened, jobs created, and poverty incidence dropped to around 40 percent in 1998. The municipality also became a migration hub with at least 43 dialects (including the variants of Waray, Bisaya and Tagalog languages) being used. Figure 1. Map of Irosin, Sorsogon

A Personal Account as Mayor from 1992-1998

Most noteworthy of the changes, however, occurred in the aspects of peace and order, citizen participation, delivery of basic services, and increase of local income.

3.1 Irosin as a Peace Zone Irosin is an area dominated by members of the New Peopleâ&#x20AC;&#x2122;s Army (NPA). This is a challenge because: (1) their presence signifies, and reinforces, poverty in the area, (2) implementation of government projects will be difficult as there are NPA factions that are into harassment or extortion, and (3) you have to coordinate with these groups if you plan to implement projects, particularly in the areas where the former has presence â&#x20AC;&#x201C; an onerous and tricky task that once mishandled, one may get not only the ire of the NPAs but also of the armed forces of the government. The NPA presence, together with the high crime rate, explains why during those times, almost nobody wanted to do serious business in the municipality. The situation cannot be ignored because that paralyzed nearly everything. To address these, and with the help of the Sangguniang Bayan, Irosin was declared as a peace zone and immediately a multi-sectoral peace and order council composed of local government officials and different non-government and peoples organizations was created. The declaration was supported both by the armed forces of the Philippines, the NPAs, the Philippine National Police (PNP) and the different sectors of the community. To sustain this support, the peace and order council members joined the 3-day multi-sector development planning workshop and crafted Irosinâ&#x20AC;&#x2122;s Integrated Area Development Plan. These proposals typically revolved around the creation or development of social, institutional

Issues and Critical Actions in Local Governance

and physical infrastructures. Social infrastructure focused more on the awareness and cooperation of the communities, institutional infrastructure concerned with the strengthening of the role of the barangay justice system and capacitating the barangay police, while the physical infrastructures were more on the construction of roads and public facilities that benefit the people of the barangays. Two of the more noteworthy projects of the council that, likewise, strengthened the local peace and order include the creation of livelihood opportunities and the opening of the circumferential road that traverses the different barangays of the municipality. The livelihood opportunities made the people busy, and so they have lesser time for quarrels while the circumferential road facilitated the transportation that the farmers were able to sell their produce fresh and at a higher price and go home with cooler heads. On a bigger perspective, the infrastructures complemented and even reinforced each other. Businessmen from other areas were enticed to infuse and facilitate the circulation of money in the municipality, which translated to more economic activities including job creation, and eventually reduced poverty that breeds discontent and insurgency. As a result, the crime rate significantly dropped, and the NPA strongholds became limited to isolated barangays.

3.2 Dismantling of Jueteng Operations Jueteng is an illegal numbers game that was rampant in Irosin just like in most parts of the country. Unlike other numbers game, jueteng is grassroots-based and is ingrained in the social system (PCIJ and IPD 1995).

A Personal Account as Mayor from 1992-1998

The illegal game is a PhP 100,000 a day enterprise in Irosin alone and eradicating it appeared next to impossible. Apart from being managed by operators with political and even military connections, it provided a source of: (a) fund for campaign kitties and maintenance of patron-client relationships, (b) fund for responding to the requests of constituents (i.e., solicitation for weddings, baptisms, burials and the like) or supplement the local funds and pay for the hospitalization bills of indigents, (c) livelihood and, most of all, (d) hope for the people that the game will eventually lift them from poverty. Relying on the mechanisms from the Local Government Code and the relationship of the LGU and the local Philippine National Police, the local administration under this authorâ&#x20AC;&#x2122;s stewardship pursued the dismantling of jueteng operations in the municipality. This entailed not only catching the operators but also providing incentives to those who will be negatively affected. For instance, to address the legitimate requests of constituents (i.e., hospitalization and other social services), Figure 2. Outcomes from the opportunities under the 1991 LGC

Issues and Critical Actions in Local Governance

referrals were made to appropriate agencies including hospitals and the social welfare department. For the livelihood concerns, we gave the jueteng collectors small capitalization for livelihood activities while the others were given short-term employment in the projects of the government or civil society partners. Of course, funding for campaign kitties and the maintenance of patron-client relations cannot be directly addressed. But because these are concerns that cannot be ignored, requests for the assistance of civil society partners for a continuing voter education and social conscientization were made.

3.3 Establishment of a Peoplesâ&#x20AC;&#x2122; Center Immediately after taking the oath of office, the first agendum of the local administration was to create a Peoplesâ&#x20AC;&#x2122; Center. The Center was composed of various NGOs and POs that sit in the Municipal Development Council, and other special bodies including the Local School Board, Local Health Board and the Municipal Peace and Order Council. The Center became an avenue for partnerships and citizengovernment engagements, and for retooling the local bureaucracy with a different development frame. The Center also became an avenue to introduce to the members of the civil society, and help them understand, the government system and processes. Because of the establishment of the Peoplesâ&#x20AC;&#x2122; Center, the people of Irosin became active members of local special bodies and partners in the conceptualization, planning, and implementation of various local government programs and projects. In a number of instances, they gave counterpart resources to ensure that the programs and projects are implemented and realized.

A Personal Account as Mayor from 1992-1998

3.4 Improved Health, Education, Economic Conditions and Environment Preservation One of the initial outputs of the People’s Center is the Irosin Integrated Area Development program. Dubbed as the “Laban para sa Progresibong Irosin,” the program aims to develop and promote livelihood, empower the people, and improve basic social services. Under the livelihood development and promotion component, the municipal government acted for the dismantling of jueteng operations, placed a partial ban on logging, provided loans to agricultural cooperatives for rice mills and micro-finance support to the constituents engaged in abaca making and coconut processing. The component was also instrumental in the declaration of the entire municipality as an agrarian reform community and arranged the transfer of nearly 500 hectares to farmer beneficiaries under the agrarian reform program of the national government. The people empowerment component, likewise, facilitated the declaration of the municipality as a peace zone; the federation of a strong municipal cooperative; construction of the People’s Center building for the cooperative, POs and NGOs; and the institutionalization of a participatory governance by organizing the local special bodies. The third component focused on the improvement of basic services particularly on health and nutrition, and education. In the field of health and nutrition, the local government did not only distribute medicines and vaccines but also information on proper sanitation and prevention of diseases. The people were also taught how to grow and process nutritious food, which the LGU later bought for school feeding activities. These resulted to low malnutrition and child mortality rates, improved maternal health, and control of diseases. In addition, an ambulance considered a luxury of LGUs in those times was likewise procured. 14

Issues and Critical Actions in Local Governance

The LGU, in partnership with different civil society organizations, also instituted programs that led to the increase in the number of students enrolling at schools but at the same time reducing dropouts, particularly at the elementary and secondary levels. The scheme where the LGU distributed planting materials and bought the harvest as ingredients for the school feeding is an example. Apart from the fact that the feeding program encouraged the children to go to school, the parents were likewise given the opportunity to earn, which they can use for their daily needs as well as for the childrenâ&#x20AC;&#x2122;s school needs. To address the supply side, the LGU also facilitated the opening of schools as well as the construction and/or repair of school facilities. The first few years of the administration was likewise dedicated to the construction of the necessary physical infrastructures, including roads and the public market. There was no public market then and because vendors and consumers were scattered everywhere, unnecessary handling and transportation costs exist to both the farmers who sell their produce and the consumers who buy the goods. Hence, the construction of the public market was prioritized and, complemented by the opening of new roads, eliminated the excessive handling and transportation costs. The new infrastructures attracted businessmen and resulted to the opening of new enterprises, the creation of jobs, and the circulation of money albeit on a limited scale. Because goods were traded and services rendered, the local government found a reason to increase taxes, which were then translated to the construction of more infrastructures and the delivery of social services. As a result, from the PhP 4 million income that the municipality received in 1992, the figure increased to PhP 40 million in 1998. A Personal Account as Mayor from 1992-1998

On the aspect of environmental management, the municipal government also spearheaded the advocacy against the unwarranted exploitation of the Bulusan Volcano for geothermal power generation. The exploitation could threaten the cold and hot springs of the municipality and endanger the marine and agricultural resources so the municipal government did not permit any geothermal-related activities. To compensate the possible number of jobs that may be generated under the geothermal plant operations, the municipal government strengthened the tourism industry, which led to the opening of hot and cold spring resorts. The succeeding local officials remained steadfast on the legacy and no company could still exploit the Bulusan Volcano despite the go-signal given by the Department of Environment and Natural Resources (DENR).

Issues and Critical Actions in Local Governance

4 22 Years of LGC: Are We Better Off?

he case of Irosin from 1992-1998 may not be reflective of the experiences of most of the LGUs all over the country. Sad to admit, even the initial gains of Irosin under the first decade of LGC implementation were not sustained as the municipality continued to remain as Second Class with poverty increasing from 45 percent in 2003 to 65 percent in 2009 (NSCB 2009). As Azfar et al., (2001) noted, the implementation of the decentralization under the LGC proceeded unevenly with the progress getting stalled particularly starting 1995.

4.1 National and local outcomes One of the positive impacts of the LGC is the increase of LGU resources from the national wealth. The internal revenue allotment (IRA) alone, a type of an intergovernmental fiscal Figure 3. Total income of LGUs, 2001-2012

22 Years of LGC: Are We Better Off?

transfer, doubled from 20 percent before 1992 to 40 percent under the Code (Llanto 2009). As a result, from the PhP 9.05 billion total LGU income in 1990 (Manasan 1992), the figure increased to PhP 47.3 billion in 2001 and to PhP 111.7 billion in 2012 (See Figure 1). LGUs were likewise capacitated to generate their own revenues. Various taxes were assigned to LGUs (Table 2) along with the power to levy user fees and charges on businesses and occupations. As a result, own-source of revenue (OSR) of LGUs continued to increase (see Figure 2). From the total PhP 43.3 billion OSR in 2001, the figure rose to PhP 112.14 billion. The major beneficiary, however, are the cities since they have the largest tax base. The LGUs which exercised their corporate powers were able to generate a cumulative average of PhP 22.45 billion annually. A great portion of these are receipts from economic enterprises Table 2. Tax assignment in cities, provinces, municipalities and barangays under the 1991 LGC.

Issues and Critical Actions in Local Governance

with an annual average of PhP 9.14 billion followed by other receipts with PhP 4.86 billion. Because of the increase in income, LGUs were able to perform their tasks and deliver basic services. The shares of LGU expenditures, for instance, exhibited a steady increase from 1.7 percent in 1990 to 3.4 percent in 2002 in terms of the gross national product or 11.2 percent to 19.3 percent in terms of national government expenditures in the same years (Azfar et al., 2000; Llanto 2009). If the millennium development goals (MDGs) will be considered as proxies for LGU performance, the expenditures could, in part, translate to notable developments in the areas of health and education. Under-five mortality, for instance, was reduced from 80 percent in 1990 to 30 percent in 2011 while infant mortality decreased from 57 percent to 22 percent in the same period. Maternal mortality likewise declined as the proportion of births attended by skilled health personnel increased from 58.8 percent to 74.9 percent (NSCB 2013). In the education sector, the net enrollment ratio in primary education increased from 84.6 percent in 1990 to 91.21 percent in 2011 while the cohort survival rate hiked by four points from 69.7 percent to 73.76 in the same period. Satisfaction on the delivery of other social services, however, varies (Alinio 2008; Capuno 2008/9). One reason is the disparity in terms of resources among, and eventually the development of, LGUs. As shown in Table 2, cities benefit more from the set-up provided by the Code as they have the largest tax base compared with the other LGUs luring most municipalities to be converted into cities. Corruption is also another explanation. LGUs remain to be the most-complained of government agency for the past several years. In 2012, for instance, LGU officials comprised 43 percent 22 Years of LGC: Are We Better Off?

Figure 4. Total non-tax revenue generated by LGU, 2001-2012

of the respondents to corruption cases filed by the Office of the Ombudsman (Casauay 2013). Studies have shown that corruption at the local level has significant negative effects on household satisfaction to the delivery of health and education services (Azfar, et al., 2000). Rural areas which are rarely covered by the media, and those with peace and order problems tend to be more corrupt. As such, geographical classification tends to widen the development divide and the satisfaction on social services delivery. Lastly, patronage relations can also explain the varying degrees of satisfaction as well as the disparity in development. Patronage relations is widespread in the country, and this binds not only politicians and their constituency but also local chief executives (i.e., governors and mayors, and mayors or governors and barangay chairmen), and national and local officials. Across LGUs, those having close ties with the Congressmen and national officials also have more access to resources which, eventually, can be invested on better projects or services. In the province of Isabela, for example, barangays and municipalities with local chief executives who are closer to the Congressional District Representatives tend to have better roads (Cruz 2010). Even Senators admitted that they inserted pork-barrel allocations for their favored LGUs in the 2014 general appropriations. 20

Issues and Critical Actions in Local Governance

5 Current Issues in Local Governance In general, it can be said that the Local Government Code has transformed the policy and institutional framework for governance and development. However, while there are positive results from the transformation, there are also negative impacts primarily because of procedural, financing and governance constraints (Shaz, Thompson and Zuo 2004; Llanto 2009). These constraints are summarized as follows: (a) unequal and biased sharing of wealth, (b) level and architecture of devolution, (c) term limits and numerous elections, (d) weak demand side, and (e) weak barangay governance.

5.1 Unequal and biased sharing of wealth Studies confirm that the decentralization embodied in the Code is working (Capuno 2007; Llanto 2009; Alinio 2008; ADB 2005). The Galing Pook Awards, for instance, confirm that because of decentralization, a growing number of LGUs was able to innovate and produce results. The downside, however, is that decentralization created an increase in expectations, particularly at the local level (Rodden 2002; Llanto 2009; Lavado and Pantig 2009). The increase in expectations couldn’t have been an issue because along with the devolution of functions is the devolution of resources. But while it is true that resources were devolved, these were not enough to satisfy the current demand. For instance, while LGUs rated themselves “high” to “excellent” in terms of Current Issues in Local Governance

local governance performance (DILG-LGPMS 2009-2012), the magnitude of poor families continues to increase. From 3.8 million in 2006, the figure rose to 4.2 million in 2012. Even the quality of life based on the human development index barely improved from 0.616 in 1997 to 0.654 in 2012. The issue on resources is rooted on the central government â&#x20AC;&#x201C; local government income sharing, and the sharing of resources among and between LGUs. Based on the LGC, the central government gets 60 percent of the total revenue while the remaining 40 percent is to be shared by the LGUs. Hence, while the formula for revenue distribution responds to financial needs to a certain degree, the same remains insufficient to the functions devolved to the LGUs (Carizo 2009a). Second, IRA distribution favors the cities as against the municipalities and provinces. While it is true that cities only get 23 percent of the LGU share, the amount is still equivalent to an average of PhP 351 million per city in 2012 as opposed to the PhP 55 million per municipality in the same year (Table 3). The IRA is computed based on the formula-with-indicatorsbased method, but this does not include the taxing power-related determinant as a variable (Carizo 2009a). The indicators include population, land area and equal sharing, which may indicate that the cities receive more compared with the municipalities because they have more inhabitants to respond to. But while this is the case, cities were also awarded more taxing powers (Table 2) Table 3. Share of IRA by LGU type, 2012. that in the aggregate, they generate more income compared with the rest of the LGUs. As shown in Figure 3, IRA 22

Issues and Critical Actions in Local Governance

only comprise 39 percent to 49 percent of the total income of cities as against the 74 percent to 85 percent in the cases of the provinces and municipalities. The bigger proportion of IRA in the income sources of the municipalities and provinces implies their dependence to the revenue allotment. Third, because of the disparity in the distribution of resources, local officials are pressured to enter into â&#x20AC;&#x153;special alliances or arrangementsâ&#x20AC;? with congressmen, senators, national agencies and the President to be able to access pork barrel or additional budgetary allocations. But while there are gains in the said alliances and arrangements, the same distorts governance and feed into patronage relationships which is inimical to democracy. Figure 5. Proportion of IRA in LGUâ&#x20AC;&#x2122;s income sources, 2001-2012

5.2 Level and Architecture of Devolution Under the present set-up, the basic and frontline social services are the responsibilities of the cities and the municipalities. However, resources, including technical expertise, did not follow function. In the case of the agriculture sector, for instance, the experts only remained at the provincial LGUs. On the other hand, in the case of the health sector, while there are medical doctors at the municipal level, facilities and medicines Current Issues in Local Governance

are also wanting. As such, there are municipal LGUs that would just “ride on” to, or “cost-shift” the services being offered by the district and provincial hospitals (Rodden 2002). Second, the national-local government relationship is not clearly defined and refined. As Brillantes et al., (forthcoming) noted, Philippine decentralization goals remain ambiguous and the detailed design of both the whole system and its implementation strategies remain lacking. As such, instead of performing a “steering” role under the devolved set-up, the national government intensified the “rowing” role – the function that should be performed by the local governments. A very good example to this is the Pantawid Pamilyang Pilipino Program or 4Ps, which is being implemented directly by the central government and not by the local government units. Even the Grassroots Planning and Budgeting Program (earlier known as the Bottom-Up Budgeting for Local Poverty Reduction Action Planning) is being considered as inconsistent with the principle of decentralization. While the plans are considered to emanate from the CSOs and LGUs through the local poverty reduction action teams, the steering and the rowing roles still remain with the central government being the one in control of the menu of projects to be implemented, the fund manager, and the project implementer especially if the LGUs do not comply with the requirements. There are also claims particularly among local chief executives that LGU plans are not respected as national government agencies would “parachute” programs directly to the local level. This lack of respect not only muddles the roles of each agency but also affects the local development planning and project prioritization. For instance, there are anecdotal examples in Mindanao where, to reduce school dropout rates, the Department of Education poured investments on school buildings and facilities. Nothing happened despite the investments because as noted by the local 24

Issues and Critical Actions in Local Governance

governments, the pupils only need a footbridge to enable them to cross the river during the rainy season.

5.3 Term limits and numerous elections At present, local officials are allowed three-term limits with three years for every term. However, three years is too short for good leaders and three terms may be too long for the bad ones. As politicians would say, the first and third years of each term are focused on elections and there is only one year for governance. Three-year terms also result to non-continuity of good projects especially if the mayor or governor who initiated the same fails to get re-elected. Worse, there are reports that local chief executives may tend to “over-fish” the resources and avail of the power of the LGU to borrow especially when they are on their third term. When these LCEs lose or are replaced, the succeeding officials suffer because the local government is already buried in debt. Others get around these limitations by resorting to dynastic politics. As such, after the end of the term of the husband, the wife or the children would succeed.

5.4 Weak Demand Side While it is true that the LGC opened opportunities for participation in governance, the demand side is still considered weak either because the people’s organizations or NGOs in the area are controlled by the local politicians or there are no organizations to speak of. Those that appear in paper as members of the local special bodies are only recorded for compliance according to the unofficial account of monitors for BUB-LPRAP. It should be noted that the BUB-LPRAP requires LGU-civil society partnership. Current Issues in Local Governance

There are also cases when the problem is transparency. Hence, even if the NGOs and POs are active yet they donâ&#x20AC;&#x2122;t have the proper data and information, their voice will just be out of tune. Lastly, the recent scandal of Napolesâ&#x20AC;&#x2122; NGOs is also expected to affect the demand side. Because the credibility of the NGOs and POs have been questioned as a result of the scandal, the people might become wary of which organization to deal with, or use as a medium in voicing their concerns.

5.5 Barangay Governance The roles of the barangay government units were given recognition and even advanced under the LGC. However, because the focus centered on the city and municipal governments, efforts to strengthen the capacities of the barangay LGUs became limited. In effect, some not only became dependent on the upper-level politicians but also became less active in performing their roles as frontline units in responding to calamities and in delivering or facilitating the delivery of basic services. There are notable exceptions, though, such as the rich Barangay LGU of San Antonio in Pasig noted for disaster response; Barangays Bugo of Cagayan de Oro and Bagumbuhay in Quezon City for solid waste management; and Barangays Sto. Cristo in Angeles City and Tambaliza in Iloilo for good governance and anti-corruption. Worse, there are also claims that resources are wasted because of the inutile Sangguniang Kabataan. Hence, proposals linger in Congress for its abolition. The weak capacity of the barangay LGUs also make it prone to politicization by upper-level politicians from the mayors, Congressmen and governors. As a result, barangays are politically divided during, and sometimes extending to the next, elections. 26

Issues and Critical Actions in Local Governance

6 Proposed Amendments and Critical Recommendations

ith the issues surrounding the Code, a number of proposals are being raised to amend RA 7160. This section presents these proposals and the reasons why they didn’t materialize. The section also presents the challenges in pursuing the amendments or revision to the Code and offers some recommendations to address the same.

