JESTELLE POOH C.

PENAFLOR
POSCIPOSCI 61 Philippine Local Government
AY 2021-2022, 2nd Semester

LOCAL GOVERNMENT CODE

INTERGOVERNMENTAL RELATIONS
NATIONAL-LOCAL RELATIONS

I. Introduction

At the time of its passage, the LGC represented a major shift towards a model of
decentralized local governance in the Philippines, with provisions to assign a
significant share of functions to local government units (LGUs), establish a mandate
for own-source revenue generation at the local level, increase the transfer of funds
from national government to LGUs, and establish a framework for local participation
and active citizen engagement in local governance. The goal of this ambitious reform
was to reduce the distance between government and citizens and increase the
quality and quantity of public services delivered by LGUs. Central-local relations in
the Philippines are governed primarily by the Local Government Code (LGC) of 1991,
which sets forth the rights, obligations and basic functions of various orders of local
government (Asian Development Bank).

II. Objectives

 Define the concept of inter-governmental relations

 Discuss the general idea of the supervisory powers of the President over LGUs
and its implication to local autonomy
 Discuss the Role of DILG, PNP and other NGAs in local governance

III. Outline of Presentation

Definition of Terms

Define the concept of Inter-Governmental Relations (IGR)

Dimensions of Inter-Governmental Relations (IGR)

IGR in the Philippines

National-Local Relations

 President's power of supervision over LGUs

 Coordination with National Agencies
 Consultation

Role of DILG and other National Agencies

IV. Definition of Terms

 Inter-governmental Relations is the processes and institutions through which

governments within a political system interact (Phillimore, 2013).
 National-local Relations/Central-local Relations refer to the political and
administrative relationships that exist between a central state and the local
governments within its territorial borders (Bevir, 2012).
 Local Autonomy refer either decentralization of administration or
decentralization of power. It is a process to make local governments more
responsive and accountable as self -reliant communities and enables the
central government to concentrate on national concerns (Tolentino, 2021).

V. What is Inter-Governmental Relations?

Intergovernmental relations (IGR) as the processes and institutions through which

governments within a political system interact. All countries, whether unitary or
federal, have IGR of some sort, provided they have more than one level of
government. Important component of any political system with more than one level
of government (Phillimore, 2013).

The essence of IGR is to facilitate cooperation and collaboration between the

different orders of government. The collaboration and cooperation comes at the
policy formulation stage and also at the implementation stage (Yusingco, 2019).

VI. Dimensions of IGR

Vertical

Vertical dimension IGR occurs most importantly in the ‘vertical’ relationship between
the central government and sub national governments. In unitary systems, these are
usually referred to as national and local governments, while in federations we
normally refer to the central or federal government and the constituent units of the
federation.

Horizontal

Horizontal IGR can take many forms and involve some or all of the constituent units.
Typically, horizontal relations between constituent units arise to deal with geographic
trans-border issues such as rivers, transport, local taxation and service provision.

VII. Analysis: IGR in the Philippines

The essence of IGR is to facilitate cooperation and collaboration between the

different orders of government. Therefore, IGR is a vital component of good
governance.

IGR is already already present in the 1987 Constitution.

Section 13, Article X demonstrates the “Horizontal IGR mechanism” — this is a

mandate for all local government units to work together for the common good or for
the greater good. This is a directive to implement the IGR mechanism at the sub-
national level, which is the horizontal IGR. Again, I would like to highlight that the
purpose of coordination and cooperation between the different levels of government
is for the common good: mutual benefit to all involved. That is the purpose of the
IGR.

Section 15, Article X is what we call “Vertical IGR.” This is the collaboration or
cooperation of the different levels of government at the vertical level: national
government and local government.

The Philippines is unique because the constitution introduces the participation of civil
society in the IGR mechanism.

On the Local Government Code

IGR is present in our constitution, it is also present in our statutes, specifically the
Local Government Code. In the local government code, it just emphasizes and
repeats the point or the purpose of the IGR mechanism to strengthen local
autonomy.

