A Comparative Study on Local Autonomy: Federal States and Local Government Units

Abstract

Thesis Outline
Twenty five years of local autonomy had passed and yet its implementation is but opportune to
assess how this legislation contributed to achieving the stability of equity and accountability of
the local government. It has become imperious to describe the development and ingenuities of
the present local government assessing its complexity and transparency.

Local autonomy is the exercise of certain basic powers, i.e. police power, power of eminent
domain, and taxing power, by local government units so as to best serve the interest and promote
the general well-being of their inhabitants. The principle of local autonomy under the 1987
Constitution simply means decentralization. It does not make the local government sovereign
within the state or an imperium in iperio.

Recent proposals from the different sectors of society have been tackled justifying the issue on
political system transformation from the present unitary structure to a federal government. With
this, the local autonomy from LGUs will be handed over to federal states. The idea of federal
states introduces the process of fiscal decentralization which aims to improve macroeconomic
governance than the present centralized fiscal system ensuring transparency and proper
accountability.

The idea of decentralization is not actually new in the current local autonomy; in fact, the present
local government states that the main purpose of local autonomy is decentralization. LGUs are
then expected to perform their designated functions to deliver quality governance, provide better

public service, and encourage public participation for country's intensive development. But a
clearer cut of decentralization is needed allowing LGUs to be self-reliant improving their equity
and divesting its complexity.

In a federal state system, a clearer decentralization will take place where fiscal administration
will be properly allocated among state leaders. In general, the states will be primarily responsible
for the economic, social and cultural developments of their areas establishing a clearer evidence
of effectivity. The highly decentralized structures and process of the federation will challenge,
empower and energize the people and their state and local governments; encourage creativity,
initiative, and innovation, enhance the accountability of government leaders and employees, spur
inter-state competition, and foster state and local self-reliance.

Research Methodology

This study entitled "A Comparative Study on Local Autonomy: Federal States and Local
Government Units " is a qualitative research that attempts to gather existing information and data
regarding the extent of local fiscal administration between the present local government unit and
that of a federal state. This study desires to illustrate the present state of local autonomy in
relation to its transparency and complexity as well as its equity and accountability.

The research utilized both descriptive and exploratory research methods in the conduct of the
study. Descriptive research is a method used to obtain information relating to the current status of
an issue or phenomenon to describe "what exists" within the range of the situation. The most
common types of descriptive research tools are surveys, interviews and observation. Exploratory
research, on the other hand, is often used in order to yield information to explain problems which
are not yet clearly defined. It allowed the researchers to be familiar with the concepts of the
problem under the study to facilitate the development of insights.

The present study was an exploratory attempt since it tried to gather information on the proposed
concept of federal political system of the government. The researchers made use of existing
literature in order to verify their observations and come up with preliminary ideas regarding the
research problem.

Bibliography

Books

Hector S. de Leon, Textbook on the Philippine Constitution, 2005 ed., pages 317-319

Works Cited

Abueva, Jose (2002). Towards a Federal Republic of the Philippines with a Parliamentary
Government: A Reader. Manila: Kalayaan College.
Alinio, B. F. (2008). Philippine Local Government Officials Perceptions of Decentralization and
Its

Effects on Local Governments' Administrative Capabilities. Washington, D.C.:

The George Washington University.

Pimentel, Aquilino, Jr. (2002). Why Adopt the Federal System of Government?
Available: http://www.nenepimentel.org/speeches/. Last accessed 11 May 2012.
Websource
http://www.philstar.com/headlines/2016/05/31/1588742/federalism-what-filipinos-need-know
https://www.senate.gov.ph/press_release/2008/0423_pimentel1.asp
https://wpqr4.adb.org/lotusquickr/copmfdr/PageLibrary482571AE005630C2.nsf/0/7E0AEAB811AEB05348257BA30024A265/$file/
Session%202b_PHILIPPINES,%20Eddie%20Dorotan.pdf
http://asiafoundation.org/2010/09/01/two-decades-of-journey-to-local-autonomy-in-thephilippines/

TRANSPARENCY (No editing made yet Rich)

http://www.egov4dev.org/transparency/definitions.shtml
Transparency means openness of decisions and actions. Put another way, it means a free flow of
information about decisions and actions, from source to recipient.
Transparency is a necessary part of accountability but - as suggested in the 'levels' just above - it
is not the same as accountability. To hold a public servant accountable, you must first find out
information about that public servant's decisions and actions (transparency), but you then must
go further if you are actually to hold them to account for their decisions and actions. That further
step - accountability - involves more than just information. It may need action by the courts, by
the media, by civil society organisations, or others with the power to hold public servants
accountable. Transparency, then, is a first component of accountability. The diagram below
illustrates the difference.
http://www.usip.org/peace-terms-glossary/transparency
Visibility or accessibility of information regarding decision-making and financial practices, such
that stakeholders not only have access to the decision-making process but also the ability to
influence it.
http://www.foresttransparency.info/background/forest-transparency/32/transparency-and-theright-to-information/
There is no commonly agreed definition of transparency, but there is a general consensus that it
relates

to

the

right

to

know

and

public

access

to

information.