6.1 Proposals and Proposed Amendments In 2004, the Local Government Academy (LGA) conducted an inventory of proposals that seek to amend the LGC. It found 135 proposals coming from the four local government leagues (leagues of provinces, cities, municipalities and barangays) of the Philippines, and agencies such as the Bureau of Local Government Supervision (BLGS), Bureau of Local Government Development (BLGD), National Tax Studies Center (NTSC) and Philippine Institute of Environmental Planners (PIEP). The comparative proposals of these units and agencies are attached as Annex A. The Union of Local Authorities of the Philippines (ULAP), attempted to consolidate the proposals of the leagues of local governments and this is attached as Annex B along with the comprehensive proposal of former Senator Aquilino Pimentel who is known as the “Father of the Local Government Code”. Proposed amendments and critical recommendations

None of the proposals mentioned, however, succeeded. For this reason, 73 Congressional District Representatives and 14 Senators respectively filed as principal authors 198 House Bills (Annex C) and 66 Senate Bills (Annex D) that seek to amend the Local Government Code from July 2013 to February 2014. As of this writing these bills are still with the respective local government committees of the House of Representatives and the Senate. Based on the LGA inventory and on the bills database of both the House of Representatives (HOR) and the Senate, the proposals generally revolve around the following: (a) relations and principles, (b) devolution of powers and functions, (c) fiscal matters, (d) structures and systems, and (e) popular participation. The nature of the proposals or proposed amendments generally reflect the background of the proponent. Legislators are more concerned with structures and systems (48 percent for Congressional District Representatives and 50 percent for Senators) while representatives from LGUs and the executive branch are more concerned with fiscal matters. Devolutionrelated proposals rank third across groups with 11 percent for the LGA and the HOR members, and 8 percent for the Senators. The LGA inventory also considers proposals on inter-government relations and principles to be equally important with the proposals on devolution. Proposals on popular participation, and inter-government relations as well as the governance-related principles are among the least of the concerns of the legislators. Proposals on fiscal matters can be classified into three: (a) those concerned with IRA, (b) those concerned with local resource generation, and (c) tax exemptions. These proposals can be summed as follows (see also Diaz-Manalo 2007; Carizo 2009a): 28

Issues and Critical Actions in Local Governance

Figure 6. Classification of amendments to the 1991 LGC

• Reformulation of the 60-40 central-local government sharing to 50-50 or 30-70 in favor of the latter. • Removal of the counter-equalizing factor in the distribution formula as the current distribution is determined regardless of the LGU’s expenditure needs and potential resources. While this favors the LGUs that are not even capable of providing the necessary public services to its constituents in accordance with minimum standards, the case is otherwise for LGUs with a strong tax base but requires initial investments to maximize such base. • Provision of incentives for resource mobilization or inclusion of a performance-based indicator in IRA distribution formula. Most LGUs became IRAdependent because the present formulation assured them of a regular and automatic share of revenue. The problem, this burdens the national government and those LGUs that are serious in resource generation. • Redesigning of the local tax collection system to consider the situs of taxation principle and the creation of a local real property tax assessment team, among others. Proposed amendments and critical recommendations

• Redesigning of the inter-governmental fiscal transfer system. There are suggestions that greater tax decentralization, paired with a well-designed intergovernmental transfer system that includes elements of fiscal equalization, should enhance the gains of the decentralization process. • Clarification on the rules of the classification of LGUs. The tendency for the number of LGUs to increase progressively, in order to take advantage of IRA formula, is another critical problem on local government finance. It is necessary to review the rules for the fragmentation and upgrading of LGUs, and make the granting procedures more transparent and credible. • Provision of tax incentives to sectors like the senior citizens and the local music industry. The second category of proposals are towards the modification of structures and systems. These include the following: • Limiting the power of the President and the DILG on the imposition of disciplinary actions against local officials. • Expanding the power and functions of the barangays and making them implementing agencies in the delivery of the basic services. • Institution of reforms to the Sangguniang Kabataan or totally abolishing the youth council. • Creation of new offices from the barangay to the provincial levels. 30

Issues and Critical Actions in Local Governance

• Amending the qualifications and term limits of city and municipal officials such that they will only be serving two terms with four years per term. This will more or less allow the gestation of good programs and projects. Proposals pertaining to “Relations and Principles” generally revolve around the following: • Strengthening local autonomy by expanding the coverage of the devolution of more powers to in favor of the LGUs. • Clarifying the concept of “general supervision over the LGUs” which is connected to the proposal of limiting the powers of the President and the DILG; and, • Requiring the agencies which are not devolved, including government-owned and controlled corporations, to consult first with the LGUs before implementing programs and projects. The third one is consistent with the claims of non-respect of local development plans and parachuting of projects by the central government directly to the local communities. Proposals concerned with devolution vary depending on the proponents. Local government leagues are advancing the concept of full devolution while there are legislators who are for the reversion of functions to the central government. There are only a few proposals for people participation except for the creation of mechanisms to strengthen the civil society organizations and ensure their effective participation in local governance. The mechanisms vary from the selection and accreditation of qualified CSOs but almost all proposals are unanimous in making the participation mandatory. Proposed amendments and critical recommendations

The findings of LGA and the review on the bills filed in the HOR and the Senate are, in part, being affirmed by the participants to the workshop-forum organized by the Galing Pook Foundation in cooperation with the Union of Local Authorities of the Philippines and the Friedrich Ebert Stiftung. The workshopforum, entitled â&#x20AC;&#x153;A Fresh Look at the Local Government Code of 1991,â&#x20AC;? aimed at taking a strategic look at the Local Government Code of 1991; and, generate recommendations on critical amendments and suggestions on how to move forward. It is participated in by local chief executives (governors, municipal and city mayors); national and local legislators (Congressmen and select members of Sangguniang Bayan and Sangguniang Panlalawigan); members of the academe; members of civil society organizations; and, representatives of national government agencies. Table 4. List of priority amendments as proposed by stakeholder-participants to the LGC workshop

Issues and Critical Actions in Local Governance

The participants unanimously agree that the amendments on resource-sharing, particularly the IRA, and the term limits of the local officials should be prioritized. Resources should follow function and should there be considerations on resourcesharing and IRA reformulation, these should be favorable to the LGUs. On equal footing with regards resources is the issue on term limits. Proposals, however, vary from four to five years per term, and from two terms to no term limitations. Other proposed amendments revolve around power relations (lesser restrictions on the LGUs but instead increasing local autonomy), increasing devolution, redesigning the Sangguniang Kabataan, and creating an environment for a substantive civil society participation.

6.2 Challenges in Advancing the Proposed Amendments Since 1998, a number of bills seeking to amend the Local Government Code have been filed before the Congress. Only a few have been successful, however, and these are concerned with the extension of the terms of the members of the Sangguniang Barangay and Sangguniang Kabataan (RA No. 8524); the composition and manner of election of the members of the local legislative councils (RA 8553); the institutionalization of the calamity fund (RA No. 8185); and, the increasing of the income requirement for the creation of cities (RA No. 9009). The rest are shelved in the local government committees of both the HOR and the Senate. Political economy factors primarily explain the â&#x20AC;&#x153;shelvingâ&#x20AC;? of the bills. In an assessment of the feasibility of reforming the Local Government Code, Matsuda (2011) argues that there is a Proposed amendments and critical recommendations

Amendments to the LGC of 1991 • RA 8524 - Extension of the terms of the members of the Sangguniang Barangay and Sangguniang Kabataan • RA 8553 - Amendment on the composition and election members of the local legislative councils • RA 8185 - Institutionalization of the calamity fund • RA 9009 - Increasing of the income requirement for the creation of cities

collective action problem and interest incompatibility among the members of Congress. For instance, while 36 percent of the HOR members and 54 percent of the Senators of the 14th Congress have been local chief executives or have LCE relatives, the numbers are not enough to ensure that a bill becomes a law (Carizo 2009a). In some cases, the mindset of an LCE would change the moment he/she becomes a Congressman or a Senator. This, in part, is supported by Figure 4 where Congressmen see the problem on the LGC as rooted primarily on structures and systems, and secondarily on fiscal matters contrary to the view of incumbent LGU officials. Even among legislators, proposed amendments vary with some going to the extremes. For instance, while some Congressmen are advancing devolution, there are those who clamor for the reversion of functions to the central government (i.e., HB No 34

Issues and Critical Actions in Local Governance

1322 which seeks to revert agricultural functions to the national government). Others are also seeking for the strengthening of the Sangguniang Kabataan (HB No. 27) while there are those who clamor for their abolition (HB Nos. 1122 and 1125). Complicating the matter is the tendency of the Congressional committees to act as â&#x20AC;&#x153;gatekeepersâ&#x20AC;? which sometimes tend to get abused especially if the Committee Chairman has other interests (Carizo 2012). This in part explains why around 90 percent of the bills remain at the committee level. In addition to legislation-related political economy, there are also factors or issues that need to be considered in amending the Code. These include the issues on climate change, migration, rapid urbanization, and globalization. The current proposals are generally reactive and very restricted, if not parochial â&#x20AC;&#x201C; hence, the focus on resources, systems and structures. None of the proposals reviewed even tried to address the phenomena or issues mentioned, and this is problematic because said phenomena or issues will have, or are already making, an impact on local governance. The Typhoon Yolanda (Haiyan) devastation, for instance, not only laid bare the lack of readiness of some local governments to respond to disasters but also the lack of clarity on the roles of local and national government

Proposed amendments and critical recommendations

agencies in post-disaster response. Another is the inevitable implementation of the ASEAN Free Trade Agreement which will definitely alter the economic environment and affect not only local competitiveness but also the exercise of powers of local governments, particularly in regulating businesses in their respective jurisdictions (Panadero 2014).

6.3 Next Steps As stated, there are a number of proposals to amend the Code in addition to the bills being filed in the Congress. What is critical now is to move the important and strategic amendments forward. We need to do the following next steps:

â&#x20AC;˘

Create awareness and hype the necessity of amending the LGC. As proposed during the LGC workshop-forum, these include the utilization of the media both traditional and social media; and, continuing the research and diagnostic functions of the academe to provide evidence in support of the amendments.

â&#x20AC;˘

Conduct an inventory and consolidation of LGC proposals. While the LGA conducted its own inventory of proposals, the same was only generated from the leagues of local governments and select agencies. The inventory was also conducted a decade ago, and the proposals may not even be responsive to the current conditions. Include in the inventory the proposals by other local governance stakeholders such as development workers and other members of the civil society.

Issues and Critical Actions in Local Governance

•

Solicit proposals from other sectors including the business sector and experts on international trade and cooperation, climate change, migration and urban development. If time warrants, conduct in-depth studies on how the issues on climate change, migration, rapid urbanization, and globalization will affect local governance and how the negative effects can be mitigated.

•

Draft a bill that is acceptable to all the stakeholders. The bill should incorporate measures that could mitigate the effects of the issues or phenomena mentioned. There should be proper consultation to be able to generate the consensus particularly on what is politically feasible.

•

Conduct a mapping of supporters, champions, and potential opposition on the draft LGC bill and the develop strategies how to generate as much support as possible. These should include plans on information and education on the necessity of amending the Code.

•

Lastly, get the support of Congress and the President to enact the proposed bill into a law.

Proposed amendments and critical recommendations

Issues and Critical Actions in Local Governance

References A. Papers Alinio, B.F. 2008. “Philippine Local Government Officials Perceptions of Decentralization and its Effects on Local Governments’ Administrative Capabilities”. Dissertation submitted to George Washington University: WA Azfar, Omar, Tugrul Gurgur, Satu Kähkönen, Anthony Lanyi, and Patrick Meagher. 2000. “Decentralization and governance: An empirical investigation of public service delivery in the Philippines”. IRIS: Maryland, USA Azfar, Omar, Satu Kähkönen, and Patrick Meagher. 2001. “Conditions for effective decentralized governance: A synthesis of research findings”. IRS: Maryland, USA Boex, Jamie and Serdar Yilmaz. 2010. “An Analytical Framework for Assessing Decentralized Local Governance and the Local Public Sector”. Urban Institute Center on International Development and Governance: WA Brillantes, Alex Jr., James Alm, Gilbert Llanto, and Gaudioso Sosmena. Forthcoming. 20 years of decentralization in the Philippines: Issues, Concerns, Impact and Directions Book 1. Capuno, Joseph J. 2008/2009. “A case study of the decentralization of health and education services in the Philippines”. HDN Discussion Paper Series Capuno, J.J. and O. Solon. 1996. “The Impact of Devolution on Local Health Expenditures: Anecdotes and Some Estimates

References

from the Philippines”. Philippine Review of Economics and Business Carizo, Jay A. 2009a. “Policy Champions and Political Incentives: The Prospects of IRA Reform in the 14th Philippine Congress”. Mimeo. The World Bank ______________. 2009b. “Philhealth and political risks for local reforms”. Mimeo. IPD ______________. 2012. “The Political Feasibility of Labor Code Reforms in the Philippines.” Mimeo. The World Bank Casauay, Angela. 2013. “Most Ombudsman cases filed vs LGUs, PNP”. Retrieved from http://www.rappler.com/ nation/32247-lgu-pnp-ombudsman-cases on January 31, 2014 Cuevas-Miel, Likha. 2011. “The Local Government Code at 20: Politics Still Messing Up Fiscal Autonomy”. Interaksyon. com Diaz-Manalo, Pamela. 2007. “Policy Advisory No. 2007-01: Reform Directions on the IRA”. CPBD-HOR Dorotan, Eddie. 2010. “Building an Archipelago of Good Governance”. In: Sta. Ana Filomeno III S. Philippine Institutions: Growth and Prosperity for All. AER: Manila _______________. N.d. “Challenges and Opportunities in Transferring Innovations in LDCs”. Galing Pook Foundation. 2014. Proceedings of the WorkshopForum “A Fresh Look at the Local Government Code of 1991” Gonzales, Raul P. 1997. “Case Studies on Decentralization: Philippines”. SDA Technical Consultation on Decentralization Guevara, Milwida. N.d. “Real Property Taxation in the Philippines”.

Issues and Critical Actions in Local Governance

Gomez, Maita. 2010. “The Failure of the Real Property Tax in Local Governments”. Gyun Cheol Gu. 2012. “Developing Composite Indicators for Fiscal Decentralization: Which is the Best Measure for Whom?”. MPRA Hasnain, Zahid. “Devolution, Accountability and Service Delivery”. The World Bank: 2008 HDN. “Philippine Human Development Report” Herrera, Maria Elena, Roman Francisco and Maria Cristina Alarilla. 2010. “Overview of Health Sector Reform in the Philippines and Possible Opportunities for Public-Private Partnerships”. AIM Huther, Jeff and Anwar Shah. “Applying a Simple Measure of Good Governance to the Debate on Fiscal Decentralization”. Khemlani, Stuti. 2013. “Buying votes vs. supplying public services: Political incentives to under-invest in pro-poor policies.” Policy Research Working Paper. The World Bank. LGA-DILG. 2004. Unpacking the Local Government Code of 1991. Llanto, Gilberto M. 2009. “Fiscal Decentralization and Local Reforms in the Philippines”. PIDS Manasan, Rosario G. 1999. “Indicators of Good Governance: Developing an Index of Governance Quality at the LGU Level”. PIDS Manasan, Rosario G. 2004. “Local Public Finance in the Philippines: Balancing Autonomy and Accountability”. PIDS Martinez-Vazquez, Jorge, and Andrey Timofeev. 2009. “Decentralization Measures Revisited”. Andrew Young School of Policy Studies Matsuda, Yasuhiko. 2012. “Operational Implications of Political References

Economy Analysis: Local Service Delivery in Health and Roads”. World Bank Office of Manila _______________. 2011. “Ripe for a Big Bang? Assessing the Political Feasibility of Legislative Reforms in the Philippines’ Local Government Code”. The World Bank Panadero, Austere. 2014. Interview by Eddie Dorotan and Jay Carizo. DILG Quezon City. February 25. Philippine Center for Investigative Journalism and Institute for Popular Democracy. 1995. “Jueteng is embedded in local culture”, retrieved 1/26/2014, http://pcij.org/stories/1995/ jueteng3.html) Pinero, Mary Angeles, Eddie Dorotan et. al. “Local Health Systems Inter-Local Health Zones, A New Approach to Reform”. Rodden, Jonathan. 2002. “The Dilemma of Fiscal Federalism: Grants and Fiscal Performance around the World”. American Journal of Political Science Sarmiento, Mel Senen. 2006. “LGU Perspectives on Local Government Finance Issues”. Presented during the Consultation Workshop of the Working Group on Decentralization and Local Government” Shaz, Anwar, Theresa Thompson and Heng Fu Zuo. 2004. “The impact of decentralization on service delivery, corruption, fiscal management and growth in developing and emerging market economies: A synthesis of empirical evidence”. CESifo DICE Report. Sikander, Muhammad Usman and Syed Ahsan Ahmad Shah. 2009. “Inter-District Inequalities in Social Service Delivery: A Rationalized Approach Towards Funds Disbursement” Uchimura, Hiroko and Yurika Suzuki. 2009. “Measuring Fiscal Decentralization in the Philippines”. IDE Wurfel, David. 2004. “Civil society and democratization in the Philippines” in Growth and Governance in Asia. 42

Issues and Critical Actions in Local Governance

B. Legal Documents Office of Senate Minority Leader Aquilino Pimentel, Jr. “Proposed Amendments to the Local Government Code”. R.A. 7160 otherwise known as the Local Government Code of the Philippines C. Data 14th Congress political economy data on Congressmen (political alignments, clan memberships, etc.) generated for the paper “Policy Champions and Political Incentives: The Prospects of IRA Reform in the 14th Philippine Congress” COA Report on LGU expenditures, various years Human Development Network. Philippine Human Development Index, 1997-2012 National Statistics Coordination Board. 2009 City and Municipal Level Poverty Incidence. _________. 2009 City and Municipal Level Poverty Incidence Proposed amendments on the Local Government Code of 1991 filed at the Committee on Local Government, Philippine HOR and HOS Statement of Income and Expenditure of Local Government Units (Provinces, Cities and Municipalities) from 20012012 Statement of Income and Expenditure of Local Government Units (Provinces) from 1996 to 2000

References

Issues and Critical Actions in Local Governance

Annexes

Relations and Principles

Category

•

Define the con- • cept of “general supervision” in the Code [Secs. 25] Require all NGAs, GOCCs and public-quasi corporations to consult with LGUs, NGOs and other sectors before implementing their programs or projects in the LGU jurisdiction, on any undertaking, not only those with potential adverse effects on the environment as currently provided [Sec. 26]

League of Cities of the Philippines

Define the concept • of “general supervision” in the Code [Secs. 25, 32] Strengthen Code provision on man- • datory prior consultation in implementing National programs [Secs. • 26-27] President and DILG shall have no authority to review, revise or declare valid Ordinances, resolutions and local executive orders [Sec. 30]

League of Provinces of the Philippines Require all NGAs, GOCCs and public-quasi corporations to consult with LGUs, NGOs and other sectors before implementing their programs or projects in the LGU jurisdiction, on any undertaking, not only those with potential adverse effects on the environment as currently provided [Sec. 26]

League of Municipalities of the Philippines

League of Barangays of the Philippines

Others

BLGS: • Emphasize that the income requirement for the creation or conversion of LGU should be based on locally-sourced revenues [Sec. 7(a)] • EBaseline income requirement should not be less than Php50M for a municipality, Php100M for a component city and Php300M for a province [Sec. 7(a)] • Define and clarify “consultation” [Sec. 27] • The phrase subject to pertinent accounting and auditing rules and regulations

Annex A. Comparison of Proposed Amendments to the Local Government Code of 1991

Based on the inventory conducted by the Local Government Academy as published in Unpacking the Local Government Code of 1991: A Comprehensive research and up to date evaluation of the Local Government Code of 1991 conducted by the Local Government Academy.

