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Section 5. Each local government unit shall have the power to create its own sources of revenues and to
levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent
with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local
governments;
Section 6. Local government units shall have a just share, as determined by law, in the national taxes
which shall be automatically released to them; and
Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas, in the manner provided by law, including
sharing the same with the inhabitants by way of direct benefits.
To better understand the exercise of the power of the purse at the local government level, one must understand
the local financial systems and local budget process.
Executive
Branch
Province
Governor
City
Mayor
Municipality
Mayor
Barangay
Captain
Sangguniang Barangay
- Barangay Captain
MPDO Staff
Full-blown
TWG (the more
the merrier)
Sports
Development MHO
LDC Rep.
(Barangay)
District Supervisor
Sanggunian
representative
SWDO
POSO
organization
Local Civil Registrar
Religious leaders
PCUP
Media
representative
LDC representative
(CSO)
NSO
PTA Federation
Economic
PESO
Development
Tourism Officer
MPDO staff
Lions club
DTI Rep.
Rotary Club
Bank Managers
Jaycees
Academe
Other interested
groups
Sanggunian Rep.
Physical/Land Mun. Engineer
Electric Coop representative
Use
MPDO staff
Real Estate Developers
Development
LDC representative Professional Orgs.
(CSO)
Telecomm. companies
Mun. Architect
Water district representative
Zoning officer
Academe
LDC Rep
(barangay)
Other interested
groups &
individuals
Sanggunian Rep.
Environmenta MPDO staff
Sanitary Inspector
l Management
LDC representative CENRO
(barangay)
FARMC Representatives
General Services
Heads of private hospitals
Head
Academe
Sanggunian
Representative
PENRO
LDC
representative
(CSO)
Environmental
advocates
Other interested
groups &
individuals
BFAR representative
LG ENRO
Institutional MPDO staff
HRDO
Development
LDC representative Treasurer
(Barangay)
Religious groups
Good governance
advocates
Other interested
groups &
individuals
Sanggunian
Representative
Additional 1% SEF
tax
Amusement tax
Municipal Taxes
Amusement tax
Community tax
advertisements
Fees for sealing &
measures
& on cockpits
& charges
Income tax on
banks & financial
Barangay Taxes
institutions
Professional tax
Public utility
Service fees
charges
Tax on business
Barangay clearance
property
Tax on business of
fee
billboards, signboards,
gravel
Tax on transfer of
fighting cocks, on
charges
Service fees
30%
30%
Barangay
share
40%
Resources
City taxes
50%
None
Basic Real
Property Tax
35%
40%
25%
Additional 1%
RPT for SEF
50% to
Provincial
School Board
50% to
Municipal
School Board
None
City taxes
City share
Barangay share
Basic Real
Property Tax
30%
70%
40%,
where
quarry is
located
Basic Real
Property Tax
35%
35%
30%
50%
50%
None
The LCE puts together the different department budgets into the proposed annual budget, with the technical
assistance of the LFC composed of the Treasurer, the Planning and Development Officer, and the Budget
Officer. The membership of the LFC shows that the budget preparation phase is a closed process. No citizens,
individuals or groups who are not officials or employees of the local government may participate in this stage of
the budget process. The proposed budget is then submitted to the Sanggunian not later than October 16 for
approval into a Budget Ordinance. The Sanggunian led by the Vice-Governor or Vice-Mayor, exercises the
power to legislate the annual budget into an ordinance on the basis of the estimates of income and expenditures
submitted by the LCE.
th
The power to review the annual and supplemental budgets of component cities and municipalities is vested on
the Sangguniang Panlalawigan where the cities/municipalities belong. The Department of Budget and
Management (DBM) exercises the power to review the annual and supplemental budget ordinances of
provinces, highly-urbanized cities, independent component cities, and municipalities within Metro Manila.
Budgets of cities and provinces, in turn, are reviewed by the Secretary of the Department of the Interior and
Local Government (DILG). The purpose of the review is to ensure compliance with the budgetary requirements
and general limitations set forth in Sections 324 and 325, respectively, of the 1991 Local Government Code.
