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The Curious Cases of Philippine Civil Society and Decentralization
Table 7. Total number of LGUs per level and % of GalingPook Awardees
from 1994-2010
LGU LEVEL/ITEMS
Number of LGUs per
level
Total Number of GPF
Awardees
% of total distinct GPF
to total LGUs
BGY
MUN
CITY
PROV
TOTAL
42025
1512
122
80
43739
10
89
36
38
173
0.02%
5.89%
29.51%
47.50%
0.40%
Three restrictions
Decentralization's fulfillment of its vaunted objectives—of local
governments that efficiently use and mobilize resources to efficiently deliver
services and create an environment that would support local
development—has been restricted by three flaws—statutory, organizational,
and systemic.
Statutory flaws
There are two statutory flaws16 worth discussing. The first is the result of
the non-implementation of sectoral representation in the local legislative
councils. The specific provisions that have been the source of contention are
Sections 41 and 446 of the LGC. Though these provisions call for sectoral
representation (with three sectoral representatives) both had the phrase “as
may be provided by law.” Given the lack of an enabling law, the League of
Municipalities and the Philippine Councilors League filed their opposition to
the election of sectoral representatives in 1992 (Cubol 1993). In response, in
1993, a case was filed by sectoral representatives with the Supreme Court to
compel the COMELEC to set the date and call for the elections of sectoral
representatives to the Sanggunian. The case was subsequently dismissed by the
Supreme Court as it declared that there was no “justiciable controversy” (Agra
1997). Thus, despite the fact that one city, Naga City, already passed an
ordinance that secures sectoral representation, the election of sectoral
representatives to the Sanggunian remains unfulfilled.
The second flaw lies in the fiscal provisions in the LGC, which are found to
be archaic and limiting. As noted by Guevara (2004):
(T)he framework that supports the fiscal provisions of the Code is of martial
law vintage. The taxing powers that LGUs enjoy are those that they have been
enjoying since 1973. The tax bases have remained the same…The real property
tax, which is expected to bring in the revenues to LGUs, is acknowledged as an
expensive and a difficult tax to levy…Estimates show that many LGUs spend
more to collect a peso of the tax…The grant system is also of martial law
vintage. The differences in the pre- and post- devolution IRA structure are
17
marginal.
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