VIII. National Government and Local Government Units

Power of General Supervision of the President over LGUs

 Supervisory authority directly over provinces, highly urbanized cities

and independent component cities.
 Through the Province with respect to component cities and
municipalities
 Through City and Municipality with respect to barangays

The Constitution vests the President with the power of supervision, not control, over
local government units (LGUs). Such power enables him to see to it that LGUs and
their officials execute their tasks in accordance with law. While he may issue
advisories and seek their cooperation in solving economic difficulties, he cannot
prevent them from performing their tasks and using available resources to achieve
their goals.” (Pimentel v. Aguirre, 2000)

The power of supervision excludes the power of control.

The Court contrasted the President’s power of supervision over local government
officials with that of his power of control over executive officials of the national
government (Mondano v. Silvosa). It was emphasized that the two terms—
supervision and control—differed in meaning and extent.

The Court distinguished them as follows:

Supervision- means overseeing or the power or authority of an officer to see that

subordinate officers perform their duties. If the latter fail or neglect to fulfill them,
the former may take such action or step as prescribed by law to make them perform
their duties.
Control- means the power of an officer to alter or modify or nullify or set aside
what a subordinate officer has done in the performance of his duties and to
substitute the judgment of the former for that of the latter.”

The responsibility to enforce the law is lodged with the executive department
through the various departments under the control of the President as well as the
local government units, which are under his supervision through the Department of
Interior and Local Government. Exercising genuine supervision and exacting
accountability of negligent officials is an absolute requirement, irrespective of
political loyalties.

Two Types of Decentralization

Decentralization of Administration - When the central government delegates

administrative powers to political subdivisions in order to broaden the base of
government power (Limbona v. Mangelin).

Decentralization of Power - Involves an abdication of political power in the favor of

local government units declared to be autonomous (Limbona v. Mangelin).

In the Philippine’s concept of local autonomy, the national government has not
completely relinquished powers over local governments. Only administrative powers
over local affairs are delegated to political subdivisions.

Coordination with National Agencies

 National agencies and offices with project implementation functions shall

coordinate with one another and with the LGU
 Ensure participation of LGU in planning and implementation of national
projects.

Consultation

SECTION 27. Prior Consultations Required.

 Before project or program shall be implemented:

1. consultation
2. prior approval of Sanggunian
 Provided, occupants in areas where such projects are to be implemented shall
not be evicted unless appropriate relocation sites have been provided.

Philippine National Police

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

 Operational supervision of local chief executive police force, fire protection

unit and jail management personnel

IX. Role of DILG and other National Agencies

Department of the Interior and Local Government

What is the DILG?

The Department of the Interior and Local Government is the alter ego of the
president in his practice of his power of general supervision over the LGUs. The
DILG assists LGUs to effectively and efficiently deliver services to their constituents.
DILG formulates policies, plans, and programs to enhance local autonomy, focusing
particularly on the administrative, technical, and fiscal capacities of LGUs.

Powers & Functions

a. Assist the President in the exercise of general supervision over local

governments;
b. Advise the President in the promulgation of policies, rules, regulations and
other issuances on the general supervision over local governments and on
public order and safety;
c. Establish and prescribe rules, regulations and other issuances implementing
laws on public order and safety, the general supervision over local
governments and the promotion of local autonomy and community
empowerment and monitor compliance thereof;
d. Provide assistance towards legislation regarding local governments, law
enforcement and public safety;
e. Establish and prescribe plans, policies, programs and projects to promote
peace and order, ensure public safety and further strengthen the
administrative, technical and fiscal capabilities of local government offices and
personnel;
f. Formulate plans, policies and programs which will meet local emergencies
arising from natural and man-made disasters;
g. Establish a system of coordination and cooperation among the citizenry, local
executives and the Department, to ensure effective and efficient delivery of
basic services to the public;
h. Organize, train and equip primarily for the performance of police functions, a
police force that is national in scope and civilian in character.

National Agencies

The following discussions are the national agencies attached with the DILG as
provided for in "The Department of the Interior and Local Government Act of 1990"
and their roles in local governance and relationship with LGUs
PNP – Philippine National Police

Organization

National level - the PNP shall maintain its office in Metropolitan Manila which shall
house the directorial staff, service staff and special support units.

Regional level - the PNP shall have regional offices, including that of the National
Capital Region.

Provincial level - there shall be a PNP office, each headed by a provincial director. In
the case of large provinces, police districts may be established by the Commission to
be headed by a district director.