The budgetary requirements and general limitations that must be complied with in annual budgets are
summarized in the Table 5 below.
Table 5. Budgetary Requirements and General Limitation on Local Budgets set in RA 7160
Legal basis
Details of Provisions
The annual Discretionary Fund of the LCE shall not exceed two
percent (2%) of the actual receipts derived from basic real property
tax in the next preceding calendar year.
Budget execution and budget accountability are vested primarily on the LCE. Additional or supplemental
budget proposals may be proposed by the LCE duly supported by new or additional income or revenue sources
as certified by the Local Treasurer. In case of a calamity, a supplemental budget by way of budgetary
realignment may be proposed by the LCE to set aside appropriations for the purchase of exceptionally urgent
supplies and materials, and payment of indispensable services for use in areas of the LGU declared by the
President to be in a state of calamity.
In revenue generation, the LCE is tasked to initiate the general revision of real property assessment values, the
updating of the revenue code and the codification of tax ordinances. It should also initiate the submission to the
Sanggunian of a list of delinquent taxpayers and the posting of notice of tax delinquency (COA AFR 2012:121).
The LCE and his financial team are then in charge of implementing the annual budget. The local financial
management team must maintain a system of accounting and reporting which provides for the necessary
internal controls to ensure that transactions are properly authorized, recorded, assets are safeguarded against
unauthorized use or disposition, and liabilities recognized (2011 COA AFR:37). The expanded financial
management team in each LGU is composed of the following government officials:
amount of taxes, fees, and charges. Specific to taxation, Local Treasurers must keep the Taxpayers Index Cards
up to date for easy determination of potential tax collection and tax delinquencies (Section 171, Chapter III, RA
7160).
To facilitate revenue collection, the Office of the Treasurer should maintain and update the tax information
system of the LGU. The Treasurer or duly authorized representatives may seize or confiscate any personal
property of a person who failed to pay any local tax, fee, or charge within a required time period, to satisfy the
amount of tax, fee or charge in question together with any increment cost incident to delinquency and the
expenses of seizure (Section 175 [a] Chapter III, RA7160). Treasurers are tasked to disseminate information on
newly approved tax ordinances and revenue measures.
The P/C/M Accountant performs the dual role of accounting and internal control. The Office of the Accountant
must install and maintain an internal audit system, prepare and submit financial statements, appraise the
Sanggunian and the LCE on the financial condition and operations of the LGU. The office prepares, for each
fund, the financial statements such as: (1) Balance sheet; (2) Statement of Income and Expenses; and (3)
Statement of Cash Flows, as well as (4) Consolidated Financial Statements for all funds and the (5) Notes to the
Financial Statements. The Accountant must certify to the availability of budgetary allotment to which
expenditures and obligations may be properly charged.
The P/C/M Planning and Development Officer (LPDO) must be included in the financial management team of
the LGU, he/she being a member of the Local Finance Committee (LFC). The LPDO performs planning and
zoning functions and assists in the attainment of other development concerns of the LGU. The LPDO is
primarily tasked with the formulation of integrated economic, social, physical and other development plans and
policies for consideration of the LDC. As a member of the LFC, the LPDO is an important fiscal officer who is
likewise tasked to analyse income and expenditure patterns, and formulate and recommend fiscal plans and
policies for consideration of the LFC and the LCE. He/she or his office is further tasked to promote citizen
participation in development planning. The development plans and the CLUP prepared by the LPDO serve as
basis for the annual budget, investment program, revenue generation program, and other thematic
plans/programs of the local government.
The LPDO, the Budget Officer, and the Local Treasurer are members of the Committee LFC. The LFC is highly
active during budget preparation and budget legislation as it makes income estimates, recommends appropriate
tax and other revenue or borrowing measures to support the budget, and recommends to the LCE the level of
annual expenditures and spending ceilings based on the approved LDP. In budget execution, the Budget Officer
exercises the authority to certify the existence of a duly approved appropriation in support of every
disbursement. The Accountant is duty bound to obligate said appropriation. The Treasurer certifies to the
availability of funds for the purpose.