46 Issues and Critical Actions in Local Governance

Annex A

Relations and Principles

Category

League of Provinces of the Philippines

•

Require government au- • thorities to submit copies of their project/program Documents to the LGUs concerned [Sec. 27] DBM and concerned national government agencies should require resolutions of consultations from LGUs concerned prior to initial release of funds forprojects [Sec. 27] Require the nationalgovernment agencies concerned to pay for the benefits, compensation and other financial assistance given to their employees working in the LGU jurisdiction but allow to augment the same [Sec. 81]

League of Cities of the Philippines Require the national government agencies concerned to pay for the benefits, compensation and other financial assistance given to their employees working in the LGU jurisdiction but allow to augment the same [Sec. 81]

League of Municipalities of the Philippines

League of Barangays of the Philippines should be amended to refer to government accounting and auditing rules and regulations [Sec. 505] BLGD: • The classification of positions must conform with the prescribed guidelines under RA 6758 and subsequent laws that may be enacted pursuant to constitutional mandates [Sec. 76] • Salary adjustments initiated by the National Government shall be exempted from the prohibition of this section [Sec. 81] • Compensations should be in accordance with the existing salary standardization law [Secs. 447, 458, 468(a)(1)]

Others

48 Issues and Critical Actions in Local Governance

Devolution of Powers

Category

•

Explicitly allow LGUs to exercise those powers that are not otherwise expressly prohibited by law [Sec. 16] Remove from the Secretary of Finance the current authority to appoint the local treasurer and assistant local treasurer, and give the authority to the local chief executives [Secs. 470(a), 470(b), 471(a)]

League of Cities of the Philippines

DENR shall not ex- • ercise control and supervision over LGUs [Secs. 7(b)(2)(ii), 17(b)(3)(ii)] Implementation, supervision and administration of infrastruc- • ture projects of local nature should be devolved to LGUs [Sec. 17(c)] School building programs should be devolved to LGUs [Sec. 17(c)] Give LGUs more responsibility/authority for environmental protection by allowing them to issue Environmental Compliance Certificates (ECC) [Sec. 26]

League of Provinces of the Philippines

•

Explicitly allow LGUs to exercise those powers that are not otherwise expressly prohibited by law [Sec. 16] Return the operational control of local police forces to local chief executives [Sec. 28] Allow municipalities to regulate the operation of jeepneys and buses plying within their respective territorial jurisdiction [Sec. 443] Remove from the Secretary of Finance the current authority to appoint the local treasurer and assistant local treasurer, and give the authority to the local chief executives [Secs. 470(a), 470(b), 471(a)]

League of Municipalities of the Philippines

League of Barangays of the Philippines

BLGD: • Include provision of fire protection service [Sec. 17] • Integrate the functions stated in 1, 2, 3 [Sec. 476(b)]

BLGS: • Empower capable provinces, cities or municipalities to maintain, repair or rehabilitate public works or infrastructure projects [Sec. 17(c)] • Distinguish between the authority granted to the Congress and the devolved power of the province, to issue a franchise [Sec. 137]

Others

Annex A

Non-diminution of the IRA/IRS even in case of unmanageable public sector deficit [Sec. 284] Gradual increase of IRA/IRS to fifty percent (50%) of the national internal revenue [Secs. 284, 290] Automatic release of IRA to be referred to as internal revenue share (IRS) [Sec. 286] Automatic appropriation of the LGUs’ share in the national taxes and income [Sec. 286] Provide for penalties for the non-implementation of the automatic release of IRA/IRS [Sec. 286]

F i s c a l • Matters

•

League of Provinces of the Philippines

Category

•

Ensure the funding of mandates later given to LGUs by subsequent laws, executive orders, and such other issuances [Sec. 3(d)] Allow LGUs to let the private sector the collection of local taxes, fees, charges, and other impositions [Sec. 130(c)] Allow LGUs to collect registration fees from vessels three (3) tons and below [Sec. 133(d)] Give LGUs the power to impose excise taxes on articles enumerated in the National Internal Revenue Code except petroleum [Sec. 133(h)]

League of Cities of the Philippines

•

Ensure the funding of • mandates later given to LGUs by subsequent laws, executive orders, and such other issuances [Sec. 3(d)] Allow LGUs to let the private sector the collection of local taxes, fees, charges, and other impositions [Sec. 130(c)] Allow LGUs to collect registration fees from vessels three (3) tons and below [Sec. 133(d)] Give LGUs the power to impose excise taxes on articles enumerated in the National Internal Revenue Code except petroleum [Sec. 133(h)]

League of Municipalities of the Philippines

Others

Adjust from fifty BLGS: thousand pe- • In relation to Sections 235 sos (P50,000.00) and 272, the or less to one issues on the hundred thouexpense items sand pesos chargeable (P100,000.00) against the or less, in case Special Eduof cities, and cation Fund from thirty should be clarthousand peified [Sec. 100] sos (P30,000.00) or less to sixty • Empower the localauthorithousand pesos ties concerned (P60,000.00) or to perform less, in case of municipalities, both the registration and lithe gross sales or censing for the receipts of store operation of or retailers with fishing vessels fixed business esweighingthree tablishments to (3) tons or less be taxed by a rate [Sec. 149] of not more than one percent (1%) [Sec. 152]

League of Barangays of the Philippines

50 Issues and Critical Actions in Local Governance

Fiscal Matters

Category

League of Provinces of the Philippines

•

Allow LGUs to collecttaxes from GOCCs and other public quasi- corporations [Sec. 133(o)] Allow municipalities to collect community tax of not more than twenty pesos (P20.00) from a fixed amount of five pesos (P5.00) every year, and two pesos, in lieu of one peso (P1.00), for every one thousand pesos (P!,000.00) of income [Sec.157] Allow the SangguniangBayan to tax local water districts, cooperatives, nonstock and non-profit hospitals and educational institutions [Sec. 193]

League of Cities of the Philippines

•

Allow LGUs to collecttaxes from GOCCs and other public quasi- corporations [Sec. 133(o)] Allow municipalities to collect community tax of not more than twenty pesos (P20.00) from a fixed amount of five pesos (P5.00) every year, and two pesos, in lieu of one peso (P1.00), for every one thousand pesos (P!,000.00) of income [Sec.157] Allow the Sangguniang Bayan to tax local water districts, cooperatives, nonstock and non-profit hospitals and educational institutions [Sec. 193] Change the codal formula used to determine the

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Restate or amend the provision by stating the scope of taxing powers and not as a regulatory power [Sec. 152] Supplement and amend the determinants of the allocation formula such as population growth rate instead of population (the lower the growth rate the higher the share); real property tax base instead of land area; equal sharing; poverty incidence (the higher the rate, the higher the share); and state of development and revenue performance [Sec. 285]

Others

Annex A

Fiscal Matters

Category

League of Provinces of the Philippines

•

Define “national wealth” [Sec. 289] Increase LGU share from the use of national wealth from forty percent (40%) to sixty percent (60%) of the gross collection of taxes, fees and charges imposed on the use of development of such • wealth; and require all national government • or private entities engaged in the utilization of national wealth to furnish the LGU with their annual reports and the sharing computation [Secs. 290- 291] Allow LGUs to contract guarantees, aside from the current loans and credits

League of Cities of the Philippines IRA shares of municipalities by increasing it from thirty-four percent (34%) to thirty-six percent (36%) by including the fifteen (15) km. radius from the coastal line in the IRA computation in case of coastal municipalities [Sec. 285(c)] Define “national wealth” [Sec. 289] Increase LGU share from the use of national wealth from forty percent (40%) to fifty percent (50%) of the gross collection of taxes, fees and charges imposed on the use of development of such wealth; and require all national government or private entities engaged in the utilization of national wealth to furnish

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Define development to mean programs or projects [Sec. 287] Increase the minimum requirement of 20% IRA to at least 25% [Sec. 287] The minimum of 80% of the proceeds should be dedicated to finance development initiatives and the remaining amount be utilized to subsidize the cost of electricity in the concerned LGU [Sec. 294] Give emphasis to paragraph (i) to harmonize the budget with the plan [Sec. 305]

Others

52 Issues and Critical Actions in Local Governance

Fiscal Matters

Category

League of Provinces of the Philippines

•

with banks andnon -bank financing intermediaries, not only local but foreign as well, subject to applicable • laws, rules and regulations [Sec. 297] Exempt long-term bonds and similar obligations issued by LGUs from the payment of income tax, documentary stamp tax, and other national or local taxes [Sec. • 299] Lift the preference of • government-owned banks and allow local treasurers to maintain depository accounts with the private banks [Sec. 311]

League of Cities of the Philippines

Exempt long-term bonds and similar obligations issued by LGUs from the payment of income tax, documentary stamp tax, and other national or local taxes [Sec. 299]

the LGU with their annual reports and the sharing computation [Secs. 290- 291] Allow LGUs to contract guarantees, aside from the current loans and credits with banks and non-bank financing intermediaries, not only local but foreign as well, subject to applicable laws, rules and regulations [Sec. 297]

League of Municipalities of the Philippines

League of Barangays of the Philippines

Incorporate RA 8185 s. 1996 known as An Act Amending Section324 (d) of the RA 7160, and the Joint Memorandum Circulars of the DILG and DBM, in the Code or the Implementing Rules [Sec. 324(d)] BLGD: • Amusement places should include country and sports clubs, golf-courses, beach and other resorts, recreation parks, cockpits and other areas where one also watches shows, participate in the activities or use the facilities there [Sec. 131(c)]

•

Others

Annex A

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines •

Lift the preference of government-owned banks and allow local treasurers to maintain depository accounts with the private banks [Sec. 311]

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Gross sales or receipts shall be the amount of money or counterpart received during the taxable year [Sec. 131(n)] Should include the definition of National Wealth [Sec. 131] Provided other workingdefinitions for contractor, resident foreign corporation, fee, gross sales or receipts, peddler, retailer, and wholesale [Sec. 131] Grant the city or municipal mayor the recommendatory power in issuing permit to extract quarry resources [Sec. 138] Exporter contractors should be included [Sec. 143] Simplify the local business tax by specifying a maximum rate of 50% of 1% of gross sales and receipts [Sec. 143] Impose a reasonable fee of PhP500 for application of clearance [Sec. 152(c)]

Others

54 Issues and Critical Actions in Local Governance

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Proposal for a new tax schedule [Sec. 157] Persons over sixty-five (65) years of age unless gainfully employed or engaged in business [Sec. 159] Assessment shall be based on a uniform standard of value [Sec. 198] Improve the definition of the term “machinery” [Sec. 199] Propose additional to the definition of terms such as agricultural land, assessment level, commercial land, industrial land, machinery, mineral lands [Sec. 199] Declaration of real property be kept and filed by the provincial, city or municipal assessor under a uniform classification system defined by the DOF [Sec. 207] Include recreational lands in the special classes [Sec. 216]

Others

Annex A

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

• •

•

Fifty percent (50%) of the proceeds should be dedicated to lower the cost of electricity; at least 25% shall be used for livelihood projects; and 25% to the general fund [Sec. 294] The local sanggunian must be represented [Sec. 316]

Compute the IRA based on the BIR gross collections of the second fiscal year based on the LGUs tax effort and equalization factors [Sec. 284] Sixty percent (60%) must be allotted as the share of LGUs in the national revenue taxes [Sec. 284] Provision for penalty and sanctions for failure to comply with the preceding sections [Sec. 286] Increase in the shares and percentage provided by the existing section [Sec. 291]

Others

56 Issues and Critical Actions in Local Governance

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines Balances of ppropriations out of the 20% development fund, and 5% calamity fund shall not revert to the unappropriated surplus of the general fund [Sec. 322]

NTSC: • Amusement places should include country and sports clubs, golf-courses, beach and other resorts, recreation parks, cockpits and other areas where one also watches shows, participate in the activities or use the facilities there [Sec. 131(c)] • Gross sales or receipts shall be the amount of money or counterpart received during the taxable year [Sec. 131(n)] • Allow LGUs to impose regular fees on vessels with tonnage of three (3) tons and below [Sec. 133(d)]

•

Others

Annex A

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Allow LGUs to impose excise tax on articles enumerated under the NIRC with the exception of petroleum products [Sec. 133(h)] Allow LGUs to impose taxes on GOCCs, income tax, agricultural and aquatic products when sold by marginal fishermen [Sec. 133] Allow LGUs to tax for the registration and issuance of licenses or permits of motor vehicles except tricycles and public utility vehicles operating within the province [Sec. 133] Allow the provinces to impose taxes on business enjoying a franchise, whether local, national, or legislated [Sec. 137] Grant the city or municipal mayor the recommendatory power in issuing permit to extract quarry resources [Sec. 138]

Others

58 Issues and Critical Actions in Local Governance

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Increase the professional tax to PhP600 per person engaged in the practice of profession [Sec. 139] Increase the tax to PhP1,000 [Sec. 141] Simplify the local business tax by specifying a maximum rate of 2% (on gross receipts) and deleting the enumeration of businesses with corresponding graduated tax schedules [Sec. 143] Empower the local authorities concerned to perform both the registration and licensing for the operation of fishing vessels weighing three (3) tons or less [Sec. 149] Broaden the scope of taxing powers of barangays by allowing them to levy taxes on stores and retailers with gross sales of PhP75,000 in the case of cities and PhP45,000 in the case of municipalities [Sec. 152(a)]

Others

Annex A

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Increase the basic community tax [Sec. 157] Shorten the period on the deadline for filing of and deciding of protests [Sec. 195)] Should be done by the DOF in consultation with the Association of Local Assessors and Treasurers [Sec. 201] Consolidation of the Assessment Rolls of the municipalities by the provincial assessor [Sec. 205] Declaration of real property be kept and filed by the provincial, city or municipal assessor under a uniform classification system defined by the DOF [Sec. 207] The frequency of the general revision of real property should be every five (5) years, provided that a conjunctive measure shall be included in the IRR [Sec. 219]

Others

60 Issues and Critical Actions in Local Governance

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Should not include exemption to machineries and equipments used by local water districts and GOCCs engaged in the supply and distribution of water and/or transmission of electric power [Sec. 234] Fix uniformly the SEF tax rate at one-half (1/2) of the rate for basic real property tax [Sec. 235] Set the maximum rate of idle land tax at three percent (3%), and amend the definition and coverage of the idle land tax [Sec. 236] Transfer the primary responsibility to collect real property tax and deputize the barangay treasurers from the municipal treasurer to the provincial treasurer [Sec. 247] Deputize the barangay treasurers to the city and municipal treasurers in the MMA to collect the real property tax [Sec. 247]

Others

Annex A

Fiscal Matters

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines

•

Increase the application of interest on delinquent real property tax to sixty (60) months [Sec. 255] Distribute the proceeds of the RPT as follows: province (40%); municipality (45%); barangay (15%), and in the MMA: City/municipality (75%); barangay (25%) [Sec. 271] Allocate 20% to the general fund of the municipality instead of dividing the same between the province and municipality [Sec. 272] Fix the shares of the province and the municipality, and the MMA share from the collections of municipalities in Metro Manila in accordance with the schedule in Section 271 [Sec. 273]

Others

62 Issues and Critical Actions in Local Governance

S t r u c t u r e s • and Systems

Fiscal Matters

Category

Allow LGUs • to incorporate their cooperative undertakings [Sec. 33] Include vicemayors and vice-governors in the Local D e ve l opm e nt Councils (LDC) [Sec 107]

League of Cities of the Philippines

President and • DILG shall have no authority to impose disciplinary actions against local of- • ficials [Secs. 61, 63, 66, 67]

League of Provinces of the Philippines

•

Compute the IRA based on the BIR gross collections of the second fiscal year based on the LGUs tax effort and equalization factors [Sec. 284] Exclude from the computation of the certified gross BIR collection those that actually accrue to the LGUs [Sec. 284]

Others

Omit the re- BLGS: striction on • The causes for temporary incapacity should include medthe number of ical or health reasons [Sec. barangay tan46(b)] The phrase “Elective ods who shall local officials” in the last senbe granted tence of the provision should insurance and be clarified to mean provinother benefits cial, city, and municipal elecin paragraph tive local officials only [Sec. (d) [Sec. 81] 393(d)]

League of Barangays of the Philippines

Make all manda- • tory positions in all LGU level optional five years after the effectivity of the proposed act [Secs. 443, 454, 463, 469-470, 474476, 478-487, 490]

League of Municipalities of the Philippines

Annex A

Structures and Systems

Category

League of Provinces of the Philippines

•

Give to the SK • chairman the authority to appoint the SK secretary and treasurer [Sec. 423] Prohibit government officials from giving direct or indirect support to the election of any SK candidate [Sec. 423]

League of Cities of the Philippines Authorize the local treasurer in all LGU levels to validate the computation on the sharing of the proceeds from the use of national wealth prepared by national government agencies or GOCCs concerned [Sec. 470]

League of Municipalities of the Philippines

League of Barangays of the Philippines Should be supplemented to include injunctions, restrictions, or qualifications relative to the practice of profession by the local government appointive personnel [Sec. 90] Include the types of interpersonal disputes that can be settled by the Lupon [Sec. 408]

BLGD: • Define agricultural land, and how often reclassification may be allowed [Sec. 20] • Reclassification shall be undertaken in accordance with land requirement for urban development in the approved land [Sec. 20] • The role of the presiding officer must be given to the LCE [Sec. 49] • The responsibility of designing local organizational structure and staffing pattern shall be exercised by the local sanggunian [Sec. 77]

•

Others

64 Issues and Critical Actions in Local Governance

Structures and Systems

Category

League of Provinces of the Philippines

League of Cities of the Philippines

League of Municipalities of the Philippines

League of Barangays of the Philippines

Should include the Budget Officer of the concerned LGU in the board [Sec. 98] Barangay treasurers should be at least high school graduate [Sec. 395]

PIEP: • Reclassification of agricultural lands should be made consistent with national and regional planning standards and guidelines [Sec. 20] • CLUP should be made as the basis for reclassification and dispense with the requirement of DAR conversion if the lands has already been rezoned to urban use under the CLUP [Sec. 20] • A licensed environmental planner should be appointed for cities and to be given priority to municipalities within three (3) years from the amendment (professionalization of the PDC) [Sec. 476]

•

Others

Annex A

Popular Participation

Category

•

Expand membership of some Local Special Bodies (LSBs) to include Civil Society Organizations/NonGovernmental Organizations (CSO/ NGO) representatives particularly the Local School Board [Sec. 35] Provide for enabling laws for election of sectoral representatives in the local sanggunians in order to operationalize the provisions of the Code on sectoral representation [Sec. 41(c)]

League of Provinces of the Philippines

•

Specify the players who relate • to the LGUs: national government, GOCCs and public quasi- corporations [Sec. 5] Provisions to expand NG- • O-PO participation be liberally interpreted in favour of the NGOs and Pos [Sec. 5] Require government authorities to give notices to the general public and to conduct public hearings before implementing their projects [Sec. 27] Specify the roles of local chief executives and sanggunians in the provision on linkages with NGOs and Pos [Sec. 35] Abolish the preparatory recall assembly (PRA) [Sec. 70(b)] Lower the percentage requirement to initiate recall from twenty-five percent (25%) to twenty percent (20%) [Sec. 70(d)]

League of Cities of the Philippines

Others

Increase the BLGS ambiercentage re- • The guity of the quirement to phrase, two initiate recall (2) reprefrom twensentatives of ty-five pernongover ncent (25%) to mental orthirty percent g an i z at i ons (30%) [Sec. should be 70] addressed or clarified in the Code or IRR [Sec. 37(a)(4)]

League of Barangays of the Philippines

Abolish the pre- • paratory recall assembly (PRA) [Sec. 70(b)] Lower the percentage requirement to initiate recall from twenty-five percent (25%) to twenty percent (20%) [Sec. 70(d)]

League of Municipalities of the Philippines

Issues and Critical Actions in Local Governance

Prepared by the Office of Senator Aquilino Pimentel, Jr., and the Union of Local Authorities in the Philippines as published in www.pcij.org

(b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective

(B) Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization [whereby] WHERE local government units [shall be given] ARE GRANTED more powers, authority, responsibilities [,] and resources. The process of decentralization shall proceed from the [National] CENTRAL Government to the local government units.

(c) to require all national government agencies and offices including government owned and controlled corporations (GOCCs) , as well as private firms or entities, to consult with and secure prior approval of local government units, nongovernmental, people’s organizations and other concerned sectors of the community, before any of their programs or projects is implemented in their areas.

(b) to ensure the accountability of local elective officials to the people through the mechanisms of recall, initiative and referendum.

ULAP’s Proposed Amendment SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State: (a) XXX

Pimentel’s Proposed Amendment SEC. 2. Declaration of Policy. - (a) It is hereby declared [the] A policy of the State TO ENSURE that [the] ITS territorial and political subdivisions [of the State] shall enjoy genuine and meaningful local autonomy to enable them to attain [their fullest] FULL development as self-reliant communities and [make them more] BECOME effective partners in the attainment of national goals.

Codal Provision

SEC. 2. Declaration of Policy. - (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self- reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units.

Annex B. Comparison of the Omnibus Amendments to the Local Government Code as Proposed By Sen. Aquilino Pimentel Jr., and the Union of Local Authorities of the Philippines

Annex B

[(c)] (D) It is likewise [the] A policy of the State to require all [national] CENTRAL GOVERNMENT agencies and offices to conduct [periodic consultations] PUBLIC HEARING AND CONSULT with THE appropriate local government units, nongovernmental and people’s organizations, and other concerned sectors of the community before any [project or] program OR PROJECT is APPROVED FOR implement[ed]ATION BY CENTRAL GOVERNMENT AGENCIES, OFFICES OR GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, in their respective jurisdictions.

Pimentel’s Proposed Amendment [(b)] (C) It is also [the] A policy of the State to [ensure the accountability of local government units through the institution of] INSTITUTE effective mechanisms [of] FOR recall, initiative and referendum, TO ENSURE THAT LOCAL ELECTIVE OFFICIALS ARE MORE ACCOUNTABLE TO THE PEOPLE.

Codal Provision

mechanisms of recall, initiative and referendum.

ULAP’s Proposed Amendment

Issues and Critical Actions in Local Governance

ULAP’s Proposed Amendment SEC. 3. Operative Principles of Decentralization. – The formulation and implementation of policies and measures on local autonomy shall be guided by the following operative principles: (a)XXX (b)XXX (c)Subject to civil service law, rules and regulations, local officials and employees paid wholly or mainly from local funds shall be appointed or removed, according to merit and fitness, by the appropriate appointing authority. For this purpose, Vice- Governors, City and Municipal Vice-mayors shall likewise have the power to appoint their respective personnel. (d)The vesting of duty, responsibility, and accountability in local government unit shall be accompanied with provisions for reasonably resources to discharge their powers and effectively carry out their functions; hence, they shall have the power create and broaden

Pimentel’s Proposed Amendment SEC. 3. Operative Principles of Decentralization. – The formulation and implementation of policies and measures on local autonomy shall be guided by the following operative principles: (a) XXX (b) XXX (c) [Subject to civil service law, rules and regulations,] [l] Local officials and employees WHO ARE paid wholly [or mainly] from local funds shall, UNLESS OTHERWISE PROVIDED UNDER THIS CODE, be appointed [or removed] BY THE GOVERNOR, MAYOR, OR PUNONG BARANGAY OR BY THE VICE-GOVERNOR OR VICE-MAYOR AS THE CASE MAY BE according to merit and fitness, AND MAY ONLY BE REMOVED FOR CAUSE, SUBJECT TO CIVIL SERVICE LAW, RULES AND REGULATIONS [by the appropriate appointing authority]; (d) XXX (e) XXX (f) XXX

Codal Provision

SEC. 3. Operative Principles of Decentralization. – The formulation and implementation of policies and measures on local autonomy shall be guided by the following operative principles: (a) XXX (b) XXX (c) Subject to civil service law, rules and regulations, local officials and employees paid wholly or mainly from local funds shall be appointed or removed, according to merit and fitness, by the appropriate appointing authority; (d) The vesting of duty, responsibility, and accountability in local government unit shall be accompanied with provisions for reasonably resources to discharge their powers and effectively carry out their functions; hence, they shall have the power create and broaden their own sources of revenue and the right to a just share in national taxes and an equitable share in the proceeds of the utilization and development of the national wealth within

Annex B

their respective areas; (e) XXX (f) XXX (g) XXX (h) XXX (i) XXX (j) XXX (k) XXX (l) XXX (m) XXX

Codal Provision (g) XXX (h) XXX (i) Local government units shall share with the [National] CENTRAL Government the responsibility [in the management and maintenance of] TO MAINTAIN SOUND ecological balance [within] IN their RESPECTIVE territori[al]ES [jurisdiction], subject to the provision of this Code [and national policies]; (j) XXX (k) The realization of local autonomy shall be facilitated through improved coordination of [national] CENTRAL government [policies and] programs AND POLICIES and TO extenD[sion of] adequate technical and material assistance to less developed and deserving local government units; (l) The [participation of the] private sector [in local governance, particularly in the delivery of basic services], shall be encouraged TO PARTICIPATE AS

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment

(e) XXX (f) XXX (g) XXX (h) XXX (i) XXX (j) XXX (k) XXX (l) XXX (m) XXX (n) As one operative principle of decentralization, the LGUs shall enjoy fiscal autonomy and exercise

Subsequent laws mandating additional functions and responsibilities to LGUs shall be separately and adequately funded by the National Government.

their own sources of revenue and the right to a just share in national taxes and an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas;

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

Issues and Critical Actions in Local Governance

Codal Provision PARTNERS IN LOCAL GOVERNANCE, ESPECIALLY IN THE DELIVERY OF BASIC SERVICES, to ensure the [viability] EFFECTIVENESS of local autonomy as an [alternative strategy] INSTRUMENT for sustainable development; [and] m)The [National] CENTRAL Government shall ensure that decentralization contributes to the continuing improvement of the performance of local government units and the quality of [community] life IN THEIR COMMUNITIES; AND (N) LOCAL GOVERNMENT UNITS SHALL ENJOY FISCAL AUTONOMY, AND SHALL EXERCISE PRIMARY AUTHORITY TO ALLOCATE, UTILIZE AND DISPOSE OF FUNDS GENERATED BY THEM OR ALLOCATED TO THEM, SUBJECT TO THE PROVISIONS OF THIS CODE AND OTHER APPLICABLE LAWS.

