Mandanas to national gov’t:
Respect autonomy of LGUs

“The national Government should respect the autonomy of local government units,” Rep. Hermilando Mandanas (Batangas) stated in his inaugural lecture before a gathering of professors, local government leaders and students at the College of Public Administration and Governance of the University of the Philippines recently.

The forum was organized by UP Center for Local and Regional Governance on the occasion of the inauguration of the Elena M. Panganiban Professorial Lecture.

Mandanas premised his warning to the Government on 1987 Constitution, which devotes an entire article to local government and autonomy of local government units (LGUs). Under Article X of the Constitution, the state is mandated to promote decentralization and local autonomy as governing principles for governance at the local level.

“Time and again, the national government forgets that decentralization and local autonomy are cornerstones in the relationship and interaction between it and the LGUs. In my own experience as Governor of Batangas for three consecutive terms, the national government even subjects the release of the Local Government Equalization Fund (LGSEF), which is a part of the Internal Revenue Allotment (IRA), to various conditions. The national government also put LGUs at the mercy of the Oversight Committee on Devolution (OCD). This is ironic because the OCD was supposed to facilitate decentralization and local autonomy and not complicate local governance.”

Mandanas referred to a petition he filed in the Supreme Court on behalf of the Province of Batangas, enjoining the immediate release of the LGSEF to the LGUs. Arguing that the LGSEF should be released promptly and without any condition whatsoever Mandanas sued executive Secretary Emilia Boncodin of the Department of Budget and Management and Sec, Jose D. Lina of the Department of Interior and Local Government. In a decision promulgated last 27 May 2004, the Supreme Court, by unanimous vote, upheld Mandanas and ruled that the LGSEF as part of the IRA, should be released immediately.

“This is an example how the national government forgets the constitutional principles of decentralization and local autonomy. Precisely because the constitution guarantees local autonomy, the Constitution commands the national government to release the IRA to LGUs without need for further action.”

He acknowledged that the national government may have the best intentions in subjecting release of the IRA. However, this should never violate the Constitution and the Law.

“I can appreciate the rationale for withholding the IRA. Unfortunately, this rationale can never justify withholding of the IRA. The Supreme Court grated my petition; P45 billion should now be ready to all LGUs. I filed that case even if other LGU heads never dared to question the national government.” (Manila Bulletin, August 20, 2004)