Local Governments, Civil Society, Democratization, and Development
129
Source: GalingPook Founda on List of Awardees, 1994-2010
Table 7. Total number of LGUs per level and % of GalingPook
Awardees from 1994-2010
Three restrictions
Decentralization's fulllment of its vaunted objectives—of local
governments that efciently use and mobilize resources to efciently deliver
services and create an environment that would support local
development—has been restricted by three aws—statutory, organizational, and
systemic.
Statutory aws
There are two16 worth discussing. The rst is the result of the nonimplementation of sectoral representation in the local legislative councils. The
specic 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 led their opposition to the election of sectoral
representatives in 1992 (Cubol 1993). In response, in 1993, a case was led 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 unfullled.
The second aw lies in the scal provisions in the LGC, which are found to
be archaic and limiting. As noted by Guevara (2004):
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