The barangay budget system
At the barangay level, the income of each barangay accrues to the Barangay General Fund. Ten percent of the
general fund of the barangay is set aside for the <i> Sangguniang Kabataan </i> (Youth Council).
The power to prepare the barangay budget is exercised by the Barangay Chairman, who proposes the barangay
budget for the ensuing fiscal year, and submits this to the Sangguniang Barangay for legislative enactment. The
Barangay Chairman bases the proposed budget on the statement of income and expenditures prepared by the
Barangay Treasurer also on the basis of the statement of income and expenditures issued by the city/municipal
treasurer. In turn, the Sangguniang Barangay exercises the power to approve the budget into a barangay
ordinance.
Local enterprise system
Local governments may own public utilities and economic enterprises such as public markets, slaughterhouses,
transport terminals, cemeteries, water systems, and the like. Such utilities and economic enterprises shall be
operated and maintained independently of the LGU concerned. This means that the local enterprises generate
their own income, maintain their respective budgets, appropriate for salaries, wages, representation and
transportation allowances of officials and employees of the public utilities and economic enterprises. The
appropriations for the personal services of economic enterprises shall be charged to their respective budgets and
are excluded in the annual budget of the LGU and in the computation of the maximum amount of allocation for
personal services.
Local government loans and loan-financed projects
Title IV of RA 7160 authorized LGUs to incur debt and avail of credit facilities to finance local infrastructure
and other socio-economic development projects. Debt-funded projects must be in accordance with the approved
Local Development Plan and the Public Annual Investment Program.
Interestingly, Section 296 on the general policy on incurring LGU debt does not specify the entity (LCE or the
Sanggunian) that may exercise such power. Section 297 on Loans, Credits, and Other Forms of Indebtedness
of LGUs also did not specify who is to exercise such authority to incur loans, credits and other forms of
indebtedness with any government or domestic private banks and other lending institution. Section 298 likewise
did not specify who, between the LCE and the Sanggunian, may enter into Deferred-Payment and other
Financial Schemes.
In the case of bond flotation, the Sanggunian is identified to exercise the power to approve and state the
purpose, terms and conditions for bond flotation. In inter-LGU loans, grants and subsidies, the Sanggunian of
the LGU concerned is the approving authority. The exercise of power to borrow by local governments is
limited by the provision on debt service allocation, which sets an amount not to exceed 20 percent of the regular
income of the LGU concerned at the same time that it must fully provide for all statutory and contractual
obligations.
The Department of Finance-Bureau of Local Government Finance (DOF-BLGF) sets guidelines on local
government borrowing renders technical assistance and determines LGU creditworthiness. As of 2008, LGU
borrowing of PhP 5.196 billion comprised 1.89 percent of total LGU income (Padilla, May 2010). While the
amount of annual local borrowing as a percentage of total annual local income may yet be considered relatively
low, the nominal amount is already significant and there is much evidence that LGUs have increasingly tapped
borrowing as a fiscal tool. As of 2011, the total loans payable of LGUs a total of PhP 72.039 billion, of which
PhP 36.906 billion (or 51.2 percent) is payable to the Land Bank of the Philippines (COA AFR 2011).
Citizen participation in local special bodies
In the LDC and in the Sanggunian, civil society representation is mandatory. In other local special bodies such
as the Local School Board (LSB), Local Health Board (LHB), Prequalification, Bids and Awards Committee
(PBAC), and the Local Peace and Order Council (LPOC), the participation of civil society organizations
(CSOs) and the private sector may be made possible through the passage by the Sanggunian of rules on
CSO/private sector accreditation and guidelines on citizen participation and representation in local special
bodies.
