dumaug: re-engineering local government
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REENGINEERING
REENGINEERING&LOCAL
GOVERNMENTS NGOsTOWARDS GOOD
GOVERNANCE
To put the world right in order, we must first put the nation in order; to put the nation in
order, we must first put the family in order; to put the
family in order, we must first cultivate
our personal life; we must first set our
hearts right.
Confucius
SUBSIDIARITY
SUBSIDIARITYDecentralizati
on regardless of ideology or political theoryFederalism
as a type of Government
Autonomya political program in a
centralized government
SUBSIDIARITYCONVICTION
ON HUMAN
DIGNITYHUMAN
PERSON ISNATURALLY
SOCIALORIENTED TOWARDS FREEDOM
SUBSIDIARITYELEMENTS:
1. NON-ARROGATION2. EMPOWERMENT3. COLLABORATIVE
PLURALISM
SUBSIDIARITY
Pope Leo XIIIRerum Novarum1891
Pope Pius XIQuadragesimo Anno
1931
Konrad AdenauerChristian DemocracySocial Market Economy
1949
SUBSIDIARITY
How do we value democracy, human
dignity and accountability in the Local Government?
To what extent do you agree that reengineering
means strengthening local democracy?
TALKING POINTS
How are we going to assess the relationship of
the LGU Officials, its legislative district
representative and the civil society or the NGO in
terms of promoting democracy, transparency and accountability in the
local government particularly in the area of
curbing graft and corruption and solving the
hardening poverty?
TALKING POINTS
TALKING POINTS
Are local democracies equal among the local
government unit all over the country?
Local government units are the creation and a
mechanism of the central government but, because of local autonomy, is not
subservient. To what extent do you agree?
1RATIONALEFOR THE LOCAL GOVERNMENT’SEXISTENCE
LGU’s EXISTENCE:TWO-FOLD
PURPOSE1. ADMINISTRATIVE2. REPRESENTATION
REPRESENTATION“REPUBLICAN,
MADAME, IF YOU CAN
KEEP IT.”
2CREATIONANDSTRUCTURES OFLOCAL GOVERNMENTS
Easton and Almond’s GENERAL SYSTEMS THEORY: A political system has subsystems part of the entire system with assigned functions and enabling empowerment, resources, authority, etc. to perform and carry out their responsibilities optimally
3FEDERAL AND UNITARY STATES
AS TO IDEOLOGY OR NUMBEROF PEOPLE LEADINGMONARCHY
OLIGARCHYDEMOCRACY
AS TO THE RELATIONSHIP BETWEEN THE EXECUTIVE AND LEGISLATIVE BRANCH
PRESIDENTIALPARLIAMENTARY
AS TO THE RELATIONSHIP BETWEEN THE NATIONAL AND THE LOCAL GOVERNMENTS
UNITARYFEDERAL
PHILIPPINE POLITICAL SYSTEMDEMOCRATIC, REPUBLICAN,PRESIDENTIAL AND UNITARY.
PHILIPPINE POLITICAL SYSTEMDEMOCRATIC, REPUBLICAN,PRESIDENTIAL AND UNITARY. DEMOCRATIC, REPUBLICAN,PRESIDENTIAL AND FEDERAL. DEMOCRATIC, REPUBLICAN,PARLIAMENTARY AND FEDERAL. DEMOCRATIC, REPUBLICAN,PARLIAMENTARY AND UNITARY.
