Jurisdiction in Local Government

Jurisdiction in Local Government

Government operation on the municipal level is quite a complicated affair, when it comes to jurisdiction and responsibility.

Gusto ko lang magshare tungkol dito, dahil marami pa rin sa ating mga kababayan ang 'di nakakaalam ng mga bagay na ito for some reason. Ako rin naman, nalaman ko lang ang mga ito ng dahan-dahan noon lang mapasok ako sa Municipio. I will try my best to explain in the simplest way possible, kahit it is beyond my competency since I am not a lawyer. (I am unable to explain that part about the whys and wherefores, the rationale or philosophy behind this aspect of public administration.)

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Ok, these agencies and facilities are NOT under the Municipio's jurisdiction or area of direct authority, although the Municipio is obliged to coordinate with them, most especially with the PNP and BFP due to the nature of their work:

- CENPELCO - co-op/cooperative, meaning private or non-government entity, but it is dependent on NGCP, a GOCC, for its power source

- BayWaD - national agency that is a GOCC or government-owned and controlled corporation, but the mayor has the power to recommend members as board of director (tama ba?)

- BFP - national, under DILG, but answerable to the mayor; not sure if the mayor has the power to recommend or endorse a head

- DILG (national) - ang mata ng presidente ng Pilipinas sa local government unit level (province, city/municipality, and barangay -- yes, these three are considered LGUs under the LGC or Local Government Code of 1991); oversees the operations of provincial, municipal, and barangay local governments whether they are doing their job as mandated by law

- PNP - national, under DILG, but answerable to the mayor; not sure if the mayor has the power to recommend or endorse a head

- BDH (Bayambang District Hospital) - under provincial government

- PhilPost/Post Office - national

- SSS - national (its office in Bayambang on 2F Royal Mall has limited services)

- PhilHealth - national (no 'branch' in Bayambang, so far)

- BIR - national; local office has limited services

- COMELEC - national (necessarily an independent constitutional body)

- telecommunication companies - private companies, but regulated by the NTC and local officials have the right to call their attention if their constituents complain about a company's erratic services; blaming the Municipio for erratic services is thus uncalled for

- provincial roads, e.g., M.H. Del Pilar - provincial government

- national roads (Rizal Ave., Bayambang-Camiling Rd.) including Wawa Bridge - national, under DPWH

- barangay roads - barangay hall, but the Municipio has the 'power of the purse' when it comes to major infra projects in the countryside kasi hawak nito ang mandatory 20% Development Fund allotment

- barangays - barangay captain, but the mayor is the supervisor of all kapitans (now called Punong Barangay), and the DILG is there to ensure that barangay officials are doing their work

- barangay streetlights - barangay hall

- DPWH - national; no office in Bayambang

- LTO - national; two offices in Bayambang

- LTFRB - responsible for transportation service-related issues except for tricycles, which are under the municipal government

- DENR - none in our town, but at least we have a MENRO

- Trial Court - judiciary, under the DOJ (the 3rd co-equal branch of our democratic government (to create a balance of power, with each one having the ability to check on the excess of the other), the other two being executive (Office of the Mayor, in the case of municipalities) and legislative (Sanggunian or council), in the case of municipalities)

- COA - national; constitutional body; overseer of LGU expenditure; no office in Bayambang

- CSC - national; constitutional body; overseer of LGU's HRM operation; no office in Bayambang

- military - national, under AFP; in the service of local civil authority (mayor); no office in Bayambang

- DepEd - national; the mayor can only suspend classes during emergencies; he/she also has the authority over the Children's Welfare Fund and the Special Education Fund

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Now these are the departments under LGU-Bayambang (Municipio):

- SB (local legislative branch) - under the vice-mayor; if the mayor does not see eye to eye with the vice-mayor (like for example they belong to two contentious political parties), the legislation and implementation of projects may be adversely affected, a sad reality in many LGUs

- all other LGU departments (official departments) and units (unofficial departments/temporary designations), including Health, Agri, and Social Welfare - primary responsibility is devolved to the mayor, but the case of MSWDO is a special one in that it implements the 4Ps (Pantawid Pamilyang Pilipino Program) together with the DSWD Region I staff

See, the power of a local chief executive (mayor) is vast but has limits. And just like everyone, he/she is subject to the various mechanisms of institutionalized checks and balances to prevent abuse of power and neglect of duty.

Trivia (heard this from an attorney): The barangay captain is the most powerful local official, more powerful than a European king. Why? Because he/she has executive power (kapangyarihan na magpatupad ng batas), legislative power (kapangyarihan na gumawa ng batas), and judicial power (kapangyarihan na magdesisyon sa mga pagtatalo ukol sa batas).

May nakalimutan ba ko?

Corrections much welcome.