The Local Government Code celebrated its 32nd anniversary this week. Passed in 1991, the law operationalizes the Constitutional mandate of local autonomy, and espouses decentralized democracy, which strengthens the local government’s fiscal and administrative autonomy and allows for increased peoples’ participation in governance.
More than three decades later, were LGUs able to implement and perform the duties devolved to them by the Code?
On local autonomy
Some local governments maximize local autonomy in respecting, protecting and fulfilling human rights. These LGUs pass progressive local ordinances, such as anti-gender-based violence and harassment ordinances, anti-prostitution ordinances, moratorium on extractives and dirty energy, establishing watersheds and marine sanctuaries and people empowerment ordinances, among others. These progressive ordinances lead to better services for the people, and often become a blueprint for national policies.
In terms of fiscal autonomy, the Supreme Court’s Mandanas-Garcia ruling became effective in 2022, which increased the share of LGUs on national revenue. Although this intervention from the High Court was welcomed, the increased allocation is still not enough. Most LGUs still cannot perform the duties devolved to them by the Code due to lack of capacity and financial resources, causing them to still depend on the national government.
In addition, some cities receive a larger allocation of budget than municipalities. This means they are more capable of providing services to their constituents, leaving behind less-developed municipalities struggling to provide even basic services due to budget limitations.
On people’s participation
The LGC also established mechanisms for civil society and the private sector to participate in local governance, such as sectoral representatives in local councils and membership in local development councils (LDCs) and local special bodies (LSBs). However, these mechanisms are often implemented as mere compliance and not based on what the code envisions. Moreover, there is no enabling law that determines the selection process for local sectoral representation.
Red-tagging and patronage politics also contribute to the decrease of people’s participation. Some LGUs do not accredit civil society organizations (CSOs) that are red-tagged and not affiliated to local politicians, which means it is difficult for them to get support for projects and invitations to participate in development planning committees.
Thus, the Alternative Law Groups call for the passage of the People Empowerment Bill, which mandates the creation of Local People’s Councils – composed of CSOs – who can engage in the development and implementation of LGU programs, projects and activities and propose pro-people legislations to the Local Sanggunian.
The coalition also calls on the lawmakers to pass a legislation on the manner of selecting local sectoral representatives for genuine participation of the marginalized sectors in local policy-making processes. We call for greater coordination between the national and local government units for the stronger implementation of the Local Government Code of 1991 for LGUs to be truly responsive and accountable to their constituencies.
The full implementation of the LGC allows for democracy to prosper in the country, increases access to justice for the Filipino people, and ensures greater people’s participation in governance.
Signatories:
- Ateneo Human Rights Center
- BALAOD Mindanaw
- Children’s Legal Bureau, Inc.
- ERDA Foundation, Inc.
- Environmental Legal Assistance Center, Inc. – ELAC
- Humanitarian Legal Assistance Foundation, Inc – HLAF
- KAISAHAN
- Kanlungan Centre Foundation Inc.
- Legal Rights and Natural Resources Center
- Process Panay
- SALIGAN
- Tanggapang Panligal ng Katutubong Pilipino
- Tanggol Kalikasan Inc.