STATE
TYPE OF GOVERNMENT LEADERS
As to Persons Ruling As Between the Executive & Legislative
As Between National and Local Head of State Head of Government
Luxembourg Democratic Constitutional Monarchy Parliamentary District King Prime Minister
Norway Democratic Constitutional Monarchy Parliamentary Unitary King Prime Minister
Switzerland Democratic Republican Parliamentary Federal Federal Council President
Qatar Monarchy Absolute Monarchy Emirate Unitary Emir Emir
Denmark Democratic Constitutional Monarchy Parliamentary Unitary Queen Prime Minister
Ireland Democratic Republican Parliamentary Counties President Prime Minister
Netherlands Democratic Constitutional Monarchy Parliamentary Administrative Regions Queen Prime Minister
United States Democratic Republican Presidential Federal President President
Austria Democratic Republican Parliamentary Federal President Chancellor
United Arab Emirates Monarchy Absolute Monarchy Presidential Federal President Prime Minister
Australia Democratic Constitutional Monarchy Parliamentary Federal Queen Prime Minister
Finland Democratic Republican Parliamentary Municipalities President Prime Minister
Belgium Democratic Constitutional Monarchy Parliamentary Federal King Prime Minister
Sweden Democratic Constitutional Monarchy Parliamentary Unitary King Prime Minister
France Democratic Republican Semi-Presidential Unitary President President/Prime Minister
Germany Democratic Republican Parliamentary Federal President Chancellor
Japan Democratic Constitutional Monarchy Parliamentary Unitary Emperor Prime Minister
Canada Democratic Constitutional Monarchy Parliamentary Federal Queen Prime Minister
Iceland Democratic Republican Parliamentary Unitary President Prime Minister
Singapore Democratic Republican Parliamentary Unitary President President/Prime Minister
United Kingdom Democratic Constitutional Monarchy Parliamentary Unitary Queen Prime Minister
Spain Democratic Constitutional Monarchy Parliamentary Autonomous Regions King Prime Minister
Italy Democratic Republican Parliamentary Regionalised Unitary President Prime Minister
Russia Democratic Republican Parliamentary Federal President President/Prime Minister
federalism*
• Division of powers and responsibilities
• Enacted written constitution
• Independent judiciary and sole arbiter on conflict of jurisdiction
• Co-Equal Supremacy of the different levels
*Kenneth C. Wheare, Father of ModernFederalism
10 YARDSTICKS OF FEDERALISM
1 2 3 4 5
6 7 8 9 10
Exclusive Control
on Foreign Relations
Immunity Against
Secession
Independence of CentralAuthority
Amendingthe
FederalConstitution
IndestructibleIdentity
and Autonomy
Bicameralismand Equal
Representationof Unequal States
Residualand
SignificantPowers
Two Setsof
Courts
SupremeCourt
ClearDivision of
Power
1 Elastic Clause2 Federal Supervision3 Insure Democratic & Republican System 4 Emergency Powers5 War & Foreign Policy6 Concurrent Powers7 Dependence of the Central Authority on the State
A Economic and Social ImperativesB Population shiftC External Pressures DPolitical cultures and Political parties
ABUEVA’s DESCRIPTION OF UNITARY SYSTEM
political powers and authority are concentrated in the
national government.
4GROUPINGS OFLOCAL GOVERNMENT
INTERNATIONAL UNION OFLOCAL AUTHORITIES
IULA founded in 1913 in Belgium.Organization of international
congresses for Inter-municipal relations and study.
Consultative status, category B, of
Economic and Social council of UN and maintains permanent contacts with
UNESCO and WHO.
IULA’s CLASSIFICATION OF LOCAL
GOVERNMENT SYSTEM
1. Anglo-Saxon Group 2. Central and Northwest Group3. East Europe Group 4. South Europe Group5. West Asia and North Africa Group 6. South Asia and East Africa Group7. East Asia Group – Thailand, Philippines and Japan
FRENCHMODEL
ENGLISHMODEL
SOVIETMODEL
TRADITIONALMODEL
BASIC TYPES OF LG SYSTEM*
*Harold Alderfer
5NATUREOF LOCAL GOVERNMENTS
ESSENTIAL CHARACTERISTICS OF LOCAL GOVERNMENTS
1
2
7
6
5
4
3
8
Continuous or
Discontinuous
Representativ
e or
Unrepresentativ
e
LOCALGOV’T.