Pimentel’s Proposed Amendment primary authority to allocate, utilize and dispose of funds generated by them or allotted to them, that all LGUs particularly the cities and municipalities shall ensure to allocate its human and financial resource equitably among all its barangays and other politicalsubdivisions it has created in tis own territorial jurisdictions. (NEW) discuss in Section 106.

ULAP’s Proposed Amendment

Annex B

ULAP’s Proposed Amendment SEC. 16. General Welfare. – Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health, welfare and safety particularly of women and children, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Pimentel’s Proposed Amendment SEC. 16. General Welfare. – Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health, , enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Codal Provision

SEC. 16. General Welfare. – Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Issues and Critical Actions in Local Governance SEC. 17. Basic Services and Facilities. (c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure projects and other facilities, programs and services funded by the national government under the annual General Appropriations Act, other special laws, pertinent executive orders, and those wholly or partially funded from foreign sources, are not covered under this Section, except in those cases where the local government unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services.

(c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure projects and other facilities, programs and services funded by the national government under the annual General Appropriations Act, other special laws, pertinent executive orders, and those wholly or partially funded from foreign sources, are not covered under this Section, except in those cases where the local government unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services.

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment

SEC. 17. Basic Services and Facilities. -

Codal Provision SEC. 17. Basic Services and Facilities. (c) The DPWH shall devolve the implementation and transfer the corresponding funds of projects to the qualified LGUs (Barangay, Municipal, City and Province) except those that concern national highways, wharves, airports and other infrastructure s which are national importance. (Bicameral)

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

Annex B

SEC. 25. National Supervision over Local Government Units. – (a) Consistent with the basic policy on local autonomy, the President shall exercise general supervision over local government units only on matters of national programs and policies to ensure that their prescribed powers and functions.

SEC. 25. National Supervision over Local Government Units. - (a) Consistent with the basic policy on local autonomy, the President shall exercise general supervision over local government units to ensure that their acts are within the scope of their prescribed powers and functions. (Basic policy on local autonomy: The President to exercise general supervision over LGUs)

SEC. 26. Duty of National Government Agencies in the Maintenance of Ecological Balance. - It shall be the duty of every national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of crop land, rangeland,

(Basic policy on local autonomy: The President to exercise general supervision over LGUs)

SEC. 26. Duty of National Government Agencies in the Maintenance of Ecological Balance. – Subject to Section 2 ( c), all private firms or entities, not only national government agencies and GOCCs shall hold actual consultations and public hearings with Local Development Councils and coordinate with LGUs, NGOs/ POs and other sectors concerned to explain the

(Supervision – limited only to national programs and policies Refer to ruling on Pimentel vs Aguirre)

ULAP’s Proposed Amendment

Pimentel’s Proposed Amendment

Codal Provision

Issues and Critical Actions in Local Governance

ULAP’s Proposed Amendment potential impact of their programs or projects on ecological balance, before implementing them on LGU jurisdiction.

Section 28. Powers of Local Chief Executives over the Units of the Philippine National Police. - The extent of operational supervision and control of local chief executives over the police force, fire protection unit, and jail management personnel assigned in their respective jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. 6975), otherwise known as “The Department

Pimentel’s Proposed Amendment or forest cover, and extinction of animal or plant species, to consult with the local government units, nongovernmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof. Section 28. Powers of Local Chief Executives over the Units of the Philippine National Police. - The extent of operational supervision and control of local chief executives over the police force, fire protection unit, and jail management personnel assigned in their respective jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No. 6975), otherwise known as “The Department of the Interior and Local Government Act of

Codal Provision

land, rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, nongovernmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof.

Annex B

Pimentel’s Proposed Amendment 1990”, and the rules and regulations issued pursuant thereto.

Section 37. Local Prequalification, Bids and Awards Committee (Local PBAC). - (a) There is hereby created a local prequalification, bids and awards committee in every province, city, and municipality, which shall be primarily responsible for the conduct of prequalification of contractors, bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure projects. The governor or the city or municipal mayor shall act as the chairman with the following as members:

Codal Provision

1990”, and the rules and regulations issued pursuant thereto.

Section 37. Local Prequalification, Bids and Awards Committee (Local PBAC). - (a) There is hereby created a local prequalification, bids and wards committee in every province, city , municipality and barangay, which shall be primarily responsible for the conduct of prequalification of contractors, bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure projects. The governor, the city or municipal mayor and the punong barangay shall act as the chair with the vice governor and the city or municipal vice mayor as vicechair; and the following as members:

Refer to MO. 77 dated October _, 2002; HB & SB on 2 Level PNP. ( for NEB consideration)

of Interior and Local government Act of 1990”, and the rules and regulations issued pursuant thereto.

ULAP’s Proposed Amendment

Issues and Critical Actions in Local Governance

Section 38. Local Technical Committee. - (a) There is hereby created a local technical committee in evry province, city, municipality and, whenever appropriate, in the barangay, to provide technical assistance to the local prequalification, bids and awards committee. It shall be cmposed of the provincials city of municipal engineer, the local planning and development coordinator, and such other officials designated by the local prequalification, bids and awards committee.

Section 38. Local Technical Committee. - (a) There is hereby created a local technical committee in every province, city and municipality to provide technical assistance to the local prequalification, bids and awards committees. It shall be composed of the provincial, city or municipal engineer, the local planning and development coordinator, and such other officials designated by the local prequalification, bids and awards committee.

Section 44. Permanent Vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice- Mayor.

H.B. No. 1459 – AN ACT PROHIBITING CERTAIN LOCAL OFFICIALS TO FILL THE VACANCY IN THE OFFICES OF

FOR NEB CONSIDERATION.

Section 44. Permanent Vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice- Mayor. – XXX

For further discussion as to the technical committee at the barangay level.

ULAP’s Proposed Amendment

Pimentel’s Proposed Amendment

Codal Provision

Annex B

Pimentel’s Proposed Amendment

Section 52. Sessions. - (a) On the first day of the session immediately following the election of its members, the sanggunian shall, by resolution, fix the day, time, and place of its regular sessions. The minimum numbers of regular sessions shall be once a week for the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan, and twice a month for the sangguniang barangay.

Codal Provision

Section 52. Sessions. – (a) On the first day immediately following the election of its members, the legislature shall, by resolution, fix the day, time, and place of its regular sessions. The minimum number of regular sessions shall be once a week or at least four (4) times a month for the provincial legislature, city legislature, and municipal legislature, and twice a month for the barangay legislature.

Note: Transmitted to the Senate on May 24, 2002 Approved on Third reading on May 23, 2002

THE GOVERNOR OR MAYOR AND VICE GOVERNOR OR VICE MAYOR, AMENDING FOR THE PURPOSE SECTION 44 OF THE REPUBLIC ACT NO. 7160, OTHERWISE KNOWSN AS THE LOCAL GOVERNMENT CODE OF 1991. Introduced by Reps. Emilio c. Macias II, Douglas RA Cagas, Antonio P. Yapha Jr.

ULAP’s Proposed Amendment

Issues and Critical Actions in Local Governance

Section 54. Approval of Ordinances. - (a) XXX (b) The veto shall be communicated by the Governors and Mayors concerned to the legislature within ten (10) working days.

Section 54. Approval of Ordinances. (a) XXX (b) The veto shall be communicated by the local chief executive concerned to the sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed it.

Section 54. Approval of Ordinances. - (a) XXX

(b) The veto shall be communicated by the local chief executive concerned to the sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed it.

Approval of ordinances. • within ten (10) working days upon receipt the approval of the ordinance by the Chief Executive. • in cases the Presiding Officer fails or refuses to attest within three (3) days upon receipt thereof, the Sannguian Secretary • if no action has been taken by the Presiding Officer and/or by the Chief Executive within the days specified after submission of such an ordinance or resolution, the same shall be presumed consistent with the law and, therefore, valid. (PCL)

The following are for further discussion.

ULAP’s Proposed Amendment

Pimentel’s Proposed Amendment

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Annex B

CLARIFICATION TO THE WORD “ACTION”

(d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.

SEC. 70. Initiation of the Recall Process. – (a) Recall may be initiated by a preparatory recall assembly or by the registered voters of the local government unit to which the local elective official subject to such recall belongs.

Note: Recall Assembly is amended by Republic Act

SEC. 56. Review of Component City and Municipal Ordinances or Resolutions by the Provincial Legislature.

Section 56. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan.

SEC. 70. Initiation of the Recall Process. – Recall of any elective provincial, city, municipal, or barangay official may be validly initiated upon petition of at least twenty-five percent (25%)…… XXX

(d) If no decision has been has been taken by the sangguniang panlalawigan within thirty (30) days after the submission of such an ordinance or resolution, the same shall be presumed consistent with law and thereof valid.

ULAP’s Proposed Amendment

Pimentel’s Proposed Amendment

Codal Provision

Issues and Critical Actions in Local Governance

SEC. 77. Responsibility for Human Resources and Development. – The chief executive for every local government unit shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitutional provisions on civil service, pertinent laws, rules and regulations thereon, including such policies, guidelines, and standards as the Civil Service Commission may establish: Provided, That the local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local

Codal Provision

9244 Otherwise known as An Act Eliminating the Preparatory Recall Assembly as a Mode of Instituting Recall of Elective Local Government Officials, amending for the Purpose Sections 70 and71, Chapter 5, Title One Book I of RA 7160, and For Other Purposes

Pimentel’s Proposed Amendment

SEC. 77. Responsibility for Human Resources and Development. – The Chief Executive of every local government unit , including the Vice-Governor and Vice- Mayor with respect to their respective offices, shall be responsible for human resources and development in their unit … xxx

ULAP’s Proposed Amendment

Annex B

Pimentel’s Proposed Amendment projects authorized by the sanggunian concerned, without need of approval or attestation by the Civil Service Commission: Provided, further, That the period of employment of emergency or casual laborers as provided in this Section shall not exceed six (6) months. SEC. 80. Public Notice of Vacancy; Personnel Selection Board. – (a) XXX (b) XXX (c) XXX

Codal Provision

projects authorized by the sanggunian concerned, without need of approval or attestation by the Civil Service Commission: Provided, further, That the period of employment of emergency or casual laborers as provided in this Section shall not exceed six (6) months.

SEC. 80. Public Notice of Vacancy; Personnel Selection Board. – (a) XXX (b) XXX (c) XXX

SEC. 80. Public Notice of Vacancy; Personnel Selection Board. – (a) XXX (b) There shall be established in every province, XXX…as would contribute to employee welfare. The legislature of the respective local government unit shall have its own personnel selection board with the same functions as above. (c) XXX (d) Any appointment to a permanent or temporary position made by the LCE shall be made with the endorsement of the personnel selection board.

ULAP’s Proposed Amendment

Issues and Critical Actions in Local Governance

SEC. 96. Permission to Leave Station. – (a) Provincial, city, municipal, and barangay appointive officials going on official travel, shall apply and secure written permission from their respective local chief executives before departure. Members of the local legislature at all levels shall apply and secure written permission from their respective Presiding Officers before departure.

SEC. 96. Permission to Leave Station.– (a) Provincial, city, municipal, and barangay appointive officials going on official travel, shall apply and secure written permission from their respective local chief executives before departure. The application shall specify the reasons for such travel, and the permission shall be given or withed based on considerations of public interest, financial capability of the local government unit concerned and urgency of the travel.

SEC. 96. Permission to Leave Station. – (a) Provincial, city, municipal, and barangay appointive officials going on official travel, shall apply and secure written permission from their respective local chief executives before departure. The application shall specify the reasons for such travel, and the permission shall be given or withed based on considerations of public interest, financial capability of the local government unit concerned and urgency of the travel.

It is proposed that there should be an expressed provision in the Local Government Code to the effect that during the temporary absence of the Vice- Governor, the highest ranking Provincial, City, Municipal legislature for the province,

AUTOMATIC DESIGNATION OF THE SENIOR PROVINCIAL CITY AND MUNICIPAL LEGISLATURE

ULAP’s Proposed Amendment

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LOCAL SCHOOL BOARDS SEC. 98. Creation, Composition, and Compensation. - (a) There shall be established in every province, city, or municipality a provincial, city, or municipal school board, respectively. (b) The composition of local school boards shall be as follows: (1) The provincial school board shall be composed of the provincial governor as chairperson and the Vice-Governor and the division superintendent of schools as covice Chair ; XXX

SEC. 98. Creation, Composition, and Compensation. - (a) There shall be established in every province, city, or municipality a provincial, city, or municipal school board, respectively. (b) The composition of local school boards shall be as follows: (1) The provincial school board shall be composed of the governor and the division superintendent of schools as co-chairman; XXX

SEC. 98. Creation, Composition, and Compensation. - (a) There shall be established in every province, city, or municipality a provincial, city, or municipal school board, respectively.

(b) The composition of local school boards shall be as follows:

(1) The provincial school board shall be composed of the governor and the division superintendent of schools as cochairman; XXX

[Move to Section 46 (a), (b), - Temporary Vacancy in the Office of the Local Chief Executive and the Vice-Governor and Vice- Mayor (based on Section 44)]

city and municipality shall be automatically become acting Vice Governor or Vice Mayor. (PBMLP)

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

LOCAL SCHOOL BOARDS

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment

LOCAL SCHOOL BOARDS

Codal Provision

Issues and Critical Actions in Local Governance (3) The municipal school board shall be composed of the municipal mayor and the district supervisor of schools as co-chairmen;

SEC. 99. Functions of Local School Boards. - The provincial, city or municipal school board

(3) The municipal school board shall be composed of the municipal mayor and the district supervisor of schools as co- chairmen;

SEC. 99. Functions of Local School Boards. - The provincial, city or municipal school board shall:

(b) Determine, in accordance with the criteria set by the Department of Education, Culture and Sports, the

shall:

(2) The city school board shall be composed of the city mayor and the city superintendent of schools as co- chairmen; XXX

(a) Determine, in accordance with the criteria set by the Department of Education, Culture and Sports, the annual supplementary budgetary needs

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment

Codal Provision

(a) Determine the annual budget of the school board in coordination with the concerned DepEd. The annual and supplements budget shall be equitably allocated among all school districts in all LGUs concerned.

SEC. 99. Functions of Local School Boards. - The provincial, city or municipal school board shall:

(3) The municipal school board shall be composed of the municipal mayor as chairperson and the Vice-Mayor and the district supervisor of schools as covice Chair; XXX

(2) The city school board shall be composed of the city mayor as chairperson and the Vice-Mayor and the city superintendent of schools as co-vice Chair; XXX

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Annex B

The Department of Education, Culture and Sports shall consult the local school board on the appointment of division superintendents, district supervisors, school principals, and other school officials.

for the operation and maintenance of public schools within the province, city, or municipality, as the case may be, and the supplementary local cost of meeting such as needs, which shall be reflected in the form of an annual school board budget corresponding to its share of the proceeds of the special levy on real property constituting the Special Education Fund and such other sources of revenue as this Code and other laws or ordinances may provide;

Codal Provision

annual supplementary budgetary needs for the operation and maintenance of public schools within the province, city, or municipality, as the case may be, and the supplementary local cost of meeting such as needs, which shall be reflected in the form of an annual school board budget corresponding to its share of the proceeds of the special levy on real property constituting the Special Education Fund and such other sources of revenue as this Code and other laws or ordinances may provide;

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment

1) provide funds for the acquisition of school sites, school buildings, equipment, vehicles, books, and learning materials, and the like; 2) provide funds for scholarships and allowances with priority to poor and deserving students; 3) may grant non-taxable monthly augmentation allowances; and 4) provide funds for necessary personnel services to include academic and non- academic personnel.

(b) XXX (c) XXX (d) XXX (e) Local School Boards may have the following additional functions:

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

Issues and Critical Actions in Local Governance

Codal Provision

Pimentel’s Proposed Amendment

(c) Review of local school board annual budget – within ten (10) days after its enactment, the local school boards shall furnish copies of the budget to the provincial legislature, city legislature, municipal legislature concerned for review and approval: If the provincial

(a) The local school board shall be subjected to review by the Local Legislature.

SEC. 100. Review of Local School Board Budget

NEW SECTION

The appointment of the division superintendents, district supervisors, and school principals shall be taken from a list of three recommendees by the respective local school board, and no such appointment shall be valid without confirmation from the same.

ULAP’s Proposed Amendment

Annex B

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment

SEC. 101. Compensation and Remuneration.- The co-chairmen and members of the provincial, city or municipal school board shall perform their duties as such without compensation or remuneration. Members thereof who are not government officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds of the local school board concerned, subject to existing accounting and auditing rules and regulations.

Codal Provision

SEC. 101. Compensation and Remuneration. - The co-chairmen and members of the provincial, city or municipal school board shall perform their duties as such without compensation or remuneration. Members thereof who are not government officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds of the local school board concerned, subject to existing accounting and auditing rules and regulations.

THE LEGISLATIVE LEAGUES SUGGEST THAT WE GIVE HONORARIUM TO THE MEMBERS OF THE LSB. FOR NEB CONSIDERATION

legislature, municipal legislature, city legislature, municipal legislature as the case may be fails to tale action on the local school board budget within thirty (30) days from the set thereof, the same shall be deemed approved. (For NEB consideration) (d) (2) Establishment and maintenance of extension classes where necessary, provide for the hiring of additional teachers at all levels; and

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

Issues and Critical Actions in Local Governance

SEC. 102. Creation and Composition. (a) There shall be established a local health board in every province, city, or municipality. The composition of the local health boards shall be as follows:

SEC. 102. Creation and Composition. - (a) There shall be established a local health board in every province, city, or municipality. The composition of the local health boards shall be as follows: (1) The provincial health board shall be headed by the governor as chairman, the provincial health officer as vice-chairman, and the chairman of the committee on health of the sangguniang panlalawigan, a representative from the private sector or nongovernmental organizations involved in health services, and a representative of the Department of Health in the province, as members;

SEC. 107. Composition of Local Development Councils. - The composition of the local development council shall be as follows:

SEC. 102. Creation and Composition. - (a) There shall be established a local health board in every province, city, or municipality. The composition of the local health boards shall be as follows:

(1) The provincial health board shall be headed by the governor as chairman, the provincial health officer as vicechairman, and the chairman of the committee on health of the sangguniang panlalawigan, a representative from the private sector or non-governmental organizations involved in health services, and a representative of the Department of Health in the province, as members;

SEC. 107. Composition of Local Development Councils. - The composition of the local development council shall be as follows:

(1) The provincial health board shall be headed by the governor as chairman, the provincial health officer as vice-chairman, and the chairman of the committee on health of the Provincial Legislature, a representative from the private sector or nongovernmental organizations involved in health services, and a representative of the Department of Health in the province, as members;

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

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Annex B

(a) The barangay development council shall be chaired by the punong barangay and shall be composed of the following members: XXX (b) The city or municipal development council shall be chaired by the mayor and the vice mayor as vice chair, and shall be composed of the following members: (c) The provincial development council shall be chaired by the governor and the vice governor as vice chair, and shall be composed of the following members:

(a) The barangay development council shall be headed by the punong barangay and shall be composed of the following members: XXX (b) The city or municipal development council shall be headed by the mayor and shall be composed of the following members: (c) The provincial development council shall be headed by the governor and shall be composed of the following members: (d) The local development councils may call upon any local official concerned or any official of national agencies or offices in the local government unit to assist in the formulation of their respective development plans and public investment programs.

(a) The barangay development council shall be headed by the punong barangay and shall be composed of the following members: XXX

(b) The city or municipal development council shall be headed by the mayor and shall be composed of the following members:

d) The local development councils may call upon any local official concerned or any official of national agencies or offices in the local government unit to assist in the formulation of their respective development plans and public investment programs.