Citizen participation in the LSB is important because the LSB exercises the power over the preparation,
deliberation and approval of the Special Education Fund (SEF) Budget. The LSB determines the annual
supplementary budgetary needs for the operation and maintenance of public schools within the LGU. It is noted
that the SEF Budget is not approved by the Sanggunian, but instead by the LSB, which is chaired by the
governor or mayor and the school supervisor. Citizen representation could be expanded to include
representatives from the women, youth and cultural sectors, among others.
Table 6. Composition of the Local School Board (RA 7160)
Local School Board:
Chairmen
Members
Chairman of the Education Committee of the Sangguniang
Panlalawigan
Provincial treasurer
Co-Chairmen:
Co-Chairmen:
Teachers Associations
City Superintendent of
Schools
Co-Chairmen:
Chairman: Governor
Vice-Chairman:
Provincial Health
Officer
Members
Chairman of the Committee on Health of the
Sangguniang Panlalawigan
Representative from the private sector or nongovernmental organizations involved in health
services, and
Representative of the Department of Health in
the province
Municipal Health
Board
Chairman: Municipal
Mayor
Vice-Chairman:
Municipal Health
Officer
Public Bids and Awards Committee and the local procurement system
The Public Bids and Awards Committee (PBAC) is present in every province, city and municipality, and is
assigned the power and authority to ensure the prequalification of contractors, bidding, the evaluation of bids,
and the recommendation of awards concerning local infrastructure projects. The chair is the Governor or Mayor,
and the following are members.
Representative of the minority party in the Sanggunian, or one (1) chosen by the Sanggunian from
among its members;
Local treasurer;
Two (2) NGO representatives in the LDC, to be chosen by the organizations themselves; and
Any practicing certified public accountant from the private sector, to be designated by the local chapter
of the Philippine Institute of Certified Public Accountants.
NGO representatives on the PBAC sit as regular members and not as observers.
With regard to the procurement of property and supplies, the general rule on award of contracts on procurement
of supplies is to award the contract to the lowest complying and responsible bidder who meets all the terms and
conditions of the contract or undertaking. The procurement of supplies such as equipment, furniture,
stationary materials for construction or personal property and maintenance of equipment and furniture, as well
as trucking, hauling, janitorial, security, and related services shall all undergo a bidding process.
Procurement of supplies without public bidding is allowed under Title VI Section 366 of the 1991 Local
Government Code. Procurement without bidding can be done through: (1) personal canvass; (2) emergency
purchase; (3) negotiated purchase; (4) direct purchase from manufacturers or exclusive distributors; and (5)
purchase from other government entities. However, these options are subject to the approval of the Committee
on Awards and the rules and limitations listed in Table 8.
Table 8. Mechanisms for Procurement of Supplies without Bidding and Rules and Limitations (RA 7160)
Procurem
ent of
supplies
without
bidding
Personal
canvass
nd
th
th
In Municipalities,
the value shall
not exceed the
following
amount:
1 class
municipalities
P60,000
st
2 & 3 class
P40,000
nd
rd
contributions; and (3) development projects funded from the share of the LGU in the Internal Revenue
Allotment (IRA). Other special accounts may be created by law or ordinance as the need arises.
Raising the capability of citizens
Citizens and taxpayers have the right and the responsibility to exact accountability from government. Citizen
participation is a partnership between the people, the government, the private sector and all other sectors of
society. While government is expected to be honest and efficient, the reality is that substantial amount of
government resources are wasted in illegal expenditures resulting in low quantity and low quality public
services leading to poorer quality of life. In pursuit of good governance, all sectors of society have a part to play
in ensuring societys growth and protection. Government typically performs better under informed public
scrutiny and citizens needed to participate in fiscal processes as major stakeholders.
Citizen participation can only be effective if government legislates for it. On one hand, local governments must
pass orders, ordinances, rules and regulations defining the mechanisms through which participation may
happen. It must accredit civil society organizations (CSOs) where necessary; activate local special bodies, and
allow CSOs full membership in the local special bodies and in the Sanggunian, and not just as observers, as
mandated in the Local Government Code.