TIERS OF PHILIPPINE LOCAL GOVERNMENT UNITS
CITIESMUNICIPALITIES
PROVINCES
BARANGAYS
PROVINCES
MUNICIPALITIES
BARANGAYS
CITIES
BARANGAYS
TIERS OF PHILIPPINE LOCAL GOVERNMENT UNITS
BARANGAYS
CITIES
REGIONSLEGISLATIVE DISTRICTS
1.For a stable democratic political environment ;
2.Partner for regional and national development;
3.Vested rights for a fair share of financial resources;
4.Shared responsibility in the management of the country’s human resources;
5.Principle of check and balances with the central government.;
6.Avenue for the flow of accurate information ;
7.Guarantee of people’s participation;8.Ensure political and social
harmony; 9.Ability to influence the central
government in changing legislations;
10.Accountability to the Central Government.;
11.Local Government Units openness to innovations;
FUNCTIONS OF LGs
5LOCAL GOVERNMENTIN THE MODERN WORLD
In Europe, ‘general acceptance’ and has the authority to make regulations
In the new world, LGs are for utilitarian purposes
and functions,
6THE POLITICS OFDECENTRALIZATION
COMMON THEORIES USED IN UNDERSTANDING DECENTRALIZATION
FISCAL FEDERALISM
PUBLIC ADMINISTRATION
POLITICAL SCIENCE
FISCAL FEDERALISM“Fiscal federalism theories dealing with
decentralization focus on maximizing social welfare, which is portrayed as a
combination of economic stability, allocative efficiency, and distributive equity. The precise combination and
importance attached to each goal depends on the context, but the challenge of
decentralization is essentially to locate resources at the level of government that
optimizes social welfare” (Musgrave 1958: 132-33, 175-178).
FISCAL FEDERALISM1. DETERMINE TO WHICH EACH LEVEL OF
GOVT. HAS FISCAL IMPACT. 2. IF RESOURCES HAVE BEEN CEDED TO
SUBNATIONAL UNITS, THEN CENTRAL GOVTS. HAVE, TO ONE DEGREE OR ANOTHER, LESS FISCAL IMPACT.
3. BEST INDICATOR FOR THE LEVEL OF FISCAL CENTRALIZATION OR DECENTRALIZATION IS THE SHARE OF THE SUBNATIONAL EXPENDITURES AND REVENUES.
ITEM
The Philippines (2007; in Million
Pesos)
China (2004 ; 100M
Yuan)
Central* Local** Central Local
Revenue 1,096,875 234,760 14,503 11,893
% to Total 82.37% 17.63% 54.90% 45.10%
Expenditure 1,029,377 194,736 7,894 20,592
% to Total 84.09% 15.91% 27.70% 72.30%
* Net of IRA of P146,591.95 million** Inclusive of IRA of P146,591.95 millionSources: Philippine Commission on Audit 2007 Financial Reports; National Bureau of Statistics of China
Comparative Philippine and China Central and Local Government Share in Revenue and
Expenditure
ITEM Central LocalTotal Revenue 82.37% 17.63%Tax Revenue* 93.08% 6.92%General Income
Permits and Licenses 77.03% 22.97%
Service Income 94.24% 5.76% Business Income 68.65% 31.35% Income 94.65% 5.35%Gain on ForEx 100.00% 0.00%
Philippine Central and Local Government
Revenue Breakdown*Central-Net of IRASource: Philippine Commission on Audit 2007 Financial Reports
United States : Sources of State Revenue
SourcePercentage (US Average)
General Sales Tax 23.5%Selective Sales Tax 10.9%
Property Taxes 30.1%License and Other
Fees8.2%
Corporate Income Taxes
4.7%
Individual Income Taxes
22.6%Source: Tax Foundation Report : stateline.org
Local Government By Region Total Income *
Central Government Expenditure
Central Government
Expenditure % to LG Total
Income Grand Total 234,642,572.58 762,534,007.59 324.98%
National Capital Region 46,778,401.48 560,070,716.35 1197.28%Region 1 11,410,059.53 14,371,248.27 125.95%
CAR 6,223,710.33 7,499,513.73 120.50%Region 2 9,160,569.36 10,132,758.94 110.61%Region 3 20,888,920.59 21,590,013.29 103.36%Region 4 35,866,590.31 27,646,932.60 77.08%Region 5 10,993,973.34 15,101,341.54 137.36%Region 6 16,679,840.96 18,419,954.59 110.43%Region 7 15,555,455.12 14,027,680.75 90.18%Region 8 8,687,321.73 98,317,599.17 1131.74%Region 9 7,781,531.08 9,821,773.23 126.22%
Region 10 11,300,406.23 11,512,490.21 101.88%Region 11 10,170,596.06 10,980,183.03 107.96%Region 12 8,285,249.49 8,623,777.18 104.09%Region 13 7,545,245.07 7,146,537.05 94.72%
ARMM 7,354,701.68 8,753,883.18 119.02%
*Inclusive of IRASource: Figures are from the Philippine Commission on Audit 2007 Financial Reports
PUBLIC ADMINISTRATIONPublic administration theories
dealing with decentralization
broadly focus on how modern
bureaucracies are achieved,
which have been defined as
efficient, effective, and rational
(Weber 1968: esp. 926-39, 956-89).