(5) Provincial president of the Vice Mayorsâ&#x20AC;&#x2122; League (VMLP) to include the committee on infrastructure and planning in all levels of legislature except the barangays. (NEW)

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SEC. 108. Representation of Non- governmental Organizations. - Within a period of sixty (60) days from the start of organization of local development councils, the non-governmental organizations shall choose from among themselves their representatives to said councils. The local sanggunian concerned shall accredit nongovernmental organizations subject to such criteria as may be provided by law.

Codal Provision

SEC. 108. Representation of Non- governmental Organizations. - Within a period of sixty (60) days from the start of organization of local development councils, the nongovernmental organizations shall choose from among themselves their representatives to said councils. The local sanggunian concerned shall accredit non-governmental organizations subject to such criteria as may be provided by law.

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment

SEC. 108. Representation of Non- governmental Organizations. - Within a period of sixty (60) days from the start of organization of local development councils, LGU accredited non-governmental organizations shall choose from LDC representatives through their respective federations or associations, if any.

(e) The local development councils (LDCs) shall be composed of only 20 barangay representatives plus one representative for every 20 barangays, in cities or municipalities with more than 20 barangays.

(d) XXX

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SEC. 116. Organization.- There is hereby established in every province, city and municipality a local peace and order council, pursuant to Executive Order Numbered Three hundred nine (E.O. No. 309), as amended, Series of 1988. The local peace and order councils shall have the same composition and functions as those prescribed by said executive order. Accredited NGOs/POs are allowed to send no more than two representatives to the local peace, law and order council.

SEC. 116. Organization. - There is hereby established in every province, city and municipality a local peace and order council, pursuant to Executive Order Numbered Three hundred nine (E.O. No. 309), as amended, Series of 1988. The local peace and order councils shall have the same composition and functions as those prescribed by said executive order.

ORDER

LOCAL PEACE COUNCIL

LOCAL PEACE AND ORDER COUNCIL

AND

SEC. 110. Meetings and Quorum. The local development council shall meet at least four (4) times a year

SEC. 110. Meetings and Quorum. - The local development council shall meet at least once every six (6) months or as often as may be necessary.

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SEC. 118. Jurisdictional Responsibility for Settlement of Boundary Dispute. – For the LGUs concerned in the boundary disputes to file the necessary court proceedings before the appropriate regular courts after the failure of the legislature concerned to settle the disputes amicably within 60 days based on it certification for that purpose. SEC. 130. Fundamental Principles. The following fundamental principles shall govern the exercise of the taxing and other revenue-raising powers of local government units: (a) XXX (b) XXX

SEC. 118. Jurisdictional Responsibility for Settlement of Boundary Dispute. - Boundary disputes between and among local government units shall, as much as possible, be settled amicably. To this end: …XXX

SEC. 130. Fundamental Principles. - The following fundamental principles shall govern the exercise of the taxing and other revenue- raising powers of local government units: (a) XXX (b) XXX (c) The collection of local taxes, fees, charges and other impositions shall not be left to any private person in its behalf.

SEC. 130. Fundamental Principles. - The following fundamental principles shall govern the exercise of the taxing and other revenue-raising powers of local government units:

(a) XXX (b) XXX (c) The collection of local taxes, fees, charges and other impositions shall not be left to any private person in its behalf.

Chapter 1. – Settlement of Boundary Disputes

ULAP’s Proposed Amendment

Chapter 1. – Settlement of Boundary Disputes

Pimentel’s Proposed Amendment

Chapter 1. – Settlement of Boundary Disputes

Codal Provision

Annex B

(c) The collection of local taxes, fees, charges and other impositions shall in no case be left to any private except in accordance with the BuildOperate-Transfer Law and if so authorized by said LGU in its behalf.

Except in accordance with the Build-Operate- Transfer Law H.B. No. 758 – AN ACT INCREASING THE AMOUNT OF SUPPLIES WHICH MAY BE PROCURED BY LOCAL GOVERNMENT UNITS THROUGH PERSONAL CANVASS, THEREBY AMENDING FOR THE PURPOSE SECTION 367 OF REPUBLIC ACT NO. 7160 – Introduced by Reps. Cynthia A. Villar and Vincent Garcia Note: Transmitted to the Senate on April 24,2002 Approved on Third Reading on April 23,2002 SEC. 133. Common Limitations on the Taxing Powers of Local Government Units.

Except in accordance with the Build-Operate- Transfer Law

H.B. No. 758 – AN ACT INCREASING THE AMOUNT OF SUPPLIES WHICH MAY BE PROCURED BY LOCAL GOVERNMENT UNITS THROUGH PERSONAL CANVASS, THEREBY AMENDING FOR THE PURPOSE SECTION 367 OF REPUBLIC ACT NO. 7160 – Introduced by Reps. Cynthia A. Villar and Vincent Garcia

Note:

Transmitted to the Senate on April 24,2002

Approved on Third Reading on April 23,2002

SEC. 133. Common Limitations on the Taxing Powers of Local Government Units.

(d) The imposition and collection of franchise fees of vessels with tonnage

SEC. 133. Common Limitations on the Taxing Powers of Local Government Units.

ULAP’s Proposed Amendment

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Codal Provision

Issues and Critical Actions in Local Governance

of below five tons shall be carried out by the cities and municipalities.

(d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and all other kinds of customs fees, charges and dues except wharfage on wharves constructed and maintained by the local government unit concerned; (l) Taxes, fees or charges for the registration of motor vehicles and for the issuance of all kinds of licenses or permits for the driving thereof, except tricycles; (o) Taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities, and local government units.

(l) Taxes, fees or charges for the registration of motor vehicles and for the issuance of all kinds of licenses or permits for the driving thereof, except tricycles;

o) Taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities, and local government units.

(o) LGUS shall impose taxes on quasipublic corporation, government banks, financing and investments institutions,

The LGUs may allow the private sector to collect local taxes fees and charges and other impositions on its behalf.

(l) The LGU shall have a share in the collection of franchise fees of public utility vehicles operating within its jurisdiction. The LGU shall have the power to issue franchise and collect franchise fees of public utility vehicles exclusively operating within its jurisdiction subject to implementing rules and regulation to be issued by the local legislature through appropriate ordinance taking into consideration maximum holding and carrying capacity of existing infrastructure.

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SEC. 137. Franchise Tax. - Notwithstanding any exemption granted by any law or other special law, the province may impose a tax on businesses enjoying a franchise, at the rate not exceeding fifty percent (50%) of one percent (1%) of the gross annual

Codal Provision

SEC. 137. Franchise Tax. – The city shall have the power to levy franchise tax of any business enjoying a franchise granted by Congress, a national government agency or LGU, including power generation, transmission and

Note: This will reduce the NRS share of other LGUs (Subject for further discussion)

Giving LGUs the power to impose excise taxes on articles enumerated in the national Revenue Code (e.g. cigarettes) except petroleum. (For NEB consideration)

(p) NEW SECTION (for revision into appropriate language)

gambling and gaming enterprises operated by the central government or its agents or instrumentalities, etc., which have been given permits by the LGU;

ULAP’s Proposed Amendment

Issues and Critical Actions in Local Governance

SEC. 152. Scope of Taxing Powers– XXX (a) Taxes - On stores or retailers with fixed business establishments with gross sales of receipts of the preceding calendar year of Fifty thousand pesos (P50,000.00) or less, in the case of cities and Thirty thousand pesos (P30,000.00) or less, in the case of municipalities, at a rate not exceeding one percent (1%) on such gross sales or receipts. SEC. 157. Individuals Liable to Community Tax.- Every inhabitant of the Philippines eighteen (18) years of age or over who has been regularly employed on a wage or salary basis for

SEC. 152. Scope of Taxing Powers – XXX (a) Taxes - On stores or retailers with fixed business establishments with gross sales of receipts of the preceding calendar year of Fifty thousand pesos (P50,000.00) or less, in the case of cities and Thirty thousand pesos (P30,000.00) or less, in the case of municipalities, at a rate not exceeding one percent (1%) on such gross sales or receipts. SEC. 157. Individuals Liable to Community Tax. - Every inhabitant of the Philippines eighteen (18) years of age or over who has been regularly employed on a wage or salary basis for at least

SEC. 152. Scope of Taxing Powers. – XXX

(a) Taxes - On stores or retailers with fixed business establishments with gross sales of receipts of the preceding calendar year of Fifty thousand pesos (P50,000.00) or less, in the case of cities and Thirty thousand pesos (P30,000.00) or less, in the case of municipalities, at a rate not exceeding one percent (1%) on such gross sales or receipts.

SEC. 157. Individuals Liable to Community Tax. - Every inhabitant of the Philippines eighteen (18) years of age or over who has been regularly employed on a wage or salary basis for at least thirty (30)

(Reiteration of Section 151, proposed to be deleted)

distribution, telecommunications, ice plants, and storage facilities, legal gambling or gaing activities, and the like NOT otherwise tax by the province.

receipts for the preceding calendar year based on the incoming receipt, or realized, within its territorial jurisdiction.

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ULAPâ&#x20AC;&#x2122;s Proposed Amendment at least thirty (30) consecutive working days during any calendar year, or who is engaged in business or occupation, or who owns real property with an aggregate assessed value of One thousand pesos (P1,000.00) or more, or who is required by law to file an income tax return shall pay an annual additional tax of Five pesos (P5.00) and an annual additional tax of One peso (P1.00) for every One thousand pesos (P1,000.00) of income regardless of whether from business, exercise of profession or from property which in no case shall exceed Five thousand pesos (P5,000.00). SEC. 193. Withdrawal of Tax Exemption Privileges. - Unless otherwise provided in this Code, tax exemptions or incentives granted to, or presently enjoyed by all persons, whether natural or juridical, including government-owned or controlled corporations, except local water districts, cooperatives duly registered under R.A. No. 6938, non-stock

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment thirty (30) consecutive working days during any calendar year, or who is engaged in business or occupation, or who owns real property with an aggregate assessed value of One thousand pesos (P1,000.00) or more, or who is required by law to file an income tax return shall pay an annual additional tax of Five pesos (P5.00) and an annual additional tax of One peso (P1.00) for every One thousand pesos (P1,000.00) of income regardless of whether from business, exercise of profession or from property which in no case shall exceed Five thousand pesos (P5,000.00). SEC. 193. Withdrawal of Tax Exemption Privileges. - Unless otherwise provided in this Code, tax exemptions or incentives granted to, or presently enjoyed by all persons, whether natural or juridical, including government- owned or controlled corporations, except local water districts, cooperatives duly registered under R.A. No. 6938, non-stock and non-profit hos

Codal Provision

consecutive working days during any calendar year, or who is engaged in business or occupation, or who owns real property with an aggregate assessed value of One thousand pesos (P1,000.00) or more, or who is required by law to file an income tax return shall pay an annual additional tax of Five pesos (P5.00) and an annual additional tax of One peso (P1.00) for every One thousand pesos (P1,000.00) of income regardless of whether from business, exercise of profession or from property which in no case shall exceed Five thousand pesos (P5,000.00).

SEC. 193. Withdrawal of Tax Exemption Privileges. - Unless otherwise provided in this Code, tax exemptions or incentives granted to, or presently enjoyed by all persons, whether natural or juridical, including government-owned or controlled corporations, except local water districts, cooperatives duly registered under R.A. No. 6938, non-stock and non-profit hos

Issues and Critical Actions in Local Governance

SEC. 218. Assessment Levels. – XXX SEC. 219. General Revision of Assessment and Property Classification. - The provincial, city or municipal assessor shall undertake a general revision of real property assessments within two (2) years after the effectivity of this Code and every three (3) years thereafter. SEC. 272. Application of Proceeds of the Additional One Percent SEF Tax. H.B. No. 456 – AN ACT EXPANDING THE PURPOSES AND APPLICATION OF THE SPECIAL EDUCATION FUND (SEF), AMENDING FOR THE PURPOSE

SEC. 218. Assessment Levels. – XXX

SEC. 219. General Revision of Assessment and Property Classification. - The provincial, city or municipal assessor shall undertake a general revision of real property assessments within two (2) years after the effectivity of this Code and every three (3) years thereafter.

SEC. 272. Application of Proceeds of the Additional One Percent SEF Tax.

H.B. No. 456 – AN ACT EXPANDING THE PURPOSES AND APPLICATION OF THE SPECIAL EDUCATION FUND (SEF), AMENDING FOR THE PURPOSE SECTION

and non-profit hospitals and educational institutions, are hereby withdrawn upon the effectivity of this Code.

pitals and educational institutions, are hereby withdrawn upon the effectivity of this Code.

ULAP’s Proposed Amendment

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Annex B

Pimentel’s Proposed Amendment 272 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, AND FOR OTHER PURPOSES – Introduced by Rep. Antonio Eduardo Nachura Note: Transmitted to the Senate on April 24, 2002 Approved on Third Reading on April 23, 2002 (for NEB consideration)

SEC. 284. Allotment of Internal Revenue Taxes. - Local government units shall have a share in the national internal revenue taxes based on the collection of the third fiscal year preceding the current fiscal year as follows: XXX

Codal Provision

272 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, AND FOR OTHER PURPOSES – Introduced by Rep. Antonio Eduardo Nachura

Note:

Transmitted to the Senate on April 24, 2002

Approved on Third Reading on April 23, 2002 (for NEB consideration)

SEC. 284. Allotment of Internal Revenue Taxes. - - Local government units shall have a share in the national internal revenue taxes based on the collection of the third fiscal year preceding the current fiscal year as follows: XXX

Approved on Third Reading on April 23, 2002 (for NEB consideration)

Transmitted to the Senate on April 24, 2002

Note:

SECTION 272 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, AND FOR OTHER PURPOSES – Introduced by Rep. Antonio Eduardo Nachura

ULAP’s Proposed Amendment

100 Issues and Critical Actions in Local Governance SEC. 285. Allocation to Local Government Units. - The share of local government units in the internal revenue allotment shall be collected in the following manner: SEC. 287. Local Development Projects. appropriate in its annual budget no less than twenty percent (20%) of its annual internal revenue allotment for development projects. Copies of the development plans of local government units shall be furnished the Department of Interior and Local Government.

SEC. 285. Allocation to Local Government Units. - The share of local government units in the internal revenue allotment shall be collected in the following manner: SEC. 287. Local Development Projects. - Each local government unit shall appropriate in its annual budget no less than twenty percent (20%) of its annual internal revenue allotment for development projects. Copies of the development plans of local government units shall be furnished the Department of Interior and Local Government.

SEC. 285. Allocation to Local Government Units. - The share of local government units in the internal revenue allotment shall be collected in the following manner:

SEC. 287. Local Development Projects. - Each local government unit shall appropriate in its annual budget no less than twenty percent (20%) of its annual internal revenue allotment for development projects. Copies of the development plans of local government units shall be furnished the Department of Interior and Local Government.

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SEC. 291. Share of the Local Governments from any Government Agency or Owned or Controlled Corporation.– XXX

SEC. 297. Loans, Credits, and Other Forms of Indebtedness of Local Government Units. – (g) A local government unit may contract…XXX (h) XXX (i) XXX

SEC. 291. Share of the Local Governments from any Government Agency or Owned or Controlled Corporation. – XXX (b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or fines the government agency or government owned or controlled corporation would have paid if it were not otherwise exempt.

SEC. 297. Loans, Credits, and Other Forms of Indebtedness of Local Government Units. – (d) A local government unit may contract… XXX (e) XXX (f) XXX

SEC. 291. Share of the Local Governments from any Government Agency or Owned or Controlled Corporation. – XXX

(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or fines the government agency or government owned or controlled corporation would have paid if it were not otherwise exempt.

SEC. 297. Loans, Credits, and Other Forms of Indebtedness of Local Government Units. –

(a) A local government unit may contract… XXX (b) XXX (c) XXX

ULAP’s Proposed Amendment

Pimentel’s Proposed Amendment

Codal Provision

102 Issues and Critical Actions in Local Governance Section 299. Bonds and Other LongTerm Securities. of the Central Bank and the Securities and Exchange Commission, provinces, cities, and municipalities are hereby authorized to issue bonds, debentures, securities, collaterals, notes and other obligations…XXX SEC. 302. Financing, Construction, Maintenance, Operation, and Management of Infrastructure Projects by the Private Sector. (a) Local government units may enter into contracts with any duly prequalified individual contractor, for the financing, construction, operation… XXX SEC. 311. Depository Accounts.- Local treasurers shall maintain depository accounts in the name of their respective local government units with

Section 299. Bonds and Other Long-Term Securities. - Subject to the rules and regulations of the Central Bank and the Securities and Exchange Commission, provinces, cities, and municipalities are hereby authorized to issue bonds, debentures, securities, collaterals, notes and other obligations…XXX SEC. 302. Financing, Construction, Maintenance, Operation, and Management of Infrastructure Projects by the Private Sector. (a) Local government units may enter into contracts with any duly prequalified individual contractor, for the financing, construction, operation…XXX

SEC. 311. Depository Accounts. - Local treasurers shall maintain depository accounts in the name of their respective local government units with banks,

SEC. 302. Financing, Construction, Maintenance, Operation, and Management of Infrastructure Projects by the Private Sector. -

(a) Local government units may enter into contracts with any duly prequalified individual contractor, for the financing, construction, operation…XXX

SEC. 311. Depository Accounts. - Local treasurers shall maintain depository accounts in the name of their respective local government units with banks, preferably

ULAP’s Proposed Amendment

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banks, preferably government-owned, located in or nearest to their respective areas of jurisdiction. Earnings of each depository account shall accrue exclusively thereto.

Note : Transmitted to the Senate on March 7, 2002

preferably government-owned, located in or nearest to their respective areas of jurisdiction. Earnings of each depository account shall accrue exclusively thereto. H.B. No. 756 – AN ACT PROVIDING FOR GREATER FISCAL AUTONOMY IN FAVOR OF LOCAL GOVERNMENT UNITS (LGUs) IN THE CHOICE OF DEPOSITORY BANKS, AMENDING SECTION 311 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 – Introduced by Reps. Cynthia A. Villar and Prospero A. Pichay, Jr. Note : Transmitted to the Senate on March 7, 2002 Approved on Third Reading on March 6, 2002

government-owned, located in or nearest to their respective areas of jurisdiction. Earnings of each depository account shall accrue exclusively thereto.

H.B. No. 756 – AN ACT PROVIDING FOR GREATER FISCAL AUTONOMY IN FAVOR OF LOCAL GOVERNMENT UNITS (LGUs) IN THE CHOICE OF DEPOSITORY BANKS, AMENDING SECTION 311 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 – Introduced by Reps. Cynthia A. Villar and Prospero A. Pichay, Jr.

Note :

Transmitted to the Senate on March 7, 2002

Approved on Third Reading on March 6, 2002

ULAP’s Proposed Amendment

Pimentel’s Proposed Amendment

Codal Provision

104 Issues and Critical Actions in Local Governance SEC. 329. Barangay Funds. - Unless otherwise provided in this Title, all the income of the barangay from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in a bank, preferably government-owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Title. Ten percent (10%) of the general fund of the barangay shall be set aside for the sangguniang kabataan. SEC. 339. Cash Advances.- No cash advance shall be granted to any local official or employee, elective or appointive, unless made in accordance with the rules and regulations as the Commission on Audit may prescribe.

SEC. 329. Barangay Funds. - Unless otherwise provided in this Title, all the income of the barangay from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in a bank, preferably government-owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Title. Ten percent (10%) of the general fund of the barangay shall be set aside for the sangguniang kabataan.

SEC. 339. Cash Advances.- No cash advance shall be granted to any local official or employee, elective or appointive, unless made in accordance with the rules and regulations as the Commission on Audit may prescribe. SEC. 367. Procurement through Personal Canvass. - Upon approval by the Committee on Awards, procurement……XXX

SEC. 329. Barangay Funds. - Unless otherwise provided in this Title, all the income of the barangay from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in a bank, preferably government- owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Title. Ten percent (10%) of the general fund of the barangay shall be set aside for the sangguniang kabataan.

SEC. 367. Procurement through Personal Canvass. - Upon approval by the Committee on Awards, procurement……XXX

SEC. 367. Procurement through Personal Canvass. - Upon approval by the Committee on Awards, procurement…… XXX

ULAP’s Proposed Amendment

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SEC. 386. Requisites for Creation. – (a) XXX (b) XXX (c) XXX SANGGUNIANG KABATAAN SEC. 423. Creation and Election.

SEC. 386. Requisites for Creation. – (a) XXX (b) XXX (c) XXX SANGGUNIANG KABATAAN SEC. 423. Creation and Election. (b) A sangguniang kabataan official who, during his term of office, shall have passed the age of twenty-one (21) years shall be allowed to serve the remaining portion of the term for which he was elected. SEC. 424. Katipunan ng Kabataan. - The katipunan ng kabataan shall be composed of all citizens of the Philippines actually residing in the barangay for at least six (6) months, who are fifteen (15) but not more than twenty-one (21) years of age,

SEC. 386. Requisites for Creation. – (a) XXX (b) XXX (c) XXX

SANGGUNIANG KABATAAN

SEC. 423. Creation and Election.

(b) A sangguniang kabataan official who, during his term of office, shall have passed the age of twenty-one (21) years shall be allowed to serve the remaining portion of the term for which he was elected.

