 DECENTRALIZATION IN THE PHILIPPINES

 LOCAL GOVERNMENT CODE OF 1991

 LGC & DECENTRALIZATION

 GRAFT AND CORRUPTION
 One of the major initiatives aimed in the
continuing attempt to design & develop a more
responsive Philippine Public Administration,
culminating with the enactment of the Local
Government Code of 1991.

The Philippine’s Local Government Code of

1991, also known as RA 7160 has been lauded as
one of the BEST & MOST REVOLUTIONARY
REFORM LAWS in ASIA.
Decentralization
- transfer of powers from central government to
lower levels in a political-administrative & territorial
hierarchy.
- to allow for the participation of people & local
government.
- to hand over political, financial & administrative
authority from central to local governments, so that the
government can facilitate & guarantee better public
services for the people.
3 Components:

1. Political Decentralization

2. Fiscal Decentralization

3. Institutional Decentralization
 Also called as Devolution
Philippines is made up of thousands of islands,
making it difficult for a highly-centralized government to
manage. This is a major step to harmonize gender-culture
sensitive plans & budgets.
involves the transfer of powers & responsibilities
from national government agencies to local governments
as provided for in the Local Government Code
improves the modes of operation & cooperation
between executives, civil servants & citizens regarding
the principles of good governance.
3 Indicators of PD:
* Accountability – local committees
consisting of men & women work in selected LGUs
according to the guidelines of the LGC to implement
result-oriented & target-relevant decisions & measures.

* Transparency – selected LGUs & national

organizations/ departments publish their annual budgets
in media accessible to citizens such as newspapers,
bulletin boards at the town hall & churches; & report semi-
annually on the implementation status of programs in
citizen’s assemblies.
3 Indicators of PD:
* Responsibility and Participation – The
portion of programs and projects realized by LGUs
through active & quantifiable participation, such as job
performance & financial contributions of citizens.

PD focuses among others on improved planning &

monitoring of development measures, formulating
strategies for the active integration of civil society & the
economic sector, & the promotion of information
exchange & management.
Impact of PD
PD empowered Local Leaders to take
greater control over their region’s destinies. Local
Leaders, citizens & other stakeholders are given more
freedom in determining their development paths.
PD delegated some powers from the central
authority to the local authorities, who are much familiar
with the cultural, social & economic aspects of their
respective regions.
 The main objective is for the provinces, cities &
municipalities to use their financial resources more
efficiently, generate additional resources & tap alternative
resources.
The Medium Term Philippine Development Plan
2004-2010 (MTPDP) – specifies the need to maintain
fiscal discipline in government spending. It outlines
several measures to ensure that fiscal strength is
achieved. It calls for a strengthening of the revenue
generation effort of the LGUs.
 3 Indicators of FD:
 The dependency of the cooperating LGUs on
national funds is reduced (2005-2009) by generating
additional funds

 Improved fiscal systems, especially just taxation for a

measurable & transparent improvement of tax revenues

 The participating institutions (LGUs, selected gov’t

depts, ect) on national, regional & municipal level present
coordinated, harmonized and gender-sensitive
development plans & budgets are properly implemented.
Impact of FD
FD improved financial management including
qualification of participants in areas of financial
management, strengthening cooperation on different
levels, promoting exchange of experiences, formulating
strategies for an improved integration of the business
sector & civil society in social and economic programs.
A large part of the operations of the fiscal
decentralization focused on the optimization of
administrative processes & the standardization of the
application of the law for local taxes with the help of
information technology.
 - Also known as the Debureaucratization

- Involves the harnessing of the private

sector & non-governmental organizations in the
delivery of services through various modalities
including contracting out, private-public
partnership & joint ventures.
Focus:
- training staff members of partner organizations,
- promoting collaboration among the participating
Institutions
- monitoring the development of the programs and
projects being implemented.
- clarify roles &responsibilities of government
institutions - national & local
- enable efficient and effective interaction among
government, private sector & civil society
Impact of ID
- Better service delivery is a matter of coordination
& collaboration.
- Bridging & empowering the public & private
sectors of different regions in the country through forums,
seminars, workshops, studies & researches.
- Working within networks is a strategic element in
achieving sustainability, reliability and a broad effect,
especially for the forging of “strategic alliances”.
- Exchange of ideas & mutual understanding
among local chief executives, police & military is crucial in
achieving sustainable peace & development.
SEC 17 of LGC of 1991

BASIC SERVICES & FACILITIES:

LGUs shall endeavor to be self reliant & shall

continue exercising the powers & discharging the duties &
functions currently vested upon them. LGUs shall likewise
exercise such other powers & discharge such other
functions & responsibilities as are necessary, appropriate
or incidental to efficient & effective provision of the basic
services & facilities.
DEVOLVED BASIC SERVICES
ON HEALTH & SOCIAL SERVICES:
1) Implementation of programs & projects on primary
health care, maternal & child care, & communicable &
non-communicable disease control services;
2) Purchase of medicines, medical supplies & equipment
needed to carry out services;

