Art 2 Sec 25 of the Philippine Constitution

Topics: Government, Local government, Miriam Defensor Santiago Pages: 11 (1812 words) Published: August 18, 2013
FOURTEENTH CONGRESS OF THE REPUBLIC) OF THE PHILIPPINES First Regular Session SENATE S. B.No. - 332 Introduced by Senator Miriam Defensor Santiago

EXPLANATORY NOTE The Constitution, Article 11, Section 25, provides: The State shall ensure the autonomy of local governments.

A local government unit is a political subdivision of the State, which is constituted by law and possessed of substantial control over its own affairs. Remaining to an intra sovereign subdivision of one sovereign nation, but not intended, however, to be an “imperium in imperio,” the local government unit is autonomous in the sense that it is given more powers, authority, responsibilities and resources (Alvarez vs. Guingona,Jr., 252 SCRA 695 [1996]). Unfortunately, the free exercise of such autonomy is hampered with the imposition, in the absence of full consideration by Congress, of unfounded mandates on local government units. These unfounded mandates displace other essential local government priorities, impose contradictory and inconsistent requirements, and compound the fiscal difficulties of local government units to render basic services to the people. Hence, this bill seelcs to curb the practice of imposing unfounded mandates on local government units in order to allow them to efficiently manage local affairs.*

* This bill was originally filed during the Thirteenth Congress, First Regular Session.

FOURTEENTH CONGRESS OF THE REPUBLIC) OF THE PHILIPPINES 1 First Regular Session )

Introduced by Senator Miriam Defensor Santiago

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AN ACT CURBING THE PRACTICE OF IMPOSING UNFUNDED MANDATES ON LOCAL GOVERNMENT UNITS

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Be it enacted by the Senate and House o Representatives o the Philippines in Congress f f assem bled: SECTION 1. Short Title. - This Act shall be known as the “Unfunded Mandate Reform Act.” SECTION 2. Purposes. - The purposes of this Act are: (A) To strengthen the partnership between the national government and local government units; (B) To end the imposition, in the absence of full consideration by Congress, of mandates on local government units in a manner that may displace other essential local government priorities. SECTION 3. Limitation on Application. - This Act shall not apply to any provision in an statute or proposed or final regulation that (A) Enforces constitutional rights of the individuals;

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(B) Establishes or enforces any statutory rights that prohibit discrimination on the basis of age, race, religion, gender, or handicapped or disability status; (C) Requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Government; (D) Provides for emergency assistance or relief at the request of any local government, or any official of such a government;

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(E) Is necessary for the national security or the ratification or implementation of international treaty obligations; (F) The President designates as emergency legislation and that the Congress so designates in statute; and (G) Pertains to Social Security. 6

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SECTION 4. Establislzment o an Advisory Council. - There shall be established an f advisory council, to be created under the Office of the President. (A) In General. -The task force shall -

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(1) Oversee the implementation of this Act;
(2) Investigate and review the role

of unfunded mandates in the

intergovernmental relations and their impact on local objectives and responsibilities, and their impact on the competitive balance between the national government, local government units, and the private sector and consider views of and the impact on working men and women on those same matters;

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(3) Investigate and review the role of unfunded mandates imposed on local governments, the private sector, and individuals;
(4) Investigate and review the role of unfunded local mandates imposed on the

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