SEC. 424. Katipunan ng Kabataan. The katipunan ng kabataan shall be composed of all citizens of the Philippines actually residing in the barangay for at least six (6) months, who are fifteen (15) but not more than twenty-one (21) years

SEC. 424. Katipunan ng Kabataan. - The katipunan ng kabataan shall be composed of all citizens of the Philippines actually residing in the barangay for at least six (6) months, who are fifteen (15) but not more than

(b) Barangay purchases shall not exceed the amounts specified hereunder for all items in any one month for each barangay:

ULAP’s Proposed Amendment

Pimentel’s Proposed Amendment

Codal Provision

106 Issues and Critical Actions in Local Governance SEC. 428. Qualifications. - An elective official of the sangguniang kabataan must be a citizen of the Philippines, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but not more than twenty- one (21) years of age on the day of his election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude.

SEC. 428. Qualifications. - An elective official of the sangguniang kabataan must be a citizen of the Philippines, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but not more than twenty- one (21) years of age on the day of his election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude.

SEC. 433. Sangguniang Kabataan Treasurer. - The sangguniang kabataan treasurer shall:

twenty-one (21) years of age, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary.

and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary.

of age, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary.

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ULAPâ&#x20AC;&#x2122;s Proposed Amendment (a) Take custody of all sangguniang kabataan property and funds not otherwise deposited with the city or municipal treasurer; (b) XXX (c) XXX (d) XXX (e) Submit to the sangguniang kabataan and to the sangguniang barangay certified and detailed statements of actual income and expenditures at the end of every month; and (f) XXX

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment (a) Take custody of all sangguniang kabataan property and funds not otherwise deposited with the city or municipal treasurer; (b) XXX (c) XXX (d) XXX (e) Submit to the sangguniang kabataan and to the sangguniang barangay certified and detailed statements of actual income and expenditures at the end of every month; and (f) XXX

Codal Provision

(a) Take custody of all sangguniang kabataan property and funds not otherwise deposited with the city or municipal treasurer; (b) XXX (c) XXX (d) XXX (e) Submit to the sangguniang kabataan and to the sangguniang barangay certified and detailed statements of actual income and expenditures at the end of every month; and (f) XXX

108 Issues and Critical Actions in Local Governance ULAPâ&#x20AC;&#x2122;s Proposed Amendment SEC. 434. Privileges of Sangguniang Kabataan Officials. - The sangguniang kabataan chairman shall have the same privileges enjoyed by other sangguniang barangay officials under this Code subject to such requirements and limitations provided herein. During their incumbency, sangguniang kabataan officials shall be exempt from payment of tuition and matriculation fees while enrolled in public tertiary schools, including state colleges and universities. The national government shall reimburse said college or university the amount of the tuition and matriculation fees: Provided, That, to qualify for the privilege, the said officials shall enroll in a state college or university within or nearest their area of jurisdiction. Section 436. Pederasyon ng mga Kabataan. (a) XXX (b) XXX (c) XXX

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment SEC. 434. Privileges of Sangguniang Kabataan Officials. - The sangguniang kabataan chairman shall have the same privileges enjoyed by other sangguniang barangay officials under this Code subject to such requirements and limitations provided herein. During their incumbency, sangguniang kabataan officials shall be exempt from payment of tuition and matriculation fees while enrolled in public tertiary schools, including state colleges and universities. The national government shall reimburse said college or university the amount of the tuition and matriculation fees: Provided, That, to qualify for the privilege, the said officials shall enroll in a state college or university within or nearest their area of jurisdiction.

Section 436. Pederasyon ng mga Kabataan. (a) XXX (b) XXX (c) XXX

Codal Provision

SEC. 434. Privileges of Sangguniang Kabataan Officials. - The sangguniang kabataan chairman shall have the same privileges enjoyed by other sangguniang barangay officials under this Code subject to such requirements and limitations provided herein. During their incumbency, sangguniang kabataan officials shall be exempt from payment of tuition and matriculation fees while enrolled in public tertiary schools, including state colleges and universities. The national government shall reimburse said college or university the amount of the tuition and matriculation fees: Provided, That, to qualify for the privilege, the said officials shall enroll in a state college or university within or nearest their area of jurisdiction.

Section 436. Pederasyon ng mga Kabataan.

(a) XXX (b) XXX (c) XXX

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(g) XXX (h) XXX (i) XXX SEC. 439. Observance of Linggo ng Kabataan. (a) Every barangay, municipality, city and province shall, in coordination with the pederasyon ng mga sangguniang kabataan at all levels, conduct

Section 438. Membership in the Sanggunian. (d) XXX (e) XXX (f) XXX SEC. 439. Observance of Linggo ng Kabataan. (a) Every barangay, municipality, city and province shall, in coordination with the pederasyon ng mga sangguniang kabataan at all levels, conduct an annual activity to be known as the Linggo ng Kabataan

Section 438. Membership in the Sanggunian.

(a) XXX (b) XXX (c) XXX

SEC. 439. Observance of Linggo ng Kabataan. -

(a) Every barangay, municipality, city and province shall, in coordination with the pederasyon ng mga sangguniang kabataan at all levels, conduct an annual activity to be known as the Linggo ng Kabataan

Section 438. Membership in the Sanggunian.

SEC. 437. Constitution and By-Laws. The term of office, manner of election, removal and suspension of the officers of the pederasyon ng mga sangguniang kabataan at all levels shall be governed by the constitution and by-laws of the pederasyon in conformity with the provisions of this Code and national policies on youth.

SEC. 437. Constitution and By-Laws. The term of office, manner of election, removal and suspension of the officers of the pederasyon ng mga sangguniang kabataan at all levels shall be governed by the constitution and by- laws of the pederasyon in conformity with the provisions of this Code and national policies on youth.

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

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110 Issues and Critical Actions in Local Governance SEC. 447. Powers, Duties, Functions and Compensation. (a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds…XXX

TThe Authority of the Presiding Officer SEC. 445. Powers, Duties and Compensation. (a) The vice-mayor shall: (2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang bayan, except those whose manner of appointment is specifically provided in this Code; SEC. 447. Powers, Duties, Functions and Compensation. (a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds…XXX

The Authority of the Presiding Officer

SEC. 445. Powers, Duties and Compensation.

(a) The vice-mayor shall:

(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang bayan, except those whose manner of appointment is specifically provided in this Code;

SEC. 447. Powers, Duties, Functions and Compensation. -

(a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds…XXX

SEC. 445. Powers, Duties and Compensation. (a) The vice-mayor shall: (2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang bayan, except those whose manner of appointment is specifically provided in this Code;

The Authority of the Presiding Officer

an annual activity to be known as the Linggo ng Kabataan on such date as shall be determined by the Office of the President.

on such date as shall be determined by the Office of the President.

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SEC. 454. Officials of the City Government.

SEC. 456. Powers, Duties and Compensation… XXX (2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically

SEC. 454. Officials of the City Government. (a) There shall be in each city a mayor, a vice-mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, and a city general services officer.

SEC. 454. Officials of the City Government.

(a) There shall be in each city a mayor, a vice- mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, and a city general services officer.

SEC. 456. Powers, Duties and Compensation… XXX

(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided in this Code;

(a) There shall be in each city a mayor, a vice-mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, and a city general services officer.

ULAP’s Proposed Amendment

Pimentel’s Proposed Amendment

Codal Provision

112 Issues and Critical Actions in Local Governance SEC. 463. Officials of the Provincial Government. (a) There shall be in each province a governor, a vice-governor, members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian.

SEC. 463. Officials of the Provincial Government. (a) There shall be in each province a governor, a vice-governor, members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian.

Section 466. Powers, Duties, and Compensation. - (a) The vice-governor shall:

(a) There shall be in each province a governor, a vice-governor, members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian.

Section 466. Powers, Duties, and Compensation. - (a) The vice-governor shall:

provided in this Code;

SEC. 463. Officials of the Provincial Government.

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Pimentel’s Proposed Amendment Article Three – The Sangguniang Panlalawigan Section 467. Composition. - (a) The sangguniang panlalawigan, the legislative body of the province Section 468. Powers, Duties, Functions and Compensation. – (5) Exercise such other powers and perform such other…XXX TITLE V APPOINTED LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES AND PROVINCES

Codal Provision

Article Three – The Sangguniang Panlalawigan

Section 467. Composition. - (a) The sangguniang panlalawigan, the legislative body of the province

Section 468. Powers, Duties, Functions and Compensation. –

(5) Exercise such other powers and perform such other…XXX

TITLE V

APPOINTED LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES AND PROVINCES

TITLE V

(5) Exercise such other powers and perform such other…XXX

Section 468. Powers, Duties, Functions and Compensation. –

Section 467. Composition. - (a) The sangguniang panlalawigan, the legislative body of the province

Article Three – The Sangguniang Panlalawigan

ULAP’s Proposed Amendment

114 Issues and Critical Actions in Local Governance Section 469. Qualifications, Powers and Duties. - (a) There shall be a secretary to the sanggunian who shall be a career official with the rank and salary equal to a head of department or office.

Section 470. Appointment, Qualifications, Powers, and Duties. - - (a) The treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations.

Section 469. Qualifications, Powers and Duties. - (a) There shall be a secretary to the sanggunian who shall be a career official with the rank and salary equal to a head of department or office.

Section 470. Appointment, Qualifications, Powers, and Duties. - (a) The treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations.

ARTICLE I Secretary to the Sanggunian

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

ARTICLE I Secretary to the Sanggunian

Pimentelâ&#x20AC;&#x2122;s Proposed Amendment

ARTICLE I Secretary to the Sanggunian

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Pimentelâ&#x20AC;&#x2122;s Proposed Amendment Section 471. Assistant Treasurer. - (a) An assistant treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, subject to civil service law, rules and regulations.

Codal Provision

Section 471. Assistant Treasurer. - (a) An assistant treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, subject to civil service law, rules and regulations

ULAPâ&#x20AC;&#x2122;s Proposed Amendment

Annex C. Bills That Seek to Amend the Local Government Code of 1991 as Filed in the House of Representatives, July 2013 to February 2014 Bill Number

Bill Title

Principal Author

HB00027

An Act Strengthening And Reforming The Del Mar, Raul Sangguniang Kabataan Amending For That V. Purpose Certain Provisions Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991 And Republic Act No9340, Resetting The Barangay And Sk Elections

HB00044

An Act Restricting The Unneccessary Cre- Piamonte, ation/Conversion Of Local Government En- Mariano Jr. U. tities Amending For The Purpose Sections 450, 452, And 461 Of Republic Act No7160 Otherwise Known As The Local Government Code Of 1991 As Amended By Republic Act No. 9009

HB00046

An Act Designating Barangays As The Imple- Antoninomenting Agencies For Priority Development Nadres, MagPrograms And Projects Thereby Amend- nolia Rosa C. ing Republic Act Number 7160 Otherwise Known As The Local Government Code And For Other Purposes

HB00055

An Act Providing All Barangay Officials, In- Benitez, cluding Barangay Tanods, Members Of The Alfredo B. Lupon Ng Tagapamayapa, Barangay Health Workers And Barangay Day Care Workers, A Lump Sum Retirement Pay Equivalent To One (1) Year Honorarium, Amending For The Purpose Sect

HB00056

An Act Providing Incentives To Barangay Tanods And Appropriating Funds Therefor

116

Issues and Critical Actions in Local Governance

Benitez, Alfredo B.

Bill Number

Bill Title

Principal Author

HB00065

An Act Removing The Authority Of The Sang- Del Rosario, guniang Panlalawigan And Sangguniang Pan- Anthony G. glunsod To Create Barangays And Granting Internal Revenue Allotments To Barangays Created By Said Local Sanggunians, Amending For The Purpose Sections 6 And 285 Of Republic Act 7160

HB00090

An Act Establishing The Magna Carta For Bagatsing, Barangays Amado S.

HB00109

An Act To Reform And Strengthen The Sang- Bag-Ao, Kaka guniang Kabataan (SK), Amending For That J. Purpose Republic Act No7160, Otherwise Known As The Local Government Code Of The Philippines And For Other Purposes

HB00120

An Act To Exempt The Family Home From Aggabao, The Payment Of Real Property Tax Giorgidi B.

HB00129

An Act Separating From The Second Legisla- Abu, Raneo E. tive District Of The Province Of Batangas To Constitute The Lone Legislative District Of The City Of Batangas

HB00158

An Act Providing All Barangay Officials, In- Yap, Susan A. cluding Barangay Tanods, Members Of The Lupon Ng Tagapamayapa, Barangay Health Workers And Barangay Day Care Workers, A Lump Sum Retirement Pay Equivalent To One (1) Year Honorarium

HB00180

An Act Creating The Barangay Pension Fund Colmenares, To Provide Pension Benefits To All Barangay Neri Officials

HB00186

An Act Mandating Full Public Disclosure By Castelo, WinGovernors, City Mayors, Municipal Mayors, ston "WINTreasurers, Accountants, Budget Officers And NIE" Other Fund Accountable Officers Of The Local Budget And Finances Of The Local Government Unit Amending Thereby Section 352 Of Republic Act 7160

Annex C 117

Bill Number

Bill Title

Principal Author

HB00188

An Act Increasing The Term Of Office Of Castelo, Barangay Officials By Another Two Years Winston Thereby Making Five Year Their Term Of Office And For Other Purposes

HB00196

An Act Mandating Local Government Units Yap, Arthur To Earmark A Portion Of Their Internal Rev- Cua enue Allotment (IRA) For Free Medicines To Indigent Patients In Their Jurisdictions

HB00198

An Act Prescribing The Honoraria Or Al- Yap, Arthur lowances Of Barangay Officials At Minimum Cua Wage Levels, Amending For The Purpose Section 393 Paragraph (a) Of Republic Act No7610, As Amended, Otherwise Known As The Local Government Code Of 1991, And For Other Purpose

HB00229

An Act Authorizing Grant Of Compensation MacrohonIn The Form Of Additional Honorarium To Nuno, Lilia Barangay Health Workers

HB00232

An Act Exempting From The Population And Loyola, Roy The Land Area Requirements The Conversion M. Of A Municipality Into A Component City If It Has A Locally Generated Average Annual Income Of At Least Two Hundred Twenty Million Pesos (P220,000,000.00)

HB00233

An Act An Act Making The Appointment Of Loyola, Roy Cooperatives Officer Mandatory In All Prov- M. inces, Cities, And Municipalities Amending Section 487 (a) Of Republic Act No7160, As Amended, Otherwise Known As The Local Government Code Of 1991

HB00234

An Act Making The Appointment Of An En- Loyola, Roy vironment And Natural Resources Officer M. Mandatory In All Provinces, Cities And Municipalities, Amending Section 484 (a) Of Republic Act No7160 As Amended, Otherwise Known As "The Local Government Code Of 1991"

118

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB00313

An Act Providing Incentives To All Barangay MacapagalOfficials, Including Barangay Tanods And Arroyo, Gloria Members Of The Lupong Tagapamayapa, And Barangay Employees And For Other Purposes

HB00317

An Act Amending Certain Provisions Of Re- Macapagalpublic Act No. 7160 Entitled "THE Local Gov- Arroyo, Gloria ernment Code Of The Philippines" And For Other Purposes”

HB00318

An Act Strengthening Further The Organic MacapagalAct For The Autonomous Region In Muslim Arroyo, Gloria Mindanao, Amending For The Purpose Republic Act No9054 "AN Act To Strengthen And Expand Organic Act For The Autonomous Region In Muslim Mindanao, Amending For The Purpose

HB00325

An Act Amending Sections 284 And 393 Of Suarez, Aleta Republic Act No. 7160, Otherwise Known As C. "THE Local Government Code Of 1991"

HB00336

An Act Amending Republic Act No. 7883

HB00357

An Act Providing For Tax Exemption And Colmenares, Subsidies For The Local Music Industry And Neri Amending For This Purpose Certain Sections Of The Local Government Code Of 1991

HB00412

An Act Providing For Representation In All Yap, Arthur Levels Of Local Government For Senior Cit- Cua izens, Creating The Sangguniang Senior Citizens, The Katipunan Ng Senior Citizens, Providing For Their Powers And Functions, Amending For The Purpose Pertinent Sections Of Republic Act No. 7160, Otherwise Known As “THE Local Government Code Of 1991”

HB00420

An Act Making The Appointment To The Po- Yap, Arthur sitions Of Local Agriculturist, Environment Cua And Natural Resources Officer And Social Welfare And Development Officer, Mandatory In All Local Government Units, Amending For The Purpose Pertinent Section Of Republic Act No. 7160

Aragones, Sol

Annex C 119

Bill Number

Bill Title

Principal Author

HB00499

An Act Granting Travel Allowances To Baran- Biazon, Rogay Health Workers, Amending For The Pur- dolfo G. pose Republic Act No7883, Otherwise Known As 'THE Barangay Health Workers' Benefits And Incentives Act Of 1995,' And Providing Funds Therefor

HB00500

An Act Granting Franking Privileges To Sang- Biazon, Roguniang Barangays dolfo G.

HB00582

An Act Mandatorily Creating The Position Zamora, MaOf The Municipal General Services Officer, ria Carmen S. Amending For The Purpose Book Iii, Title Two, Chapter 2, Section 443(A) Of Republic Act No 7160, Otherwise Known As The Local Government Code Of 1991

HB00590

An Act Amending Section 393, Paragraph Belmonte, Jose (D) Of Republic Act Numbered 7160, Other- Christopher Y. wise Known As The Local Government Code Of 1991, Providing Funds Therefore And For Other Purposes

HB00613

An Act Amending Section 286 Of Republic Binay, MarAct No. 7160,Otherwise Known As The Local Len Abigail S. Government Code Of The Philippines, Providing For The Automatic Appropriation And Release Of The Internal Revenue Allotment Of Local Government Units

HB00614

An Act Expanding The Purposes And Appli- Binay, cation Of The Special Education Fund (SEF), Mar-Len AbiAmending For The Purpose Sections 100, 235 gail S. And 272 Of Republic Act 7160, Otherwise Known As The Local Government Code Of 1991

HB00674

An Act Amending Section 450 Of Republic Sarmiento, Act 7160 Otherwise Known As The Local Cesar V. Government Code Of 1991, As Amended By Republic Act No9009, By Exempting Capital Towns Of Provinces Without Cities From The Income Requirement Set Forth Therein And For Other Purposes

120

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB00681

An Act Removing The Internal Revenue Al- Arnaiz, lotment From The Metropolitan Manila De- George P. velopment Authority (MMDA), Amending For The Purpose Republic Act No7924, Entitled ˜An Act Creating The Metropolitan Manila Development Authority, Defining Its Powers And Functions”

HB00685

An Act Transferring The Jurisdiction For Fil- Arnaiz, ing Administrative Complaint Against Erring George P. Local Elective Official Of A Component City To The Sangguniang Panlalawigan Amending For The Purpose Section 61 Of Republic Act No7160 As Amended

HB00688

An Act Providing For The Direct Payment Arnaiz, To The Host Local Government Units Of Its George P. Forty Percent (40%) Share Of The Gross Tax Collection From The Utilization And Development Of National Wealth Within Its Territorial Jurisdiction

HB00712

An Act Creating A Special Metropolitan Po- Erice, Edgar R. litical Subdivision In The National Capital Region, To Be Called The 'METROPOLITAN Manila Regional Administration' (MMRA), Defining Its Structure Of Government, Enumerating Its Powers And Functions, Providing Funding Thereof

HB00730

An Act Changing The Term Of Office Of All Co, Barangay Officials From Three (3) Years To Christopher S. Five (5) Years And Providing A System For Recall, Amending For The Purpose Section 43 And Section 74, Respectively, Of Republic Act Numbered Seven Thousand One Hundred Sixty

HB00739

An Act Amending Title V, Section 40 (A), (8) Abayon, And Section 471 (A) Of Ra 7160, Otherwise Harlin C. Known As The Local Government Code Of 1991

HB00740

An Act Granting One Thousand (P1,000.00) Abayon, Pesos Monthly Allowance To All Barangay Harlin C. Tanods And Appropriating Funds Therefor

Annex C 121

Bill Number

Bill Title

Principal Author

HB00742

An Act Amending Section 13 Of Republic Act Abayon, 7160 Otherwise Known As The Local Gov- Harlin C. ernment Code Of 1991

HB00776

An Act Authorizing Local Government Units Cari, Jose And Public Officers To Secure The Services Of Carlo L. Special Or Private Counsels In Criminal, Civil And Special Proceedings Cases, Amending For This Purpose Section 481 Of Republic Act No7160, Otherwise Known As The Lo

HB00816

An Act Providing Compensation To Barangay Briones, Officials, Amending For The Purpose Repub- Nicanor M. lic Act No7160, Otherwise Known As The "LOCAL Government Code Of 1991" And Appropriating Funds Therefor

HB00830

An Act Exempting Private Educational Insti- De La Cruz, tutions From Local Tax Jonathan A.

HB00895

An Act Allowing Senior Citizen To Serve As Castelo, Representative To The Sangguniang Bayan Winston Thereby Amending Pertinent Provision In The Local Government Code And For Other Purposes

HB00966

An Act Amending Section 450 Of Republic Acedillo, Act No7160, Otherwise Known As The Lo- Francisco cal Government Code Of 1991, As Amended, Ashley L. Allowing The Conversion Of A Municipality Which Has A Land Area Of At Least Fifty (50) Square Kilometers Or Inhabitants Of At Least Twelve Thousand

HB00967

An Act Providing For A Twenty (20) Year Acedillo, Barangay Development Program, Appropriat- Francisco ing Funds Therefor And For Other Purposes Ashley L.

