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Chapter 2

Review of Related Literature

Chapter 2 includes four parts (1) History of Local Government Code of 1991 (R.A

7160), (2) History of Barangay in the Philippines, (3) Application and Knowledge of the

Law, and (4) Summary.

Part One, History of Local Government Code of 1991 (R.A 7160), explains the

history of Local Government Code of 1991.

Part Two, History of Barangay in the Philippines, discusses and explains the

history of barangays in the Philippines.

Part Three, Application and Knowledge of the Law, discusses the application of

laws in some barangays.

Part Four, Summary, summarizes all the related literatures discussed.

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I. History of Local Government Code of 1991 (R.A 7160)

One of the fundamental state policies enshrined in the Constitution is the

autonomy of local government units (Const., Art. II, Sec. 25). In this regard, the

Constitution mandated Congress to “enact a local government code which shall provide

for a more responsive and accountable local government structure instituted through a

system of decentralization with effective mechanisms of recall, initiative, and

referendum, allocate among the different local government units their powers,

responsibilities, and resources, and provide for the qualifications, election, appointment

and removal, term, salaries, powers and functions and duties of local officials, and all

other matters relating to the organization and operation of the local units.” (Const., art. X,

sec. 1).

Pursuant to the mandate given by the Constitution, Congress enacted Republic

Act No. 7160, otherwise known as the Local Government Code of 1991. The Code is

divided into four books and covers the following:

(a) Book I – basic principles governing the attributes of local government units

and the exercise of powers; intergovernmental relations as well as relations with

people’s and nongovernmental organizations; the qualifications and election of elective

officials and the process for disciplinary action and recall; the creation and composition

of local school boards, local health boards, local development councils and local peace

and order councils;

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(b) Book II – local taxation and fiscal matters (which include the imposition of

local business taxes as well as real property taxes);

(c) Book III – the creation, organization, and powers of local government units

and the officials for each local government unit; and

(d) Book IV – penal provisions for violation of the Code, provisions for

implementation and transitory provisions.

The Code replaced Batas Pambansa Blg. 337, which is the old local government

code (Herald Digital Law, 2011).

Dubbed the bible of local governance, Republic Act 7160 was signed in 1991 to

fulfill state policy, as enshrined in the 1987 Philippine Constitution, to decentralize

governance and allow autonomy for local government units (LGUs) (Gavilan, 2016).

According to Article X Section 3 of the Constitution, the Local Government Code

is enacted to provide for a more responsive and accountable structure of local

government. The Code, it added, will provide a system of decentralization with effective

mechanisms of recall, initiative, and referendum, allocate among the different local

government units their powers, responsibilities, and resources, and provide for the

qualifications, election, appointment and removal, term, salaries, powers and functions

and duties of local officials, and all other matters relating to the organization and

operation of the local units (Gavilan, 2016).

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Journey to enactment

The enactment and implementation of the Local Government Code was not an

easy journey. Considered one of the last legislations of the administration of Corazon

Aquino, it took almost 5 years just to get it out of Congress. It was finally signed on

October 10, 1991, or 8 months before Aquino stepped down from the presidency

(Gavilan, 2016).

Implementation, which started in January 1992, became the job of President

Fidel Ramos.

LGUs have these major complaints regarding the Code:

 The LGUs get the smaller share in the internal revenue collection of the national

government.

 Responsibilities are devolved from the national agencies to LGUs, but not the

corresponding funds.

 Not enough funding is provided for LGUs to implement additional programs and

services required by law.

Long-awaited review

In 2014, the Local Government Code started undergoing a comprehensive

review to identify problem areas and ways to improve. The review is funded through a

loan from the Asian Development Bank (ADB) amounting to $250 million (P12.05

billion)* (Gavilan, 2016).

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The review, to say the least, was long-awaited. It took 22 years before it was

even initiated. This is despite a provision which mandates an evaluation of the Code

every 5 years. (READ: Local Government Code almost untouched after 3 presidents)

(Gavilan, 2016).

Section 521 of the Code states that the Congress shall undertake a mandatory

review of this Code at least once every five (5) years and as often as it may deem

necessary, with the primary objective of providing a more responsive and accountable

local government structure (Gavilan, 2016).

Code reforms nearly happened in 1997. During the administration of Ramos, the

code was supposed to be set for review. Several stakeholders, however, proposed a

huge number of amendments to the Code which took a lot of work for the congressional

oversight committee (Gavilan, 2016).

A Newsbreak report in 2004 stated that because of these proposed

amendments, “the same gigantic work” done in rewriting the Constitution will be needed.

The sheer number of amendments, however, does not mean that the Code was

ineffective (Gavilan, 2016).

