Revisiting the Local Government Code

Senator Aquilino Q. Pimentel, Jr. hit the nail right of the head when he voiced that some provisions of the Local Government Code must be amended.  This is to further strengthen local government units towards the eventual objective that is local empowerment.

Senator Pimentel, who is chairman of the Senate Committee on Local Government, admitted that the Code, which was enacted in 1991 during the administration of President Corazon C. Aquino, is not a perfect document, hence, it must be reviewed or revisited every five years.

In the entire nine years of the implementation of the Code, the devolution of government powers and functions to the local government units has been a smashing success.  There was a significant increase of the LGU's Internal Revenue allotment (IRA) but this is simply not enough especially for the fourth to sixth class LGUs, to meet the challenges of devolution.

Senate Bill 2064, authored by Senator Pimentel, known as "An Act to Strengthen Local Government Units by Amending Certain Provisions of Republic Act 7160" proposes more than 85 amendments to the LG Code.  These amendments may be clustered in the areas of principles and policies and intergovernmental relations; devolution of powers and functions; revenue sources and fiscal management, structures and systems; and popular participation.

At the 3rd hearing in a series of across-the-country public consultation at the Cagayan State University (CSU) Gymnasium, Tuguegarao City on august 11, 2000 Senator Pimentel, together with Senators Juan Ponce Enrile, Juan Flavier, Sergio Osmeña III, and Rodolfo Biazon, said the bill proposes to emphasize that, as one operative principle of decentralization, the LGUs shall enjoy fiscal autonomy and exercise primary authority to allocate, utilize and dispose of funds generated by them or allotted to them, and to remove from the Department of Budget and Management (DBM) the authority to review appropriation ordinances of provinces, highly urbanize cities, independent component cities, and MMA municipalities.

Further, the bill seeks to empower LGUs to regulate or prohibit gambling and other activities that may adversely affect the morals, well-being and good order of inhabitant in their communities.  It also seeks to devolve to barangays roads, bridges and water supply (not only "maintenance" as currently provided).  To municipalities, the bill seeks to devolve fire protection service (currently undertaken by the Bureau of Fire Protection) and acquisition of lands for tourism purposes, among others.  On the other hand, the bill proposes to devolve to provinces purchase of drugs and medicine currently undertaken by central government; integration and monitoring of health-related projects and services in the province; public works and infrastructure projects, including those funded by central government budget, national roads, bridges, ports, telecommunications and  transportation services and facilities.

There are many other amendments to the LG Code which the Senate Bill 2064 proposes.  These amendments are all aimed at improving the nine-year law pre se, strengthening local autonomy and making better the delivery of basic services to the people.

The reactions of the majority of those who attended the plenary session of the public hearing, including the local elective officials and heads of national government agencies, indicate that they are in favor of amending certain provisions of the LG Code of 1991.

Senator Pimentel's group will traverse to the other regions of the country to conduct similar public haring.  It is hoped that people from these regions will speak with one solid voice supporting certain provisions of the Local Government Code.