3) Social welfare services which include programs &

projects on child & youth welfare, family & community
welfare, women’s welfare, elderly and disabled persons
welfare.
DEVOLVED BASIC SERVICES
ON ENVIRONMENTAL MANAGEMENT:
1) Solid waste disposal system;

2) Services or facilities related to hygiene & sanitation;

3) Implementation of community-based forestry projects

which include integrated social forestry programs &
similar projects;

4) Management & control of communal forests

DEVOLVED BASIC SERVICES
ON AGRICULTURE:
1) Inter – barangay irrigation system ;

2) Water & soil resource utilization & conservation

projects;

3) Enforcement of fishery laws in municipal waters

including the conservation of mangroves;
DEVOLVED BASIC SERVICES
ON INFRASTRUCTURE:

Maintenance & Rehabilitation of the following:

- roads, bridges & school buildings
- clinics, health centers & other health facilities
- fish ports, artesian wells, spring development,
rainwater collectors & other water supply systems
- seawalls, dikes, drainage sewerage & flood
control
- traffic signals & road signs & other similar
facilities
DEVOLVED BASIC SERVICES
ON TOURISM:

1) Tourism facilities & other tourist attractions

2) Acquisition of equipment

3) Regulation & supervision of business

concessions

4) Security services for such facilities

Sec 447 of LGC of 1991

POWERS, DUTIES, FUNCTIONS & COMPENSATION

The Sangguniang Bayan, as the legislative body of the
municipality shall:

- enact ordinances, approve regulations & appropriate

funds for the general welfare o the municipality & its
inhabitants.
- review all approved ordinances & executive orders
issued by Punong Barangay to determine whether these
are within the scope of the prescribed powers of the SB &
PB
Sec 447 of LGC of 1991

ORGANIZATIONAL STRUCTURE & STAFFING PATTERN

The Sangguniang Bayan, as the legislative body of the
municipality shall:
- determine the powers & duties of officials &
employees of the municipality
- determine the positions & salaries, wages,
allowances & other emoluments & benefits of officials &
employees paid wholly or mainly from municipal funds &
provide for expenditures necessary for the proper conduct
of programs, projects, services & activities.
Taking Care of People Negros Oriental
&Environment
Saving the Marikina River Marikina City
Acquiring a Complete Equipment Muñoz, Nueva Ecija
Pool
Floating Bonds for Low Cost Victorias, Negros
Housing Occ
Improving the Productivity Naga City
Lote Para sa Mahirap: Land San Carlos City
Banking
Eco-Walk for the Environment Baguio City
Health Insurance Project Guimaras Province
Inter-local cooperation: MIGEDZI Iloilo and Guimaras
(Metro-Iloilo Guimaras Economic
Development Council
GPook (poverty reduction Concepcion, Iloilo
program, population health and
environment program) and LGLA

Bond Flotation for Tourism Caticlan, Aklan

Development: the Boracay-Aklan
Provincial Bond
Implementing a fiscal mngmnt Gingoog City
system
Tax mapping, Computerization Santa Rosa, Laguna
 The LGC has given impetus not only to the local
government itself, but the rest of the stakeholders in
governance.
Decentralization as a framework of governance serves
as a tool in building the capacities of both government &
non-government actors in engaging each in managing
societal affairs. The cases on best practices have proven
this claim.
Decentralization has provided a democratized space
where LGUs are able to transform themselves into self-
reliant communities & be more independent in managing
their own affairs.
 In the name of democratic governance, national
government may guide local governments & provide
policies & technical expertise but they must recognize
that in the principle of subsidiarity, the decentralized
entity - the LGU, is the nearest to the people.

LGU’s, in order to work smoothly with the national

government, should align their development plans along
with the national government’s policies but focus more
on what development needs are to be met in their
community. Thus, the central/national government & the
LGUs should not look at each other as competitors in
service delivery but as active partners in governing.
 Graft is the acquisition of money, position, etc by
dishonest or questionable means, by taking
advantage of public officer to obtain fees, perquisites,
profits on contracts or legislation, or pay for work not
done, or service not performed. It is singly committed.
Corruption is an improper consideration to
commit a violation of duty, impairment of integrity,
virtue or moral principle. It is done in collusion with
others.
 Corruption or the “misuse of public power for private
profit” inhibits growth & development, distorts access to
services for poor communities, undermines public
confidence in the government’s will & capacity to serve the
public. It also deters trade & investments, reduces
revenues, increases costs, & propagates wasteful allocation
& use of scarce resources.

Negative consequences of corruption are prevalent

through favoring vested or selfish interests of a person or
entity. Officials & employees of the government tend to
neglect the very purpose of civil servants & that is to serve
the public interest with utmost fidelity.
 Tolerating corruption encourages negative & poor
bureaucratic behavior of anyone in the service. In effect,
it ruins public trust & confidence in the government.