Few provisions amended despite no review

Despite no major review of the Code since 1992, amendments have been

introduced through legislation throughout the years. One such legislation is Republic Act

8185, which says that 5% of estimated revenue from regular sources shall be set aside

as annual lump sum appropriations for relief, rehabilitation, reconstruction and other

works or services in connection with calamities which may occur during the budget year .

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But even with these small amendments, there is still really no major reform that can

improve the 25-year-old Code (Gavilan, 2016).

II. History of Barangays in the Philippines

On September 21, 1974, President Ferdinand Marcos signed Presidential

Decree No. 557, declaring Barrios all over the country as Barangays, reviving the name

which existed as the basic political unit of our forebears even before the arrival of the

Spaniards, until its renaming by the Americans in the 19th century, to the Barrio

(Kahimyang,2018).

The name Barangay originated from balangay, a Malay word meaning "sailboat".

It originally meant a group of boats and their passengers that came to the pre-Spanish

Philippines. Each boat is loaded with family and friends and their slaves, headed by the

"Datu". Later on Barangay came to mean a village inhabited by these settlers

(Kahimyang,2018).

The first Barangays started as relatively small communities of around 50 to 100

families. By the time of contact with Spaniards, many of these Barangays have

developed into large communities. Some of these Barangays had large populations

except for inland communities where Barangays have less number of people

(Kahimyang,2018).

Most of the ancient Barangays were coastal or near river banks. This is because

most of the people were relying on fishing for supply of food. They also traveled mostly

by water up and down rivers, and along the coasts. Trails always followed river systems,

which were also a major source of water for bathing, washing, and drinking

(Kahimyang,2018).

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The coastal barangays were more accessible to trade with foreigners. These

were ideal places for economic activity to develop. Business with traders from other

countries also meant contact with other cultures and civilizations, such as those of

Japan, Han Chinese, Indian people, and Arab people. These coastal communities

acquired more cosmopolitan cultures, with developed social structures, ruled by

established royalties and nobilities (Kahimyang,2018).

During the Spanish rule, through a resettlement policy called the Reducción,

smaller scattered barangays were consolidated and thus "reduced" to form compact

towns. Each Barangay was headed by the Cabeza de Barangay (barangay chief), who

formed part of the Principalía - the elite ruling class of the municipalities of the Spanish

Philippines. This position was inherited from the first Datus, and came to be known as

such during the Spanish regime (Kahimyang,2018).

When the Americans arrived, changes in the structure of local government was

effected. Later, Rural Councils with 4 councilors were created to assist the Cabeza de

Barangay, now renamed Barrio Lieutenant. The Rural Council was later renamed Barrio

Council. The Barangay itself was called Barrio (Kahimyang,2018).

Barrio is a Spanish word meaning neighborhood. In Spain and several Latin

American countries, the term is also used officially to denote a division of a municipality.

The Americans used Barrio during its occupation of the Philippines until this decree by

President Marcos in 1974 (Kahimyang,2018).

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III. Application and Knowledge of the Law

Governance is an act or process of governing with authoritative direction or

control. It is also a leader’s continuous exercise of authority over and the performance of

functions for a political unit like the barangay. It refers to the organization, machinery or

agency through which a political unit is exercise, authority and performs functions with

distribution of powers to official or governing body. According to Robert Presthus (1975),

political interest permeates the whole fabric of Government- a machinery or agency in

which the political unit exercises authority and performs its functions. Public

administration or governance works in a highly political environment. Politics searches

for ends as well as means for the betterment of the society it serves: in terms of

structure, political exercise, influences and attempts to bind communities on political

issues. According to Lipson (1965), Politics involves the fundamentals of social order

with the formation of groups. Society is a system of groups which are the breeding

grounds for politics. Good governance can foster public participation in policymaking and

promote inclusion in decision-making processes.

This inquiry notes that good governance of a barangay can be affected by the

lack of capabilities of officials; indecisiveness during assumption of duties as officers‐in‐

charge. Influence of their siblings and family relatives and sensitivity of the issues and

concerns being addressed. We cannot deny the fact that most of the people who run for

political positions were mostly influenced by their family of traditional politicians, if not,

most of them just rose to fame and won the election due to popularity, without

considering the capability of that person, hence, disregarding their merits and

competencies. The barangay being the basic political unit has always been at the

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forefront of local development undertakings in the country. Collectively, the barangays

are partners of the national government to respond to development challenges because

of their strategic situation at the grassroots level especially in the effective and efficient

service delivery to the community. The synergy created

A society that is well governed should provide maximum opportunities for every

individual to realize his full human potential. Thus by practicing good governance in a

basic political unit such as the barangay, it can be an effective tool for the promotion of

the general welfare of the people, thus would serve as an assessment for the

performance of the elective barangay officials. by the barangays in service delivery

reflects the state of governance of the city or the municipality. As the basic political unit,

the barangay serves as the primary planning and implementing unit of government

programs, basic services, projects and activities and as a forum in which the collective