On the other hand, citizens and CSOs must have the willingness to perform their role as citizens. They should
develop awareness of the scope of authority of the local government, its officials, its programs, projects and
activities. They should strive to acquire the technical knowledge and skills that may help them exercise
responsible citizenship. People should develop a sense of belonging to local government, and a concern for
what is happening in the local community, neighbouring localities, and beyond.
Periodic visits to the barangay hall, city/municipal hall and provincial capitol can help build knowledge on
projects and activities undertaken by local governments. Listening to broadcast media (radio and television),
reading newspapers, becoming aware of activities in the neighbourhood, visiting the barangay hall on a regular
basis, joining associations of residents, and participating in community events could be done with very little
effort or at little extra cost.
Among the websites that citizens may access to monitor government projects and activities are the websites of
the DBM, the National Economic Development Authority (NEDA), COA, DOF, DILG and their respective
local governments.
The DBM publishes in its website information on the General Appropriations Act, which contains information
on the IRA and similar allocations to LGUs. The NEDA website contains information on Official Development
Assistance (ODA) and ODA-funded programs and projects intended for local governments. The DOF website is
a wealthy source of information on the countrys fiscal performance and the governments fiscal policy, with
links to the websites of DOF-bureaus and attached agencies including the Bureau of Local Government Finance
(BLGF). The BLGF website is amply loaded with information on policies, assistance, services, facilities and
related information that are useful to local governments.
The DILG website is a rich source of information on policy issuances and comparative information on LGU
performances and very useful information of interest and benefit to LGUs. The COA website contains findings
on audit of operations of all government agencies including local governments. There is much information that
citizens can access that will truly help them better understand and appreciate their local governments.
Local governments have their respective websites which they have to populate with relevant information
particularly on the budget and their financial performance. The posting on bulletin boards and websites of the
financial statements and reports and similar documents of LGUs has been required by the DILG under the Full
Disclosure Policy. LGUs are duty bound to comply with this directive.
It is now up to citizens and civil society organizations to examine the programs and performance of LGUs using
this information. Citizens can take pro-active stance in requiring the LGU to comply with the provisions in the
1991 Local Government Code on citizen participation and participate in the overall management of the local
government through the Sanggunian, local special bodies, and similar mechanisms that the LGUs have
created. Citizen Action Network for Accountability
REFERENCES
Padilla, Alvic. May 24, 2010. Understanding Incomes and Expenditures of Local Government Units. www.transparencyreporting.net.
Serote, Ernesto. 18 April 2012. Planning in Local Governance. UP SURP. Land Equity International, accessible through www.landequity.com.ph.
United States Agency for International Development (USAID). 2009. Power of the Purse Reform in the Philippines: Proposed Revisions to the 1987 Administrative Code. July
2009, pp. 1-24, accessible through http://incitegov.org/wp-content/uploads/2011/05/INCITEGov-Power-of-the-Purse.pdf.
Commission on Audit. 2011 Annual Financial Report of Local Government Units.
Commission on Audit. COA Manual on the New Accounting System for use in LGUs under COA Circular No. 2002-003 issued on June 20, 2002.
Department of Budget and Management. 2008. DBM-issued Updated Budget Operations Manual (UBOM) for LGUs.
Department of Finance-Bureau of Local Government Finance (DOF-BLGF). Statement of Receipts and Expenditures.
Department of the Interior and Local Government. DILG Memorandum Circular No. 2010-83 issued on August 31, 2010 Full Disclosure Policy (FDP) of Local Budget and
Finances, and Bids and Public Offerings
DBM and DILG Joint Circular No. 1, s 2005 dated 20 September 2005.
DILG-MC No. 2011-02 issued on April 27, 2011, creating the Performance Challenge Fund.
1987 Philippine Constitution.
Executive Order No. 292 or the Administrative Code of 1987.
RA 6957 or the Build-Operate-Transfer (BOT) Law, as amended by RA 7718.
RA 7160 or the 1991 Local Government Code.
RA 10121 Philippine Disaster Risk Reduction & Management (PDRRM) Act of 2010