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Local government in the Philippines#Legislatures
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{{Short description|Subnational government divisions in the Philippines}}{{update|date=December 2020}}{{Use mdy dates|date=May 2020}}{{Use Philippine English|date=January 2023}}{{Politics of the Philippines}}In the Philippines, local government is divided into three levels: provinces and independent cities, component cities and municipalities, and barangays, all of which are collectively known as local government units (LGUs). In some areas, above provinces and independent chartered cities are autonomous regions, such as the Bangsamoro Autonomous Region in Muslim Mindanao. Some towns and cities remit their revenue to national government and is returned through the national government through a process called internal revenue allotment. Below barangays in some cities and municipalities are sitios and puroks. All of these, with the exception of sitios and puroks, elect their own executives and legislatures. Sitios and puroks are often but not necessarily led by an elected barangay councilor.Provinces and independent cities are organized into national government regions but those are administrative regions and not separately governed areas with their own elected governments.According to the Constitution of the Philippines, the local governments "shall enjoy local autonomy", and in which the Philippine president exercises "general supervision". Congress enacted the Local Government Code of the Philippines in 1991 to "provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of local units."PH ACT,weblink Local Government Code of 1991, RA, 7160, Official Gazette (Philippines), The Official Gazette, 1991-10-10, Congress of the Philippines, 2023-12-18, WEB
,weblink
, The Constitution of the Republic of the Philippines
, www.gov.ph
, November 12, 2015
, Local government units are under the control and supervision of the Department of the Interior and Local Government. The DILG (National Office Unit) makes these units centralized again, escorting' with the province representative, the barrio level laws up to the congress specifically at the senate, to be approved and sign by the president.

Levels of local government

{{Philippine LGU hierarchy}}

Autonomous regions

Autonomous regions have more powers than other local governments. The constitution limits the creation of autonomous regions to Muslim Mindanao and the Cordilleras but only one autonomous region exists: the Bangsamoro, which replaced the Autonomous Region in Muslim Mindanao (ARMM). In 1989, a plebiscite established the ARMM. In 2001, a plebiscite in the ARMM confirmed the previous composition of the autonomous region and added Basilan (except for the city of Isabela) and Marawi in Lanao del Sur. Isabela City remains a part of the province of Basilan despite rejecting inclusion in the ARMM. In 2019, another plebiscite confirmed the replacement of the ARMM with the Bangsamoro, and added Cotabato City and 63 barangays in Cotabato.A Cordillera Autonomous Region has never been formed because two plebiscites, in 1990 and 1998, both resulted in just one province supporting autonomy; this led the Supreme Court ruling that autonomous regions should not be composed of just one province.Each autonomous region has a unique form of government. The ARMM had a regional governor and a regional legislative assembly, mimicking the presidential system of the national government. The Bangsamoro will have a chief minister responsible to parliament, with parliament appointing a wa'lī, or a ceremonial governor, in a parliamentary system.

Provinces

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

Cities and municipalities

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

Barangays

Every city and municipality in the Philippines is divided into barangays, the smallest of the local government units. Barangays can be further divided into sitios and puroks but those divisions do not have leaders elected in formal elections supervised by the national government.A barangay's executive is the Punong Barangay or barangay captain and its legislature is the Sangguniang Barangay, composed of barangay captain, the Barangay Kagawads (barangay councilors) and the SK chairman. The SK Chairman is the head of Sangguniang Kabataan which is composed of 1 SK Chairperson and 7 SK Kagawads that also leads the assembly for youth, the (:Category:Katipunan ng Kabataan|Katipunan ng Kabataan) or KK.

Offices

Local governments have two branches: executive and legislative. All courts in the Philippines are under the Supreme Court of the Philippines and therefore there are no local-government controlled judicial branches. Nor do local governments have any prosecutors or public defenders, as those are under the jurisdiction of the national government.The executive branch is composed of the Wali as the head of region and Chief Minister as the head of government for the Bangsamoro, governor for the provinces, mayor for the cities and municipalities, and the barangay captain for the barangays.Local Government Code of the Philippines, Book III {{webarchive|url=https://web.archive.org/web/20141031103531weblink |date=October 31, 2014 }}, Department of the Interior and Local Government official website.