This autonomy is constituted by general policymaking authority and personnel control, as well as control over public finances (Rondinelli 1984).
DECENTRALIZATION
Decentralization involves the
shifting of fiscal, political
and administrative responsibilities from higher to lower levels of government.
(Jamie Boex and Sirdar Yilmaz: 2010)
DEVOLUTION DELEGATION DECONCENTRATIONCentral
government that disperses
responsibility for a policy to its field
offices. This transfer changes the spatial and geographical distribution of
authority, but does not significantly
change the autonomy of the
entity that receives the authority.
Transfers policy responsibility to
local governmentsor
semiautonomous organizations that are not controlled
by the centralgovernment but
remain accountable to it.
Where the central government
transfers authority for decision
making, finance and management
to local governments with legally recognized jurisdictions over
which they exercise authority.
Central govt allows
autonomous local units of govt to exercise power
and control over the transferred
policy.
DEVOLUTION DELEGATION DECONCENTRATION
Deconcentration involves a bureaucratic, hierarchical relationship
Delegation involves
a contractu
al relationshi
p.
Devolutioninvolves an arm’s-
length relationshi
p
DEVOLUTION DELEGATION DECONCENTRATION
Discretionary transfer of
funds
Grants & Loans
Taxes
Political science theories dealing with decentralization focus on
MOBILIZATION,
ORGANIZATION,
ARTICULATION,
PARTICIPATION,
CONTESTATION, and
AGGREGATION of interests. (Fox and Aranda 1996).
POLITICAL DECENTRALIZATION
The best way to summarize these functions might be in terms of representation.
“map the multiplicity of citizen interests onto policy decisions” (Litvack et al. 2000: 6).
7NATIONALANDLOCAL GOVTRELATIONSHIP
fuedalism = fused model
nation states = dual model
Fused, Centralized System
Dual Autonomous System
1. One, indivisible public authority Two spheres: central and local
2. Strict standards for actions of local authorities, very detailed regulation provided by laws.
Legal context established by framework laws, local policy formed by local laws adopted by local council
3. Local council has supervising role over administration or has to adopt laws/ decisions of central government to local needs
All local powers are coming from council which is delegated to local administration; extensive comperence of council in local leglislation.
4. Direct administrative intervention and ex ante control of the central government
Administrative intervention by the National Government is prohibited, only court decision to estabilish the legality of local decisions/ actions
5. One indivisible civil service at all level
Considerable autonomy in formation of civil service at local level
6. Decisive role of state categorical grants to cover current expenditures, dependent of the state regulations spending
Extensive autonomy in taxation and spending, state general grants to support capacity
8LOCAL AUTONOMY IN THE PHILIPPINES
LOCALAUTONOMY
Sosmena
Local autonomy has been defined as the state of self-determination of local government and their relative freedom from central government control over local affairs and concerns.
AbuevaThe higher the centralization of authority and decision making for a function, the lower the autonomy of the local government concerned.
Alderfer
As the degree of self-determination and self-government enjoyed by local units in their relation with the central government thus implying a measure of independence from national control.
Local autonomy as a combination of two elements: first, the right of local entities to administer their own affairs freely in accordance with their own will, and second, the right of the local citizenry to determine that will.
Mendoza & Lim
Philippine Local Autonomy in the Philippines: two of its dimensional views(a)Historical-legal, and
(b)Political-administrative.
Central supervision and control
are highly visible in:
1. Presidential power over local officials;2. Central supervision over local
administrative and financial affairs3. Central control over development
planning4. Integration of the police force5. Limitations on the use of specific funds
and6. Centralization of personnel
administration.
9GOVERNMENTAUTONOMY ANDSUPERVISION OF THE PRESIDENT
Supervision is power to
SEE that subordinate officers perform their duties.
Power of general supervision
≠ Power of Control
THANK YOU!