A. Principles of Local Autonomy

B. Principles of Local Autonomy

Section 2, Art. X of the Constitution provides that LGUs “shall enjoy local autonomy.” This is decentralization of administration and not decentralization of power. (Limbona v. Conte Mangelin,G.R. 80391, 1989).

Declaration of Policy

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.

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 State shall ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum.

All national agencies are required to conduct periodic consultations with the appropriate LGUs, NGOs, people’s organizations and other concerned sectors before any project or program is implemented in their respective jurisdictions.

Local government unit - a political subdivision constituted by law and possessed of substantial control over its own affairs.

Local Autonomy - can be considered a measure of decentralization of the functions of government. This means that local governments have certain powers given by the Constitution which may not be curtailed by the national government, beyond these, local governments may not enact ordinances contrary to the statute.

Does local autonomy make the local government sovereign within a State?

No. The principle of local autonomy under the Constitution simply means ‘decentralization’. It does not make the local government sovereign within a State or an imperium in imperio. (Basco v. PAGCOR, GR No 91649, May 14, 1991).

Devolution - it refers to the act by which the national government confers power upon the various LGUs  to perform specific functions. It is mandatory under the LGC.

Decentralization - it is the devolution of national administration, not power, to the local levels, in which local officials remain accountable to the central government in the manner the law may provide.

Updated: Decentralization may delegate authority and decision-making to local units without making them sovereign (Mandanas v. Executive Secretary Paquito N. Ochoa, G.R. No. 199802, 3 July 2018).

Local Governments

Pursuant to the State policy on local autonomy, the fundamental powers of the State were delegated to local governments, subject to restrictions imposed by Congress. The general law in this regard is the Local Government Code (LGC).

The purpose for which the foregoing powers have been delegated is to enable local authorities to attend to local concerns in an effective and meaningful manner, instead of relying too much on the national government, whose attention would otherwise be diffuse over a multitude of local concerns. (Gorospe, 2016)

Levels of Decentralization or Kinds of Autonomy

• Administrative Autonomy or Decentralization of Administration - the central government delegates administrative powers to the political subdivisions.

Fiscal Autonomy

Means that local government units have the power to create their own sources of revenue in addition to their equitable share in the tax collection released by the government and the power to allocate resources in accordance with their own priorities. (Pimentel v. Aguirre, G.R. 132988, 2000).

Updated: Local fiscal autonomy includes the power to raise revenue and set spending priorities, but Congress may limit local taxing powers (City of Pasig v. Salumbre, G.R. No. 181710, 7 March 2018).