In a broad sense, transparency is about: how much access to internally-held information citizens
are entitled to; the scope, accuracy and timeliness of this information; and what citizens (as
"outsiders") can do if "insiders" are not sufficiently forthcoming in providing such access.

Excessive secrecy can undermine the quality of public decision-making and prevent citizens
from checking the abuses of public power. This can have a corrosive effect on virtually all
aspects of society and governance. Transparency -- in terms of both information disclosure and
dissemination and access to decision-making -- is therefore very important as it better enables
civil society to:

hold government and/or key decision-makers to account;

promote good governance;

improve public policy and efficiency;

combat corruption.

http://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/workinggroup4/2011August-22-24/V1183638e.pdf#page=14
78. Transparency enables citizens to check what the administration is doing on their behalf and
enhances their trust in institutions. Article 10 of the Convention requires that appropriate
measures be taken to ensure that citizens understand the workings of public administration, and
have information on, and access to, the decisions of public officials.
X

-------- GUYS WALA PA NI NA-EDIT. I JUST ADDED IT HERE FOR ME (Nissah) to edit out
later----

ACCOUNTABILITY TO THE LAWS

http://www.usip.org/guiding-principles-stabilization-and-reconstruction-the-web-version/7-rulelaw/accountability-the-la United States Institute of Peace
Accountability refers to the processes, norms, and structures that hold the population and public
officials legally responsible for their actions and that impose sanctions if they violate the law.
Accountability is essential if systemic threats to the rule of law are to be corrected. This involves
ensuring there are consequences for criminal behaviour; mechanisms to address impunity for
past crimes; and horizontal accountability (state institutions overseeing the actions of one
another) and vertical accountability (citizens overseeing the actions of the state). Without
accountability, human rights will be denied, crime will flourish, and impunity for past conflictrelated crimes will persist, undermining legitimacy and prospects for reconciliation. The
concentration of power in any one branch, institution, or level of government often leads to
abuse of power and corruption that horizontal and vertical accountability mechanisms can help
prevent. Accountability also aims to mitigate against capture of justice institutions by political
and economic spoilers that enables impunity, favoritism, and unequal application of the law.

POLITICAL ACCOUNTABILITY
http://definitions.uslegal.com/p/political-accountability/
Political accountability refers to the responsibility or obligation of government officials to act in
the best interests of society or face consequences. Public officials should be held responsible for
their actions. Legal accountability concerns the mechanisms by which public officials can be
held liable for actions that go against established rules and principles.
The following is an example of a case law on political accountability:

Communications between Congress and agencies help to guarantee the political accountability of
unelected agency decision makers. [Sokaogon Chippewa Community v. Babbitt, 929 F. Supp.
1165, 1175 (D. Wis. 1996)].

http://www.eui.eu/Documents/DepartmentsCentres/SPS/Profiles/Schmitter/PCSPoliticalAccount
abilityJan07.pdf
Definition of Political Accountability / Finding Mechanisms for Political Measures to Ensure
Accountability / The Generic Properties of Successful Accountability

CONCLUSION
Arguments for federalism for the Philippines vary - some propose it to promote autonomy,
especially in areas with cultural importance, such as Muslims in Mindanao. Others promote the
scheme for better accountability and more efficient governance, while some propose it for
economic and social reform.

In the United States, there have been two basic and divergent theories regarding the division of
power and responsibilities between states and units of local government: the local government as
a creature of the state and the local government exist with inherent rights. The former theory
argues that units of local government are created by and exist at the pleasure of the state. The
second theory is based on the Jeffersonian principle that local officials can best manage local
affairs, and thus units of local government have independent authority and autonomy.

The study concludes that local autonomy under a federal form of government is better
implemented in the Philippines. However, we reserve giving a comment on the form of the
federal state government to be established, for we believe it should be determined and debated in
a constitutional assembly or convention and the intent of the framers should be identified.