THE Local Government Code of 1991 as amended or RA 7160 is a good law seeking to implement the devolution and decentralization of powers originally within the ambit of the National Government and thus provide local government units with a measure of independence and autonomy within the context of a democratic society.
In the said law it expressly provides under Section 2 thereof in its declaration of policy that, “(a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals.
Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units.xxx (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.
The first part of the declaration of policies of the code seems to have been followed if not in letter then in spirit albeit to a certain degree more on the aspect of accountability than on the manifest autonomy itself. This had been the experience of so many local government units who have been at the receiving end of notices of disallowance from the Commission on Audit due to their allocation and use funds for the benefit of their constituencies and jurisdiction, and short of being accused of corruption, these local officials will then bear the brunt of trying to explain and justify their use of local funds to the national government agencies.
On the other part of the declaration of policy of the local government code we see here a policy of the State to consult and coordinate their activities, project or programs with the concerned local government unit before its implementation, however, reality tells us that this has not been actually followed by the national government hence we hear complaints about national projects being implemented in the local level without first consulting the concerned local government unit.
Here in the City of Baguio, we had already experienced cases where national roads were torn up or constructed even without the proper consultation.
These shortcomings of the Local Government Code may well be finally addressed and resolved when autonomy is finally attained here in the Cordillera region.
Of course it is also clearly provided in the provisions of House Bill 5343 that the so called autonomy of local government units here in the region under RA 7160 shall continue to be enjoyed by them including the exercise of such powers as granted to them by the said law however, this shall cease when an autonomous region shall have been created in the Cordillera and the Regional Assembly to be created shall have enacted a regional Local Government Code.
Obviously the said regional Local Government Code shall be exclusive to us Cordillerans and will be more comprehensive and detailed in terms of the application of autonomy for the concerned local government units.
The National Economic Development Authority-Cordillera Administrative Region (Neda-CAR) and the Regional Development Council (RDC) is scheduling a two-day training on August 16 to 17, 2018 at the Holiday Inn along Legarda Road for Municipal and City speakers ostensibly to expand the pool of resource persons and augment the campaign for autonomy in the region.
Finally events are moving and gaining momentum towards the decades long dream and clamor of the people of the Cordilleras to be given true autonomy.
Now for those who might have forgotten what autonomy is all about in the Cordillera, a brief historical review is in order.
On July 15, 1987 then President Corazon Aquino signed Executive Order 220 series of 1987 establishing the Cordillera Administrative Region (CAR).
This is actually the preparatory process for the region to eventually becoming an autonomous region as envisioned in Section 15, Article 10 of the 1987 Philippine Constitution which states thus: “There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.”
On June 10, 1988 Congress enacted Republic Act 6658 creating the Cordillera Consultative Commission tasked with assisting the former in the formulation of an organic act for Cordillera autonomy. Republic Act 6766 was then passed by Congress as the first Organic Act for the creation of Cordillera autonomy and approved on October 23, 1989 however, this was rejected during a plebiscite held in January 30, 1990 with only the province of Ifugao voting in favor.
The second organic act to be passed by Congress on the matter was Republic Act 8438 in December 22, 1997 but this was again rejected in another plebiscite held on March 7, 1998 with only the province of Apayao voting in favor of autonomy.
With that as a background we now have a proposed third organic act currently being pushed for approval in Congress and if it will be approved then a third plebiscite will take place for autonomy to be eventually achieved in the region.
For this third attempt at autonomy some things and events should be considered both from the local and national perspective of so called “good governance” and the aspect of self-determination.
In the local level here in the CAR we would like to believe that we, the local government units in particular and the people in general, have been compliant with the directives of Republic Act 7160 otherwise known as the Local Government Code of 1991 specifically in how we govern ourselves following the dictates of the said law.
Unfortunately, as we have also experienced the provisions of the said law is sadly insufficient to address the multi-various concerns affecting the region. This is especially true when we talk about our natural resources, our right to self-determination in the context of advancing the rights of our indigenous peoples, our right to fiscal autonomy or the management of our finances and money, and the promotion of our unique identity as a cordilleran.
All of these things are bereft of any support from the provisions of the Local Government Code precisely since the latter is by itself simply a generic law intended to be applicable to all local government units of the country of whatever province or region and without taking into consideration the uniqueness and individuality of those governed.
This is what autonomy seeks to correct. (to be continued)