Legislatures

The legislatures review the ordinances and resolutions enacted by the legislatures below. Aside from regular and ex-officio members, the legislatures above the barangay level also have three sectoral representatives, one each from women, agricultural or industrial workers, and other sectors.{|class=wikitable!Level of government !! Legislature !! Composition !! Head
Bangsamoro Parliament>Parliament
  • total of 80 members:
    • 40 seats in a party-list system of allocation
    • 32 seats, 1 elected from each district
    • 8 reserved seats:
      • 2 from non-Moro indigenous peoples
      • 2 from settler communities
      • 1 for women
      • 1 for youth
      • 1 for traditional leaders
      • 1 for the Ulama| Speaker
Sangguniang Panlalawigan{{efn>Provinces that comprise a single congressional district are divided into two SP districts. For provinces comprising multiple Legislative districts of the Philippines, boundaries of SP and congressional districts are coterminous, with the exception of the following: • Cities of the Philippines#Independent cities>Independent cities which are not allowed by law to participate in electing provincial officials are excluded from SP districts. • The cities of Biñan and San Jose del Monte, despite forming their separate congressional districts, remain part of the Laguna Provincial Board#1st District of Laguna (province)>Laguna and the Bulacan Provincial Board#4th District of Bulacan.}} >|
Sangguniang Panlungsod{{efn>The number of city council members and districts varies per city, as determined by different statutes. For cities comprising multiple congressional districts, boundaries of city council districts are coterminous with Legislative districts of the Philippines, with the exception of the Legislative district of Taguig-Pateros which encompasses the 2nd SP district of Taguig and the 1st and 2nd SB districts of Pateros. By law, some cities that are not divided into multiple congressional districts are specifically divided into two (Bacoor, Calbayog, Las Piñas, Malabon, Mandaluyong, Muntinlupa, Navotas, Pasay, Pasig, San Juan, Metro Manila>San Juan, San Jose del Monte, Valenzuela, Metro Manila) or three (Samal, Davao del Norte>Samal, Sorsogon City) city council districts.}}
Sangguniang Bayan >|
  • varies, as of 2016:
    • Pateros: 12 councilors, 6 elected from each district
    • All other municipalities: 8 councilors, elected at-large
  • President of the municipal chapter of the Liga ng mga Barangay
  • President of the municipal federation of the Sangguniang Kabataan
  • Sectoral representatives| Municipal Vice Mayor
Barangay Sangguniang Barangay
  • 7 members elected at-large
  • Sangguniang Kabataan chairperson| Barangay Captain/Barangay Chairman
|Sangguniang Kabataan|
  • 7 members elected at-large| Sangguniang Kabataan Chairperson
{{notelist|30em}}

Elected officials

All elected officials have 3-year terms, save for the wa'lī which is six years, and can only serve a maximum of three consecutive terms before being ineligible for reelection.Local Government Code, Book I {{webarchive|url=https://web.archive.org/web/20080508193627weblink |date=May 8, 2008 }}, Department of the Interior and Local Government official website.{|class=wikitable!LGU !!Official !! Minimum age (18 is the voting ageNEWS, Terra, Quismundo, Election law must prevail over culture, says Abalos, Philippine Daily Inquirer, May 29, 2007, March 27, 2009,weblink )
Autonomous region|Wa'lī (Regional Chief Executive)NUMBER=11054PUBLISHER=OFFICIAL GAZETTE (PHILIPPINES)>DATE=2018-07-27, 2023-12-18, (Same as the President and Vice President of the Philippines)
| 25 years old on election day
| Same as chief minister
Provinces| 23 years old on election day
| Same as governor
| Same as governor
Highly urbanized cities| Same as governor
| Same as governor
| Same as governor
Independent component and component cities| 21 years old on election day
| Same as independent component and component city mayor
| Same as independent component and component city mayor
Municipalities| Same as independent component and component city mayor
| Same as independent component and component city mayor
| Same as independent component and component city mayor
Barangay| 18 years old on election day
| Same as Punong Barangay
| 18 to 24 years old on election day
| Same as Sangguniang Kabataan chairperson*
  • a Sangguniang Kabataan official who has surpassed 21 years of age while in office is allowed to serve for the rest of the term.