HB00973

An Act Upgrading The Benefits And Incen- Acedillo, tives Of Barangay Tanod Members Who Have Francisco Rendered At Least One Year Of Service In The Ashley L. Barangay Government

122

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB01007

An Act Granting Twenty Percent (20%) Dis- Fortuno, Salcount On Transportation Fare And Hotel vio B. Accommodation Charge, Amending For The Purpose Section 393 Of Republic Act No7160 As Amended, Otherwise Known As The Local Government Code Of 1991

HB01056

An Act Providing For The Direct Remittance Gonzales, To The Host Local Government Of Its Forty Neptali Ii M. Percent Share (40%) Of The Proceeds Derived From The Utilization And Development Of National Wealth, Amending For The Purpose Section 293 Of Republic Act No7160 As Amended

HB01091

An Act Providing For The Direct Remittance Rodriguez, To The Host Local Government Of Its Forty Rufus B. Percent Share (40%) Of The Proceeds Derived From The Utilization And Development Of National Wealth, Amending For The Purpose Section 293 Of Republic Act No7160 As Amended

HB01097

An Act Providing All Barangay Officials, In- Sy-Alvarado, cluding Barangay Tanods, Barangay Health Mavictoria R. Workers And Barangay Day Care Workers, A Lump Sum Retirement Pay Equivalent To One (1) Year Honorarium, Amending For The Purpose Section 393 Of Republic Act No7160 As Amended

HB01122

An Act Abolishing The Sangguniang Kabat- Erice, Edgar R. aan And Creating The Barangay Youth Council In Lieu Thereof, Repealing The Pertinent Provisions Of The Local Government Code Of 1991, And For Other Purposes

HB01125

An Act Abolishing The Sangguniang Kabat- Garay, aan, Amending For This Purpose The Rel- Florencio C. evant Provisions Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991, And In Lieu Thereof, Providing For The Election Of A Youth Sector Representative

Annex C 123

Bill Number

Bill Title

Principal Author

HB01183

An Act Expanding The Purposes And Appli- Teodoro, cation Of The Special Education Fund(Sef) Marcelino R. Amending For The Purpose Section 272 Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991 And For Other Purposes

HB01184

An Act Strengthening The Local School Teodoro, Boards, Amending For The Purpose Sections Marcelino R. 98, 99 And 100 Of Republic Act No7160, Otherwise Known As "THE Local Government Code Of 1991"

HB01189

An Act Compelling Local Government Units Teodoro, To Set Aside At Least Fifteen Percent(15%) Of Marcelino R. Their Annual Internal Revenue Allotments For Local Health Programs, Amending For The Purpose Section 287 Of Republic Act No. 7160

HB01190

An Act Providing The Minimum Monthly Teodoro, Hazard Allowance Of Accredited Barangay Marcelino R. Health Workers, Amending For This Purpose The Barangay Health Workers' Benefits And Incentives Act Of 1995

HB01207

An Act Providing For The Criteria In The Ac- Teodoro, creditation Of Nongovernmental Organiza- Marcelino R. tions, Amending For The Purpose Section 108 Of Republic Act No7160, Otherwise Known As 'The Local Government Code Of 1991'"

HB01209

An Act Amending Section 324 Of Republic Teodoro, Act No7160, Otherwise Known As The Local Marcelino R. Government Code Of 1991 And For Other Purposes

HB01234

An Act Extending Educational Benefit To Almonte, Legitimate Dependent Children Of Baran- Jorge T. gay Tanods And Accredited Barangay Health Workers, Amending For The Purpose Section 393 Of Republic Act No7160 As Amended, Otherwise Known As The Local Government Code Of 1991

124

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB01240

An Act Prohibiting Local Government Units Ramos, DeoFrom Applying For Loans To Finance Infra- gracias Jr. B. structure Projects And Lending Institutions From Approving It Or Releasing The Proceeds One Year Before Elections

HB01241

An Act Amending Sections 352 And 513, Re- Ramos, Deopublic Act No7160, Otherwise Known As The gracias Jr. B. Local Government Code Of 1991

HB01243

An Act Amending Republic Act No7160 For RRamos, DeoThe Purpose Of Including Municipal Waters gracias Jr. B. In The Computation Of A Local Government Unit's Internal Revenue Allotment

HB01249

An Act Making The Punong Barangay An Ap- Ramos, Deopointed Official, Amending For The Purpose gracias Jr. B. Ra No7160, Otherwise Known As The Local Government Code Of 1991

HB01251

An Act Rationalizing The Income Require- Garcia, Gwenment For The Creation Of A Province And dolyn F. The Declaration Of Highly-Urbanized Status In The Case Of Component Cities, Amending For The Purpose Republic Act Numbered 7160, Otherwise Known As The 'Local Government Code Of 1991

HB01252

An Act Abolishing The Sangguniang Kabat- Gomez, Lucy aan, Amending For The Purpose The Relevant T. Provisions Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB01257

An Act Imposing A Mandatory Ad Valorem Umali, ReyTax On Idle Lands Amending For The Pur- naldo V. pose Sections Two Hundred Thirty Six, Two Hundred Thirty Seven, And Two Hundred Seventy Three Of Republic Act No7160, Otherwise Known As 'THE Local Government Code Of 1991'

HB01259

An Act Providing For The Election Of Youth Umali, ReyRepresentative To Be Known As The Kagawad naldo V. Ng Kabataan As Regular Member Of The Sangguniang Barangay Abolishing For The Purpose The Sangguniang Kabataan As Provided Under Republic Act No. 7160

Annex C 125

Bill Number

Bill Title

Principal Author

HB01283

The Barangay Workers Act

HB01299

An Act Granting Provinces A Share In The Garcia, Proceeds Of Real Property Taxes Imposed By Gwendolyn F. Component Cities, Amending Section 271 Of Republic Act Number 7160, Otherwise Known As "THE Local Government Code Of 1991"

HB01313

An Act Amending Paragraph (A), Section Escudero, 393, Chapter Iv, Title I, Book Iii Of Republic Evelina G. Act No7160, The Local Government Code, As Amended, Increasing The Benefits Of Barangay Officials

HB01322

An Act Reverting To The National Govern- Escudero, ment The Discharge Of Basic Agricultural Evelina G. Functions And Responsibilities Devolved To Local Government Units And Amending For The Purpose Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB01333

An Act Changing The Age Requirement For Gunigundo, The Sangguniang Kabataan (SK) Members Magtanggol T. From 15-17 To 18-21 And To Remove Sk Federation President As Ex-Officio Member Of Sangguniang Bayan, Sangguniang Panlungsod And Sangguniang Panlalawigan, And For Other Purposes

HB01336

An Act Providing Incentives To All Barangay Gullas, Gerald Officials, Including Barangay Tanods And Anthony Jr V. Members Of The Lupong Tagapamayapa, And Barangay Employees And For Other Purposes

HB01367

An Act Increasing The Share Of Local Government Units In The National Internal Revenue Taxes, Further Amending For The Purpose Section 284 Of Republic Act No7160, As Amended Otherwise Known As The Local Government Code Of 1991

126

Issues and Critical Actions in Local Governance

Defensor, Arthur Jr R.

AntoninoNadres, Magnolia Rosa C.

Bill Number

Bill Title

Principal Author

HB01369

An Act Abolishing The Sangguniang Kabat- Kho, Elisa T. aan, Amending For The Purpose Certain Provisions Of The Local Government Code

HB01395

An Act Authorizing Barangays As The Imple- Garay, menting Agencies For Priority Development Florencio C. Assistance Programs And Projects Up To A Maximum Of Three Hundred Thousand Pesos (P300,000.00) And For Other Purposes

HB01411

An Act Granting Fixed Monthly Honoraria Abayon, And Other Benefits To Accredited Barangay Harlin C. Health Workers, Amending For The Purpose Section 6 Of Republic Act 7883 Otherwise Known As The Barangay Health Workers Incentives And Benefits Act Of 1995

HB01414

An Act Granting Travel Allowances To Baran- Abayon, gay Health Workers, Amending For The Pur- Harlin C. pose Republic Act No7883, Otherwise Known As 'THE Barangay Health Workers' Benefits And Incentives Act Of 1995' And Providing Funds Therefor

HB01422

An Act Granting Additional Insurance Ben- Abayon, efits To Barangay Captains, Providing Funds Harlin C. For The Payment Of Its Premiums, And For Other Purposes

HB01430

An Act In Relation To The Disaster Prepared- Abayon, ness Plans Of Local Government Units Harlin C.

HB01477

An Act Amending Sections 326 And 327 Of Garay, Republic Act No7160, Otherwise Known As Florencio C. The Local Government Code Of 1991

HB01480

An Act Providing For Tax Exemptions And MercadoSubsidies For The Local Music Industry, Revilla, Lani Amending For This Purpose Certain Sections Of The Local Government Code Of 1991

HB01520

An Act Providing Insurance Benefits To Teodoro, Barangay Tanods And Increasing The Marcelino R. Amount Of Coverage Of Insurance Benefits Of Local Government Officials, Amending For This Purpose, Republic Act No6942 And Appropriating Funds Therefor

Annex C 127

Bill Number

Bill Title

Principal Author

HB01524

An Act Introducing Reform To The Sanggu- Teodoro, niang Kabataan, Amending For This Purpose Marcelino R. Certain Provisions Of Republic Act No7160, Otherwise Known As 'THE Local Government Code Of 1991', And For Other Purposes

HB01532

An Act To Strengthen Local Government Teodoro, Units By Amending Certain Provisions Of Marcelino R. Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB01549

An Act Providing For The Exclusion Of Inter- Amante, Erlpe nal Revenue Allotment In The Income Classi- John M. fication System Of Local Government Units, Thereby Amending Section 4(A) Of Executive Order No249, Series Of 1987

HB01602

An Act Entitling Barangays Created By Local Cayetano, Government Units To A Just Share In The Na- Lino S. tional Internal Revenue Taxes, Amending, For That Purpose, Section 285 Of Republic Act No7160, As Amended, Otherwise Known As The Local Government Code Of 1991

HB01618

An Act Providing All Barangay Officials, In- Rodriguez, cluding Barangay Tanods, Members Of The Rufus B. Lupon Ng Tagapamayapa, Barangay Health Workers And Barangay Day Care Workers, A Lump Sum Retirement Pay Equivalent To One (1) Year Honorarium

HB01640

An Act Providing Benefits To Barangay Volunteer Workers

HB01647

An Act Amending Section 393 Of Republic Fortuno, SalAct No7160 As Amended, Otherwise Known vio B. As The Local Government Code Of 1991 To Extend Educational Benefit To Legitimate Dependent Children Of Barangay Tanods And Accredited Barangay Health Workers

128

Issues and Critical Actions in Local Governance

Yap, Susan A.

Bill Number

Bill Title

Principal Author

HB01655

An Act Granting Additional Insurance Ben- Villarica, efits To Punong Barangays And Providing Linabelle Ruth Funds For The Payment Of Its Premiums R.

HB01672

An Act Upgrading The Benefits And Incen- Tambunting, tives Of Barangay Tanod Brigades, Amending Gus S. For The Purpose Sec393 (d) Of Republic Act 7160, Otherwise Known As The Local Government Code Of 1991

HB01693

An Act Providing Incentives To All Barangay Nograles, Officials, Including Barangay Tanods And Karlo Alexei B. Members Of The Lupong Tagapamayapa, And Barangay Employees And For Other Purposes

HB01704

An Act Exempting Capital Towns Of Prov- Bernos, Maria inces Without Cities From The Income Re- Jocelyn V. quirement Subject To Certain Conditions, Amending For The Purpose Of Section 450 Of Republic Act 7160, As Amended By Republic Act 9009, Otherwise Known As The Local Government Co

HB01726

An Act Removing The Internal Revenue Al- Romualdo, lotment Of The Metropolitan Manila Devel- Xavier Jesus D. opment Authority (MMDA), Amending For The Purpose Republic Act No7924, Entitled 'AN Act Creating The Metropolitan Manila Development Authority, Defining Its Powers And Functi

HB01758

An Act Exempting Any Person Who Sells Any Violago, Real Property To The Government Or Any Of Joseph Gilbert Its Political Subdivisions Or Instrumentalities F. From The Payment Of Capital Gains Tax And For Other Purposes

HB01764

An Act Providing Additional Insurance Ben- Violago, Joefits To Barangay Captains, Providing Funds seph Gilbert F. For The Payment Of Premiums, And For Other Purposes

HB01798

An Act Prohibiting City Mayors, Munici- Mercado-Repal Mayors And Provincial Governors From villa, Lani Making Appointment Two (2) Months Immediately Before The Next Local Elections And Pending Assumption To Office Of Their Successors And For Other Purposes

Annex C 129

Bill Number

Bill Title

Principal Author

HB01809

An Act Creating The Human Resource Man- Salvacion, agement Office In The Local Government Andres D. Units, And Defining Its Functions

HB01817

An Act Amending Sections 284 And 286 Of Evardone, Republic Act 7160, Otherwise Known As The Ben P. Local Government Code Of 1991

HB01818

An Act Providing For The Automatic Re- Evardone, tention By The Barangay Of Its Fifty Percent Ben P. (50%) Share In The Community Tax Collected By Said Barangay, Amending Section 164 Of The Local Government Code Of 1991

HB01877

An Act Amending Republic Act 7160 Other- Garin, Oscar wise Known As The Local Government Code Jr. Of 1991

HB01882

An Act Strengthening Local Health Boards, Enverga, Amending For The Purpose Sections 102 Of Wilfrido Mark Republic Act No7160, Otherwise Known As M. The Local Government Code Of 1991, As Amended, And For Other Purposes

HB01884

An Act Strengthening Local School Boards, Enverga, WilAmending For The Purpose Sections 98, 99 frido Mark M. And 100 Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991, As Amended, And For Other Purposes

HB01887

An Act Providing Additional Retirement Ben- Enverga, efits To All Barangay Officials And For Other Wilfrido Mark Purposes M.

HB01889

An Act Providing Additional Benefits And Enverga, Incentives To All Barangay Tanods And For Wilfrido Mark Other Purposes M.

HB01903

An Act Providing Insurance Benefits To The Magsaysay, Members Of Barangay Tanod And Lupong Eulogio Tagapamayapa "AMANG" R.

HB01918

An Act Amending Section 311 Of Republic Arroyo, Act No. 7160, Otherwise Known As 'THE Lo- Diosdado cal Government Code Of 1991' Macapagal

130

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB01993

An Act Mandating Local Government Units Go, Arnulfo F. To Appropriate In Their Annual Budgets At Least 10% Of Their Annual Internal Revenue Allotments For Local Health Programs And Services And For Other Purposes

HB02005

An Act Providing For The Direct Remittance Matugas, To The Host Local Government Of Its Forty Francisco T. Percent (40%) Share Of The Proceeds Derived From The Utilization And Development Of National Wealth, Amending For The Purpose Section 293 Of Republic Act No7160, As Ame

HB02006

An Act Amending Section 461, Paragraph (b) Matugas, Of The Local Government Code Of 1991 Francisco T.

HB02008

An Act Amending Sections 102 (a)(1), (2), Velasco, Lorna (3), 443(A), 454(A), 463(A) And 478(A) Of Q. Republic Act No7160, As Amended By Republic Act No8553, Otherwise Known As The Local Government Code Of 1991

HB02020

An Act Adopting IRA Portability For Ev- Rodriguez, ery Conversion Of Municipality Into City Oscar S. Amending For That Purpose Section 285 Of R.A7160 Otherwise Known As The Local Government Code Of 1991

HB02025

An Act Increasing The Benefits Of Barangay Acop, Romeo Officials, Amending For The Purpose Section M. 393 Of Republic Act No7160, As Amended, Otherwise Known As 'THE Local Government Code Of 1991'

HB02033

An Act Abolishing The Use Of Community Escudero, Tax Certificate And The Power To Levy Com- Evelina G. munity Tax Repealing For That Purpose The Pertinent Provisions Of Republic Act No7160, As Amended, Otherwise Known As The Local Government Code Of 1991

HB02040

An Act Rationalizing Local Taxation Amend- Escudero, ing For That Purpose Section 150, Chapter 1, Evelina G. Title One, Book Ii Of Republic Act No7160, As Amended, Otherwise Known As The Local Government Code

Annex C 131

Bill Number

Bill Title

Principal Author

HB02046

An Act Providing Incentives To Barangay Deloso-MonOfficials And Employees And For Other Pur- talla, Cheryl poses

HB02048

An Act Amending Section 286 Of Republic Binay, Act 7160, Otherwise Known As The Local Mar-Len AbiGovernment Code Of The Philippines, Pro- gail S. viding For The Automatic Appropriation And Release Of The Internal Revenue Allotment Of Local Government Units

HB02124

An Act Creating The Position Of Barangay Teodoro, Nutrition Worker In Every Barangay, Pro- Marcelino R. viding Incentives Thereto And Appropriating Funds Therefor, Amending For This Purpose Presidential Decree No1569

HB02170

An Act Mandating All Local Government Mendoza, Units To Earmark Ten Percent (10%) Of Their Mark Llandro Respective Internal Revenue Allotment (IRA) L. For Agriculture And Food Security Programs, Projects And Activities For A Period Of Ten (10) Years

HB02172

An Act Providing Security Of Tenure To The Mendoza, Barangay Secretary And Barangay Treasurer Mark Llandro L.

HB02189

An Act Authorizing Cities And Municipalities Cari, Jose To Issue Government Gratuitous Permits For Carlo L. Sand, Gravel And Other Quarry Resources In Their Territorial Jurisdiction, Amending For This Purpose Section 138 Of Republic Act 7160

HB02194

An Act Amending Republic Act No7160 Or Bravo, The Local Government Code Anthony M.

HB02196

An Act Abolishing The Use Of Community Bravo, Tax Certificate And The Power To Levy Com- Anthony M. munity Tax Repealing For That Purpose The Pertinent Provisions Of Republic Act No7160, As Amended, Otherwise Known As The Local Government Code Of 1991

132

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB02213

HB02254

An Act Devolving To Municipalities And Cit- Romualdo, ies The Registration Of Fishing Vessels With Xavier Jesus A Maximum Gross Weight Of Three Tons Or "XJ" D. Less

HB02314

An Act Mandating Every Barangays To Al- Calalay, Franlocate Five Percent (5%) Of Its General Fund cisco For Programs, Projects And Activities For Senior Citizens, Amending For The Purpose Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB02321

An Act Introducing Reforms In The Sanggu- Oaminal, niang Kabataan, Amending For The Purpose Henry S. Certain Sections Of Republic Act No7160, As Amended, Otherwise Known As The Local Government Code Of 1991 And Republic Act No. 8044

HB02323

An Act Granting Five Hundred (P500.00) Pe- Haresco, sos Monthly Allowance To All Barangay Tan- Teodorico Jr T. ods And Appropriating Funds Therefor

HB02353

An Act Amending Section 138 Of Republic Sarmiento, Act 7160 Also Known As The Local Gov- Cesar V. ernment Code Of 1991, By Transferring The Power To Levy And Collect Taxes As Well As To Issue Permits On Sand, Gravel And Other Quarry Resources From The Provinces To The Cities And Municipalities

HB02373

An Act Reverting To The National Govern- Escudero, ment The Discharge Of Basic Health Services Evelina G. Devolved To Local Government Units (LGUs) And Amending For The Purpose Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

Annex C 133

Bill Number

Bill Title

Principal Author

HB02386

An Act Empowering Provincial Governments Garcia, GwenTo Administer Land Reclamation In Their dolyn F. Area Of Jurisdiction, Maximize Their Utilization And Provide For Their Development Consistent With Public Interest And For Other Purposes

HB02395

An Act Mandating The Inclusion Of All Pu- Collantes, nong Barangays Within The Coverage Of Sonny P. The Government Service Insurance Systems (GSIS) And Philippine Health Insurance Corporation (PHILHEALTH)

HB02412

An Act Extending Educational Benefits To Le- Oaminal, gitimate Dependent Children Of Accredited Henry S. Barangay Health Workers, Members Of The Lupong Tagapamayapa, Barangay Tanods, Civilian Volunteer Organizations, Barangay Police Action Teams And Purok Presidents, Amendin

HB02420

An Act To Provide Additional Non-Mone- Bello, Silvestre tary Economic Benefits To All Elected And Appointed Barangay Officials, Amending For This Purpose Section 393 (a) Book Iii Title One Of Republic Act 7160, Otherwise Known As The Local Government Code

HB02447

An Act Granting One Thousand Five Hun- Rodriguez, dred Pesos (P1,500.00) Monthly Allowance Rufus B. To All Barangay Tanods And Appropriating Funds Therefor

HB02536

An Act Divesting The Sangguniang Kabat- Erice, Edgar R. aan Of The Power To Administer The 10% Of Barangay Funds Allocated For Youth-Oriented Programs, Projects, Services And Activities, Amending For The Purpose Section 329 Of Republic Act No. 7160

HB02546

An Act Restoring The Tax Exemption On Mendoza, Real Property Owned By Labor Organiza- Raymond tions, Amending For The Purpose Article Democrito C. 242 Of Presidential Decree No442, Otherwise Known As The Labor Code Of The Philippines, And Sections 193 And 234 Of Republic Act No. 7160

134

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB02560

An Act Allowing Local Government Units To Rodriguez, Retain Fifty Percent (50%) Of The Proceeds Rufus B. From All Taxes, Fees And Fines Collected Under Presidential Decree Numbered Eleven Hundred And Eighty Five, Otherwise Known As The Fire Code Of The Philippines

HB02589

An Act Establishing The Liga Ng Bayaning Tambunting, Kabataan (LBK) Amending For That Pur- Gus S. pose The Pertinent Provisions Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB02596

An Act Authorizing A Local Government Castelo, WinUnit To Create A Corporate Entity And/Or ston Authority To Attract Domestic And Foreign Investment To Generate Additional Source Of Revenue And For Other Purposes