views of the people in the community may be crystallized and considered. Through the

barangay assembly, people at the grassroots level may legislate directly on matters of

local concerns, making it the nearest conduit to direct democracy in the Philippines. In

the same manner, Republic Act 7160, otherwise known as the Local Government Code

of 1991 mandates that the barangay discharges three seminal functions: a) as a political

unit b)as a primary planning and implementing unit and c) as a forum. As a basic political

unit, the barangay is the smallest body politic used for governance in the country being a

political subdivision of the national government. As a primary planning and implementing

unit, the barangay is mandated to plan development projects and programs and

implement government policies and activities in the community, create projects in its

territory and to deliver basic services of the government to the people. As a forum, the

barangay gets the sound views of the people on various political topics. Moreover, it also

provides a venue for settling disputes amicably. In society today, man has always

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encountered management challenges and peculiarities everywhere he goes. However, it

does not necessarily mean that man has to enter politics in order to serve his people.

Although, in today’s trend, man usually renders service to his fellowmen, if one positions

himself in an elective office. Our society is increasingly dominated by the belief of

individual merit. This belief is that people should achieve success through hard work and

ability. This is seen as the fairest and most especially an efficient way to distribute the

social status and marital rewards within the society. We need to have competent

government leaders that can promote the general welfare of the public especially the

grassroots level.

Political aspirants who do not belong to a political family dynasty, who are not

matinee idols or action stars, and those who have no name recall have no choice but to

start from the bottom, at the barangay level, to lay the ground for their political careers

(De Guzman, 2013).

Twenty some years ago, the barangay was a very silent part of the local

government unit. It was the basic support group of a town or a city. People who run to

become part of the barangay council were true public officials then. They were dedicated

public servants. They did not think of monetary gains nor did they think of power. They

served their communities with the purest intentions (De Guzman, 2013).

When funding for the barangay became part of the fiscal budget with a significant

amount of money appropriated to it, many started to become interested to run for

positions in the barangay. In fact, when city mayors (governors and congressmen)

realized how influential the barangay was to maintain their seat of power more attention

was given to it (De Guzman, 2013).

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The power accorded to the Barangay Chairman and his Councilors fed their egos

to no end until their desire for more power became insatiable. When they started to be

associated with certain political parties or a political block, the barangay began.

Whenever the Barangay Chairman and the City Mayor do not get along (belonging to

different political parties) more often than not, no progress occurs within the community.

Everything is blocked. Projects are stopped (De Guzman, 2013).

The awareness of the power underneath the smallest unit of government has its

advantages and disadvantages. The advantage is that the voice of the community can

now be heard, that is if the Barangay Chairman and his Councilors are serving their

communities with transparency and good intentions. The disadvantage is that this unit

may be tainted with a political color that is sure to result in corruption (De Guzman,

2013).

Politics in this country is all about money, power and bribery. If only we can

change how things work then the country will be able to move forward. The problem is

that our lawmakers will never make changes as long as the law works to their advantage

and serves their purpose (De Guzman, 2013).

Have you noticed how candidates at this level have certain characteristics?

Okay, hold your horses and don’t get sensitive. Of course there are exceptions here.

First, those running seemingly have had no stable career in their lives. Some are

certified bums. Some have dropped out of school. Some are too lazy to keep an 8-5 job.

Some may even be drunkards, gamblers, drug addicts or small town bullies. Some are

merely spoiled rotten brats looking for something to do. Second, some changed careers

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thinking there is more money in politics (they are probably right since many suddenly

become rich). I don’t mind those who have retired from working. They definitely have the

wisdom and experience to help our communities. But like I said, the qualifications of

many are questionable. So, the community folks should be more vigilant. We should

learn to demand good service, the right service. We must question the wrong moves

when things are done to deceive us. We have our rights as citizens. We must use them

wisely (De Guzman, 2013).

Don’t ever be fooled by this small unit of government. Twenty percent of the

internal revenue allocation (IRA) is given to the barangay. On top of the IRA, barangay

chairs have also shares from the taxes collected by their LGUs including real property

and business taxes. It is said that a barangay can get as much as P100 million in IRA.

(De Guzman, 2013).

Now that the people have spoken and hopefully have voted wisely, what is next

for the 42,028 barangays?

The barangay serves as the primary planning and implementing unit of

government policies, plans, programs, projects and activities in the community. It also

serves as a forum wherein the collective views of the people may be expressed,

crystallized and considered, and where disputes may be amicably settled (De Guzman,

2013).

A barangay is created out of surrounding villages which has a population of at

least 2,000 in rural areas and in cities and municipalities within Metro Manila or highly

urbanized cities where there is a certified population of at least 5,000 (De Guzman,

2013).