With regard to public personnel, corruption

undermines merit & fitness system & inhibits civil
servant motivation to uphold integrity. Moreover,
corruption leads to poor quality of programs, projects &
services; ineffective, inefficient & unaccountable
administration.
 PRESIDENTIAL AGENCIES
& NON-GOVERNMENT ORGANIZATIONS

- President’s Committee on Public Ethics & Accountability

(PCPEA)
- Presidential Anti-Graft Commission (PAGC)
- National Coalition of Transparency – launched in 1989,
composed of over 30 anti-corruption NGOs
- National Citizens Movement for Free Elections (NAMFREL)
- Anti-Police Scalawag (APSG)
- Graft Free Philippines Foundation Inc.
 OTHER INITIATIVES

Other initiatives address the socio-cultural environment which

permits graft & corruption. This includes the 1987 Senate
resolution to study strengths and weaknesses of Filipino
character, with a view toward strengthening anti-corruption
values and attitudes in the society
- Aquino’s “Values Education Program” in 1988
- Ramos’ “Moral Recovery Program” in 1992
- Estrada’s Philippine Jaycee Senate
LAWS TO FIGHT GRAFT & CORRUPTION
- RA 6770, the Ombudsman Act of 1989
- RA 8249, an Act further defining the Jurisdiction of the Sandiganbayan,
amending for the purpose of PD 1606
- RA 7975, an Act to strengthen the functional & structural organization of the
Sandiganbayan, amending PD 1606
- RA 3019, Anti-Graft & Corrupt Practices Act
- RA 185, an Act amending sections 8,-11 &13 of RA 3019
- PD 677, amending section 7 of RA 3019
- RA 6713, Code of Conduct & Ethical Standards for Public Officials &
employees
- RA 7080, an Act defining & Penalizing the crime of Plunder
- RA 1379, an Act declaring forfeiture in favor of the state any property found

to have been unlawfully acquired by any public officer or employee

- PD 749, Granting Immunity from Prosecution to givers of Bribes & other
gifts
LAWS TO FIGHT GRAFT & CORRUPTION
- RA 6028, Citizens Counselor Act of 1969, an Act to promote higher
standards of efficiency and justice in the administration of laws as well as to
better secure the right of the people to petition the government fore redress
of grievances creating therefor the office of the Citizen’s Counselor.
- PD 6, amending certain rules on discipline of Gov’t Officials & Employees
- PD 46, making it punishable for public officials & employees to receive & for
private persons to give gifts on any occasion, including Christmas
- Proclamation No 189, President Joseph E Estrada’s declaration of War
against Graft and Corruption
- EO 317, Prescribing a Code of Conduct for relatives & Close Personal
Relations of the President, Vice-President & members of the Cabinet
- EO 12, creating the Presidential Anti-Graft Commission & providing for its
powers, duties & functions, repealing EO 268 (an Act creating Anti-
Corruption Commission against Graft & Corruption, created under EO 151)
LAWS TO FIGHT GRAFT & CORRUPTION
- RA 6028, Citizens Counselor Act of 1969, an Act to promote higher
standards of efficiency and justice in the administration of laws as well as to
better secure the right of the people to petition the government fore redress
of grievances creating therefor the office of the Citizen’s Counselor.
- PD 6, amending certain rules on discipline of Gov’t Officials & Employees
- PD 46, making it punishable for public officials & employees to receive & for
private persons to give gifts on any occasion, including Christmas
- Proclamation No 189, President Joseph E Estrada’s declaration of War
against Graft and Corruption
- EO 317, Prescribing a Code of Conduct for relatives & Close Personal
Relations of the President, Vice-President & members of the Cabinet
- EO 12, creating the Presidential Anti-Graft Commission & providing for its
powers, duties & functions, repealing EO 268 (an Act creating Anti-
Corruption Commission against Graft & Corruption, created under EO 151)
LAWS TO FIGHT GRAFT & CORRUPTION
- EO 327, amending EO 12 dtd 16 Apr 200. “creating the Presidential Anti-
Graft Commission & Providing for its powers, duties and functions.

- EO 531-A, amending EO 531, s 2006, to further strengthen the Presidential

Anti-Graft Commission

- RA 242, an Act prescribing the period within which a denounced public

officer may bring action against an informant or witness who gave false or
malicious testimony, amending for the purpose Sec 2 of PD 7041, “Granting
immunity from prosecution to givers of bribes & other gifts & to their
accomplices in bribery & other graft cases against public officers.

- PD 807, Civil Service Decree of the Philippines

 “MY DREAMS ARE WORTHLESS, MY
PLANS ARE DUST, UNLESS THEY ARE
COVERED WITH ACTIONS…
I WILL ACT NOW ”

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MANDINO
THE GREATEST SALESMAN IN THE
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