HB02598

An Act Allowing Senior Citizen To Serve As Castelo, WinRepresentative To The Sangguniang Bayan ston Thereby Amending Pertinent Provision In The Local Government Code And For Other Purposes

HB02599

An Act Authorizing Principal As Represen- Castelo, Wintative To The Local School Board Thereby ston Amending Pertinent Provision In The Local Government Code And For Other Purposes

HB02619

An Act Increasing The Share Of Local Gov- Matugas, ernment Units In The National Internal Rev- Francisco enue Taxes, Amending For The Purpose Sec- "LALO" T. tions 284 Of Republic Act No7160 Otherwise Known As The Local Government Code Of 1991

HB02625

An Act Amending Certain Provisions Of Re- Gatchalian, public Act 7160 Entitled 'THE Local Govern- Sherwin T. ment Code Of The Philippines' And For Other Purposes

Annex C 135

Bill Number

Bill Title

Principal Author

HB02626

An Act Granting Internal Revenue Allotment Yap, Susan A. To Barangays Created By Local Government Units After The Effectivity Of Republic Act 7160, Amending For This Purpose Section 285 Of Republic Act No7160, As Amended, Otherwise Known As The Local Government Code

HB02637

An Act Providing For Additional Benefits And Pagdilao, Incentives For Barangay Tanods, Amending Samuel D. For The Purpose Section 393 Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB02695

An Act Granting Additional Insurance Ben- Loyola, Roy efits To Barangay Captains, Providing Funds M. For The Payment Of Its Premiums, And For Other Purposes

HB02723

An Act Amending Section 482(A), Article 12 Cosalan, Of Republic Act No7160, Otherwise Known Ronald M. As The Local Government Code, To Require The Mandatory Appointment Of Agriculturist In Municipalities

HB02734

An Act Separating The City Of San Fernando Rodriguez, From The Third District Of Pampanga, Cre- Oscar S. ating For That Purpose The Lone District Of The City Of San Fernando

HB02748

An Act Establishing The Liga Ng Mga Kina- Vargas, tawan Ng Kabataan (LKK) Amending For Alfredo III D. That Purpose The Pertinent Provisions Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB02756

An Act Increasing The Allowances Of Baran- Castelo, Wingay Officials, Granting Honoraria And Other ston Benefits To Barangay Tanods And Providing Funds Therefor, Amending For The Purpose The Local Government Code Of 1991

HB02757

An Act Granting Hazard Pay To All Du- Castelo, Winly-Appointed Barangay Tanod Brigades Dur- ston ing Their Incumbency, Appropriating Funds Therefor

136

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB02764

An Act Creating The Human Resource Man- Sarmiento, agement Office In The Local Government Mel Senen S. Units And Defining Its Functions

HB02787

An Act Establishing The Liga Ng Bayaning Teodoro, Kabataan (LBK) Amending For That Pur- Marcelino R. pose The Pertinent Provisions Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB02822

An Act Providing Financial Assistance To Castelo, WinBarangay Officials Who Have Served For ston Three (3) Terms, Appropriating Funds Therefor

HB02850

An Act Regulating The Maintenance, Estab- Alvarez, lishment, Or Construction Of Fuel Depots Francisco Josef And Warehouses, Or Storage Of Other Flam- George E. mable Or Hazardous Chemicals And Substances And For Other Purposes

HB02872

An Act Creating The Position Of Barangay Arroyo, DiosNutrition Worker In Every Barangay Provid- dado Macaing Incentives Thereto, Appropriating Funds pagal Therefor, Amending For The Purpose Presidential Decree No. 1569

HB02912

An Act Amending Section 285 Of R.A7160 Rodriguez, Otherwise Known As The Local Government Oscar S. Code Of 1991

HB02943

An Act Amending Section 61 Of Republic Act Marcos, Im7160, Otherwise Known As The Local Gov- elda R. ernment Code Of 1991

HB02952

An Act Amending Section 150 Of Republic Aliping, NicaAct No7160, Otherwise Known As The 'Local sio Jrm. Government Code Of 1991'

HB02954

An Act Rationalizing The Income Require- Cojuangco, ments And Other Requisites For The Declara- Enrique M. tion Of Highly Urbanized Status In The Case Of Component Cities And For The Creation Of A Province, Amending For The Purpose Sections 452, 453 And 461 Of Republic Act No. 716

Annex C 137

Bill Number

Bill Title

Principal Author

HB03000

An Act To Reform And Strengthen The Sang- Gutierrez, guniang Kabataan And Providing Funds Ibarra III M. Therefore

HB03001

An Act Authorizing The Utilization Of The Pancho, Sangguniang Kabataan (SK) Fund Of Every Gavini C. Barangay For The Development Of Public Elementary And Secondary Schools

HB03013

An Act Institutionalizing A Ten Percent Quimbo, RoBudgetary Allocation Of Barangays For The mero S. Impelementation Of Programs, Projects, Activities, And Services For Senior Citizens, Amending For This Purpose The Pertinent Provisions Of Republic Act 7160 Otherwise Known

HB03085

An Act Providing For The Welfare Of Baran- Umali, gay Tanods, Amending For The Purpose Sec- Reynaldo V. tion 393 Of Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB03123

An Act Granting A Fixed Monthly Hono- Quimbo, Roraria And Additional Benefits To Accred- mero S. ited Barangay Health Workers, Amending For This Purpose Section 6 Of Republic Act No7883 Otherwise Known As The Barangay Health Workers' Benefits And Incentives Act Of 1995

HB03193

An Act Increasing The Christmas Bonus Of Haresco, All Barangay Officials And Appropriating Teodorico Jr T. Funds Therefor

HB03198

An Act Amending Certain Sections Of Re- Fernandez, public Act 9740 Otherwise Known As 'AN Danilo Ramon Act Converting The Municipality Of Biﾃ｣窶連n In S. The Province Of Laguna Into A Component City To Be Known As The City Of Biﾃ｣窶連n'

HB03209

An Act Formulating The Sustainable Devel- Umali, opment Council For Mindoro Island, Creat- Reynaldo V. ing The Administrative Machinery To Its Implementation, Providing Funds Therefor, And For Other Purposes

138

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB03210

An Act Creating The Position Of The Tourist Co, Officer In All Provinces, First Class Munici- Christopher S. palities And Cities, Or Municipalities And Cities Where Tourism Is Considered A Major Local Industry, And Defining Its Qualifications, Powers, Duties

HB03231

An Act Granting The Barangays Created Un- Amante, Erlpe der Republic Act 7160, Otherwise Known John M. As The Local Government Code Of 1991 As Amended, Their Internal Revenue Allotment (IRA), Amending For This Purpose Section 285 Of Republic Act 7160, And For Other Purposes

HB03300

An Act Requiring Local Governments To Rodriguez, Earmark A Portion Of Their Internal Revenue Rufus B. Allotments For Free Medicines To Indigent Patients In Their Localities, And For Other Purposes

HB03349

An Act Abolishing The Election Of Barangay Rodriguez, Officials, Declaring All Elective Barangay Po- Oscar S. sitions As Appointive Positions; Amending For That Purpose Sections 39, 40, 41, 42, And 43 Of R.A7160 Otherwise Known As The Local Government Code Of 1991

HB03362

An Act Increasing The Income Requirement Rodriguez, For The Creation Of Municipality, And Prov- Oscar S. ince And Conversion Of A Component Into A Highly Urbanized City Amending For That Purpose Sections 442(A), 452(A) And 461(A) Of R.A7160 Otherwise Known As The Local Gover

HB03388

An Act To Develop And Strengthen Youth Erice, Edgar R. Participation In Nation-Building By Creating The Kalipunan Ng Mga Anibang Kabataan (KAK) In Every Province, City And Municipality In The Philippines

HB03416

An Act Authorizing Local Government Units Garin, Oscar To Implement A Salary Increase Of Not More Jr. Than Five Percent (5%) Every Five (5) Years, And For Other Purposes

Annex C 139

Bill Number

Bill Title

Principal Author

HB03428

An Act Amending Certain Provisions Of Ar- Gatchalian, ticle Ii, Sections 470, Paragraph C And 471, Sherwin T. Paragraph B, Of The Local Government Code, Providing Funds Therefor, And For Other Purposes

HB03470

An Act Amending Presidential Decree Rodriguez, No1445, Otherwise Known As The Govern- Rufus B. ment Auditing Code Of The Philippines, By Allowing Bonded Barangay Treasurers To Retain The Barangays' 50% Share From Payments Of Community Tax Certificates

HB03480

An Act Making The Position Of The Munic- Co, ipal Agriculturist Mandatory, Amending For Christopher S. The Purpose Sections 442 And 482 Of Republic Act No7160, Otherwise Known As The 'LOCAL Government Code Of 1991'

HB03538

An Act Strengthening The Local Taxation Abu, Raneo E. And Fiscal Matters Of The Local Government Units, Amending For The Purpose Republic Act No7160, Otherwise Known As The â&#x20AC;&#x153;Local Government Code Of 1991'

HB03541

An Act Amending Certain Provisions Of Leachon, Doy Republic Act No7160 Otherwise Known As C. 'THE Local Government Code Of 1991' And For Other Purposes

HB03542

An Act Amending Section 470 (a) Of Repub- Nava, Pablo lic Act No7160 Otherwise Known As The III R. 'LOCAL Government Code Of 1991' Thereby Requiring The Concurrence Of The Sangguniang Concerned With The List Of Recommendees Of The Governor Or Mayor

HB03592

An Act Increasing The Composition Of Pacquiao, Barangay Officials, Amending For The Pur- Emmanuel D. pose Republic Act No7160, Otherwise Known As 'THE Local Government Code Of The 1991', As Amended

HB03603

An Act Granting One Thousand Five Hun- Primicias-Agdred Pesos (P1,500.00) Monthly Allowance abas, Marlyn To All Barangay Tanods And Appropriating L. Funds Therefor

140

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

HB03619

An Act Imposing A Cap On The Loan Obliga- Aggabao, tions Of Local Government Units, Amending Giorgidi B. For The Purpose The 'LOCAL Government Code Of 1991', As Amended

HB03621

An Act Regulating The Use Of Local Gov- Aggabao, ernment Units' Internal Revenue Allotment Giorgidi B. (IRA), Amending For The Purpose The 'LOCAL Government Code Of 1991', As Amended

HB03734

An Act Providing For Mandatory Appoint- Amante, Erlpe ment Of Tourism Officers In Provinces And John M. Cities And Optional Appointment In Municipalities, Amending For The Purpose Republic Act 7160, Otherwise Known As The Local Government Code Of 1991 As Amended, And For Other Purposes

HB03757

An Act Mandating All Local Government Velarde, Units To Allocate At Least Five Percent (5%) Mariano MiOf Their Internal Revenue Allotment For chael Jr M. Medical Assistance To Children With Special Health Care Needs Residing Within Their Territorial Jurisdiction

HB03759

An Act Reverting To The National Govern- Antoninoment The Discharge Of Health And Social Nadres, MagWelfare Services, Repealing For The Purpose nolia Rosa C. Certain Sections Of Republic Act No7160, As Amended Otherwise Known As The Local Government Code Of 1991

HB03763

An Act Providing All Barangay Officials, In- Alvarez, cluding Barangay Tanods, Members Of The Mercedes Kho Lupon Ng Tagapamayapa, Barangay Health Workers And Barangay Day Care Workers, A Lump Sum Retirement Pay Equivalent To One (1) Year Honorarium

HB03772

An Act Providing For A More Equitable Shar- Violago, ing Of Duties And Responsibilities By And Joseph Gilbert Between Local Government Executives In F. The Management Of Sand, Gravel And Other Quarry Resources In Their Respective Jurisdictions

Annex C 141

Bill Number

Bill Title

Principal Author

HB03816

An Act Providing Retirement Benefit To Suansing, Barangay Officials And Workers Including Ging Punong Barangay, Sangguniang Barangay Member, Barangay Tanods, Lupon Ng Tagapamayapa Member, Barangay Secretary, Barangay Treasurer, Barangay Health Workers And Barangay Day C

HB03845

An Act Instituting Training Program For The Magsaysay, Members Of The Local School Boards Eulogio R.

HB03848

An Act Mandating The Establishment Of Defensor, Public Crematoriums In Cities And Munici- Arthur Jr R. palities And Extending Free Cremation Services To Indigent Families Amending For Such Purpose The Local Government Code

HB03860

An Act Mandating An Increase On The Al- Castelo, lowance Of All Barangay Lupon, Bsdo, And Winston Barangay Staff Who Have Served For One (1) Term, Appropriating Funds Therefor

HB03890

An Act Reverting To The National Govern- Rodriguez, ment The Discharge Of Basic Agricultural Rufus B. Functions And Responsibilities Devolved To Local Government Units And Amending For The Purpose Republic Act No7160, Otherwise Known As The Local Government Code Of 1991

HB03925

An Act Instituting Reforms To Promote And Paquiz, Leah Protect The Economic, Social, Political Rights S. And Well Being Of Barangay Health Workers Towards Quality Health Service Delivery And Appropriating Funds Therefor, Repealing For This Purpose Republic Act No7883,

HB03988

An Act Creating The Position Of Barangay Rodriguez, Nutrition Worker In Every Barangay Provid- Rufus B. ing Incentives Thereto, Appropriating Funds Therefor Amending For The Purpose Presidential Decree No. 1569

142

Issues and Critical Actions in Local Governance

Annex D. Bills That Seek to Amend the Local Government Code of 1991 as Filed in the Philippine Senate, July 2013 to February 2014 Bill Number SBN-1842 SBN-1752 SBN-1512 SBN-1504 SBN-20

SBN-2143 SBN-2045 SBN-2036 SBN-2027 SBN-1963

Bill Title

Local Government Code (Fair Market Defensor Santiago, Miriam Values) Providing For Local Autonomy In The De- Defensor Santiago, termination Of State Policy On Gambling Miriam Amending Sec. 13, Delegating The Au- Ejercito-Estrada, thority To Declare Special Public Holidays Jinggoy P. Bureau Of Fire Protection (BFP) Devolu- Ejercito-Estrada, Jinggoy P. tion Act Of 2013

Local Government Code Of 1991, Amend- Escudero, Francis ments Re Discharge Of Basic Agricultural G. Functions Poe, Grace L. Local Music Industry Incentive Act Share In National Taxes Of Local Govern- Pimentel, Aquilino Koko III L. ment Units New Local Government Code Of The Ejercito-Estrada, Jinggoy P. Philippines

Amending Sec. 272, Ra 7160 (Special Ed- Ejercito-Estrada, Jinggoy P. ucation Fund) Amending Secs. 284 & 286, Ra 7160 (In- Ejercito-Estrada, creasing The Internal Revenue Allotment Jinggoy P. Of LGUs)

SBN-1857 SBN-1684 SBN-1603 SBN-1591 SBN-1572

Principal Author

Local Government Code Of (Amending Secs. 352 And 513)

1991 Ejercito, Joseph Victor G.

National Barangay Benefits Augmentation Ejercito-Estrada, Fund (Local Government Code Of 1991) Jinggoy P. Tax Exemption Privileges To Electric Co- Ejercito-Estrada, Jinggoy P. operatives

Amending Sec. 285, Government Units Ejercito-Estrada, Jinggoy P. Re-Allocation Of The Ira Of LGUs Amending Sec. 138, Ra 7160 ( Tax On Defensor Santiago, Sand, Gravel And Other Quarry Re- Miriam

sources)

Annex D 143

Bill Number

Bill Title

Principal Author

SBN-1220

Direct Remittance Of The Share Of Local Ejercito, Government Units Joseph Victor G.

SBN-1170

Local Music Industry Incentives Act

SBN-1082

Local Government Code (Use Of Community Escudero, Tax Certificate) Francis G.

SBN-986

Allotment Of Internal Revenue Taxes By The Recto, Ralph LGUs G.

SBN-948

Tax On Idle Lands, Amending The Local Gov- Revilla Jr., ernment Code Ramon A.

SBN-940

Local Music Industry Incentives Act

SBN-613

Remittance Of The Share Of Local Govern- Recto, Ralph ment Units G.

SBN-346

Local Government Code (Sec. 293, R.A. No. Legarda, 7160) Loren B.

SBN-120

Local Taxation, Local Government Code

SBN-113

Automatic Appropriations And Release To The Marcos, Host LGUs, Share From National Wealth Taxes Ferdinand R.

SBN-5

Local Government Code Of 1991, Amendment Sotto III, Vicente C.

SBN-1499

Local Health Board, To Include Representative Ejercito-EstFrom Pta, Senior And War Veterans Associa- rada, Jinggoy tions P.

SBN-1228

Local Government Code (Titles V And Vi, Ejercito, Secs. 102 And 107) Joseph Victor G.

SBN-1090

Trillanes, Antonio F.

Revilla Jr., Ramon A.

Escudero, Francis G.

Liga Ng Bayaning Kabataan (LBK)

Aquino IV, Paolo Benigno

SBN-68

Sangguniang Kabataan Empowerment Act

Ejercito, Joseph Victor G.

SBN-1824

Local Government Code Of 1991 (Repealing Defensor Sec. 17(B), Paragraph 1(V) Of R.A. No. 7160) Santiago, Miriam

144

Issues and Critical Actions in Local Governance

Bill Number

Bill Title

Principal Author

SBN-1635

Repealing Sec. 90, Limiting The Practice Of EjercitoProfession By Elected Local Government Of- Estrada, Jinggoy P. ficials

SBN-2093

Amending Sections 443 & 482 (A), Local Lapid, Manuel Government Code (Municipal Agricultur- M. ists)

SBN-2058

Barangay Tanod Welfare Act

SBN-1972

Amending Secs. 352 & 513, Ra 7160 (Posting EjercitoOf The Summary Income And Expenditures) Estrada, Jinggoy P.

SBN-1956

Amending Sec. 393 (D), Ra 7160 (Upgrading EjercitoEstrada, The Benefits And Incentives Of Barangay Jinggoy P. Tanod Brigades)

SBN-1943

Creation Of Local Development Councils

SBN-1881

Amending Secs. 447, 458 And 468, RA 7160 Defensor (Granting Local Sanggunians To Issue Sub- Santiago, Miriam poena)

SBN-1828

Ejercito, Joseph Victor G.

Aquino IV, Paolo Benigno

Local Government Code Of 1991 (Position Defensor Of Secretary To The Sanggunian) Santiago, Miriam

SBN-1709

Amending Sec. 487 (A), RA 7160 (Appoint- Lapid, Manuel ment Of Cooperatives Officers In Local Gov- M. ernment Units)

SBN-1699

Amending Sec. 40 (D), Ra No. 7160, On Dual Defensor Citizenship Santiago, Miriam

SBN-1685

Local Government Code Of 1991 (Amending EjercitoSec. 325 (A), R.A. No. 7160) Estrada, Jinggoy P.

SBN-1528

Environment And Natural Resources Officer EjercitoEstrada, Jinggoy P.

SBN-1491

Income Requirements For The Conversion Ejercito, Joseph Of A Municipality Into A Component City Victor G.

SBN-1390

Annual Income Requirement For Coversion Honasan II, Of A Municipality Into A City Gregorio B.

Annex D 145

Bill Number

Bill Title

Principal Author

SBN-1491

Income Requirements For The Conversion Of Ejercito, A Municipality Into A Component City Joseph Victor G.

SBN-1464

Sk To Implement An Environmental Protec- Ejercitotion Program Estrada, Jinggoy P.

SBN-1459

Barangay Secretary, Appointment, Qualifica- Ejercitotions, Power And Duties Estrada, Jinggoy P.

SBN-1390

Annual Income Requirement For Coversion Honasan II, Of A Municipality Into A City Gregorio B.

SBN-1361

Fair Market Values Of Real Property

SBN-1335

Pre-Condition To Filing Of Complaint In Defensor Court Santiago, Miriam

SBN-1299

Local Government Code (Social Welfare And EjercitoDevelopment Officers) Estrada, Jinggoy P.

SBN-1185

Requisites For Conversion Of A Municipality Trillanes, Into A Component City Antonio F.

SBN-922

Local Government Code (Secs. 443, 454, 463) Lapid, Manuel M.

SBN-1464

Sk To Implement An Environmental Protec- Ejercitotion Program Estrada, Jinggoy P.

SBN-1459

Barangay Secretary, Appointment, Qualifica- Ejercitotions, Power And Duties Estrada, Jinggoy P.

SBN-542

Salaries Of Barangay Officials

EjercitoEstrada, Jinggoy P.

SBN-541

Creating The Local Housing Board

EjercitoEstrada, Jinggoy P.

146

Issues and Critical Actions in Local Governance

EjercitoEstrada, Jinggoy P.

Bill Number

Bill Title

Principal Author

SBN-407

Annual Income Requirement For The Cre- Marcos, ation Of A Highly Urbanized City Ferdinand R.

SBN-370

Integrated Solid Waste Collection And Dis- Ejercitoposal Act Estrada, Jinggoy P.

SBN-359

Barangay Health Workers Act Of 2013

SBN-284

Local Government Code (Practice Of Profes- Revilla Jr., sion) Ramon A.

SBN-223

Barangay Health Workers Act Of 2013

SBN-177

Local Government Code (Amending Sec. 44 Revilla Jr., Of R.A. 7160) Ramon A.

SBN-134

Redefining The Composition Of Barangay Of- Ejercitoficials Estrada, Jinggoy P.

SBN-124

Benefits Of Barangay Officials

SBN-114

Amending Sec. 61 Of The Local Government Marcos, F Code Of 1991 erdinand R.

SBN-108

Local Government Code Of 1991, Amending Marcos, Sec. 461 Ferdinand R.

EjercitoEstrada, Jinggoy P.

Ejercito, Joseph Victor G.

Escudero, Francis G.

Annex D 147