City or municipal level - there shall be a PNP station, each headed by a chief of
police.

Participation of Local Executives in the Administration of the PNP

Provincial Governor

(1) Power to Choose the Provincial Director

(2) Overseeing the Provincial Public Safety Plan Implementation.

City and Municipal Mayors

(1) Operational Supervision and Control.

The term “operational supervision and control” shall mean the power to direct,
superintend, oversee and inspect the police units and forces. It shall include the
power to employ and deploy units or elements of the PNP.

“Employ” refers to utilization of units or elements of the PNP for purposes of

protection of lives and properties, enforcement of laws, maintenance of peace and
order, prevention of crimes, arrest of criminal offenders and bringing the offenders
to justice, and ensuring public safety, particularly in the suppression of disorders,
riots, lawless violence, rebellious seditious conspiracy, insurgency, subversion or
other related activities.

“Deploy” shall mean the orderly organized physical movement of elements or units
of the PNP within the province, city or municipality for purposes of employment as
herein defined.

(2) Integrated Community Safety Plans.

(3) Administrative Disciplinary Powers

(4) Other Powers:

Authority to choose the chief of police from a list of five (5) eligibles recommended
by the provincial police director, preferably from the same province, city or
municipality.

Authority to recommend the transfer, reassignment or detail of PNP members

outside of their respective city or town residences; and

Authority to recommend, from a list of eligibles previously screened by the peace

and order council, the appointment of new members of the PNP to be assigned to
their respective cities or municipalities without which no such appointment shall be
attested.

BFP – Bureau of Fire Protection

Organization

Provincial level - there shall be an office of the provincial fire marshall which shall
implement the policies, plans and programs of the Department.

City or municipal level - there shall be a fire station, each headed by a city or
municipal fire marshall.

Role of LGUs

The local government units at the city and municipal levels shall be responsible for
the fire protection and various emergency services such as rescue and evacuation of
injured people at fire-related incidents and, in general, all fire prevention and
suppression measures to secure the safety of life and property of the citizenry.

BJMP - Bureau of Jail Management and Penology

The Jail Bureau shall exercise supervision and control over all city and municipal
jails. The provincial jails shall be supervised and controlled by the provincial
government within its jurisdiction, whose expenses shall be subsidized by the
National Government for not more than three (3) years.

X. Conclusion

Under the Local Government Code of 1991 (LGC), the Philippine local governments
were given increased autonomy, revenue-raising and expenditure responsibilities. At
the same time, the LGC instituted and governed the intergovernmental relations of
the different levels of the government. The IGR facilitate cooperation and
collaboration between the different levels of government and aims to promote local
autonomy. National-Local Relations are defined with the same cooperation and
collaboration with the same aim of promoting local autonomy and advancement of
decentralization.

QUESTION: Do you think the goal of the IGR mechanism, which is to strengthen
local autonomy and foster cooperation and collaboration, is successfully achieved in
the Philippines, particularly on the vertical IGR present and applied in the country?
REFERENCES:

Department of the Interior and Local Government Act of 1990. Retrieved from
https://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html

Diokno-Sicat, C.J. et al. (2020). Philippine Local Government Public Expenditure

Review: A Survey of National Government Local Government Support
Programs. Retrieved from https://think-asia.org/handle/11540/13031

Local Governance Reform Sector Development Program (n.d.). Asian Development

Bank. Retrieved from https://www.adb.org/sites/default/files/linked-
documents/52173-001-sd-01.pdf

Phillimore, J. (2013). Understanding Intergovernmental Relations: Key Features and

Trends. Australian Journal of Public Administration, vol. 72, no. 3, pp.
228–238. DOI: 10.1111/1467-8500.12025

Ramos, G. (2012). The potent power of supervision. Retrieved from

https://newsinfo.inquirer.net/128835/the-potent-power-of-supervision

The Local Government Code of 1991. Retrieved from

https://www.dilg.gov.ph/PDF_File/reports_resources/dilg-reports-
resources-2016120_fce005a61a.pdf

Yusingco, H.M. (n.d.) National Conference on Intergovernmental Relations. Retrieve

from https://www.iag.org.ph/think/1859-intergovernmental-relations-in-
the-philippines