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If positive changes can be achieved in the barangay level, changes in the

national level will surely come easy. But the problem is that we cannot effect change in

the barangay because some of the leaders are dummies of top local officials who have

taken great pains in ensuring that their power extends down to this level. So how can

you expect puppets to walk or talk when they are controlled by their masters? Yes, if the

Barangay Chairman is too weak to know what is right for his community, he will allow his

mayor or city officials to influence him. This is where the problem begins – all leading

to poor and inefficient public service (De Guzman, 2013).

If you take a closer look at government you will note that there is more to it than

meets the eye. While Congress and the Supreme Court continue to hound on the big

fishes, the local governments are having a heyday, taking their own sweet time as they

continue on with their corrupt practices knowing that when caught they can easily get off

the hook (De Guzman, 2013).

The practice of wasting government funds continues today. In asserting its power

to examine disbursements of public funds, Congress should not only focus on PDAF and

the DAP. It is time that they also demand a scrutiny in the way local governments have

been spending public funds. This should include the barangays (De Guzman, 2013).

We all know for a fact that the procurement process in local governments is

flawed and prone to corruption yet, our government keeps turning a blind eye on this.

This practice has deprived the poor of basic services such as health, education,

sanitation and safety (De Guzman, 2013).

The Commission on Audit plays a very important role in addressing these issues.

Conducting audits and revealing results are not enough. We need to send out a stronger

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message to those who continue to steal. We need to see these corrupt officials

punished and sentenced to life imprisonment. Overpricing of goods and services, rigged

biddings, ghost deliveries and awards to non-existent companies have always been part

of our corrupt system. Our local government leaders are very much aware of this but

why don’t they stop it? Obviously, they don’t want to stop it because they get a piece of

the pie – the biggest piece (De Guzman, 2013).

The President said I am not a thief. In response, those implicated in the PDAF

scam and other senators said, neither are we. No one will ever admit to his folly. The

system should work to reveal who the real culprits are. The problem is that there is no

system for checks and balances in this country. Or if there was one, someone must have

been bribed to steal, remove or destroy the evidence (De Guzman, 2013).

For as long as anomalies in government and violations of the law cannot be

curtailed, we will continue to suffer. And for as long as we remain passive and indifferent

to what is happening around us, nothing will change. Our tax money will always fall into

the wrong hands of ill-intentioned public officials of which most of them are (De

Guzman, 2013).

IV. Summary

The enactment and implementation of the Local Government Code was not an

easy journey. Considered one of the last legislations of the administration of Corazon

Aquino, it took almost 5 years just to get it out of Congress. It was finally signed on

October 10, 1991, or 8 months before Aquino stepped down from the presidency

(Gavilan, 2016).

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On September 21, 1974, President Ferdinand Marcos signed Presidential

Decree No. 557, declaring Barrios all over the country as Barangays, reviving the name

which existed as the basic political unit of our forebears even before the arrival of the

Spaniards, until its renaming by the Americans in the 19th century, to the Barrio

(Kahimyang,2018).

The name Barangay originated from balangay, a Malay word meaning "sailboat".

It originally meant a group of boats and their passengers that came to the pre-Spanish

Philippines. Each boat is loaded with family and friends and their slaves, headed by the

"Datu". Later on Barangay came to mean a village inhabited by these settlers

(Kahimyang,2018).

The first Barangays started as relatively small communities of around 50 to 100

families. By the time of contact with Spaniards, many of these Barangays have

developed into large communities. Some of these Barangays had large populations

except for inland communities where Barangays have less number of people

(Kahimyang,2018).

Twenty some years ago, the barangay was a very silent part of the local

government unit. It was the basic support group of a town or a city. People who run to

become part of the barangay council were true public officials then. They were dedicated

public servants. They did not think of monetary gains nor did they think of power. They

served their communities with the purest intentions (De Guzman, 2013).

The power accorded to the Barangay Chairman and his Councilors fed their egos

to no end until their desire for more power became insatiable. When they started to be

associated with certain political parties or a political block, the barangay began.

23
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JURIS DOCTOR PROGRAM
Whenever the Barangay Chairman and the City Mayor do not get along (belonging to

different political parties) more often than not, no progress occurs within the community.

Everything is blocked. Projects are stopped (De Guzman, 2013).

This inquiry notes that good governance of a barangay can be affected by the

lack of capabilities of officials; indecisiveness during assumption of duties as officers‐in‐

charge. Influence of their siblings and family relatives and sensitivity of the issues and

concerns being addressed. We cannot deny the fact that most of the people who run for

political positions were mostly influenced by their family of traditional politicians, if not,

most of them just rose to fame and won the election due to popularity, without

considering the capability of that person, hence, disregarding their merits and

competencies. The barangay being the basic political unit has always been at the

forefront of local development undertakings in the country. Collectively, the barangays

are partners of the national government to respond to development challenges because

of their strategic situation at the grassroots level especially in the effective and efficient

service delivery to the community. The synergy created.

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