Offices that are common to municipalities, cities and provinces

There are 44 offices in a government, whether it is municipal, city or provincial. There are some mandatory and optional offices to the government.{| class="wikitable"! Office !! Head !!width=10%|Municipality !!width=10%|City !!width=10%|Province
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{No}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Optional}}
| {{Optional}}
| {{Optional}}
| {{Optional}}
| {{Yes}}
| {{Optional}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{No}}
| {{No}}
| {{No}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{No}}
| {{No}}
| {{No}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
| {{No}}
| {{Yes}}
| {{Yes}}
| {{Yes}}
Source: Local Government Code of 1991WEB,weblink Local Government Code of 1991 (Book III: Local Government Units), November 6, 2010, Chan Robles Virtual Law Library,

Responsibilities

Among the social services and facilities that local government should provide, as stipulated in Section 17 of the Local Government Code, are the following:
  • facilities and research services for agriculture and fishery activities, which include seedling nurseries, demonstration farms, and irrigation systems;
  • health services, which include access to primary health care, maternal and child care, and medicines, medical supplies and equipment;
  • social welfare services, which include programs and projects for women, children, elderly, and persons with disabilities, as well as vagrants, beggars, street children, juvenile delinquents, and victims of drug abuse;
  • information services, which include job placement information systems and a public library;
  • a solid waste disposal system or environmental management system;
  • municipal/city/provincial buildings, cultural centers, public parks, playgrounds, and sports facilities and equipment;
  • infrastructure facilities such as roads, bridges, school buildings, health clinics, fish ports, water supply systems, seawalls, dikes, drainage and sewerage, and traffic signals and road signs;
  • state/local colleges and universities;
  • public markets, slaughterhouses, and other local enterprises;
  • public cemeteries, memorial parks/gardens, and columbariums;
  • tourism facilities and other tourist attractions; and
  • sites for police and fire stations and substations and municipal jail.
  • water districts

Creation and modification

As a matter of principle, higher legislative entities have the power to create, divide, merge, abolish, or substantially alter boundaries of any lower-level local government through a law or ordinance, all subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Commission on Elections (COMELEC) in the local government unit or units directly affected. The Local Government Code has also set requisites for creating local government units. A summary can be found in the table below:{| class="wikitable"! Local government! Area! Population! Income! Legislative bodies that can create, merge, abolish or substantially alter the boundaries of the LGU
| Province
2000sqminame=require|Either area or population; meeting only one of these requirements is sufficient}}name=require}}Philippine peso>₱20 million for the last two consecutive years based on 1991 constant prices|
| City
100sqminame=require}}name=require}}Philippine peso>₱100 million for the last two consecutive years based on 2000 constant pricesHTTP://WWW.CHANROBLES.COM/REPUBLICACTNO9009.HTML>CHAMBER=RATITLE=AN ACT AMENDING SEC. 450 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, BY INCREASING THE AVERAGE ANNUAL INCOME REQUIREMENT FOR A MUNICIPALITY OR CLUSTER OF BARANGAYS TO BE CONVERTED INTO A COMPONENT CITYPUBLISHER=CHANROBLES LAW LIBRARY, 2023-12-18, |
| Municipality
50sqmi|sp=us}}| 25,000Philippine peso>₱2.5 million for the last two consecutive years based on 1991 constant prices|
| Barangay| None
In Metro Manila and highly urbanized cities.}}2,000{{efn|Rest of the country.}}| None|

See also

Notes

{{notelist}}

References

{{Reflist}}

Further reading

  • BOOK, Tigno, Jorge V., Yasutami Shimomura, The Role of Governance in Asia, 2003, Institute of Southeast Asian Studies, 9789812301970, 253–315,weblink Economic Viability and Local Governance: The Political Economy of Decentralization in the Philippines,
{{Asia topic|Local government in}}{{Philippines topics}}{{Authority control}}

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