Redefining autonomy
>> Friday, March 20, 2015
BANTAYGOBYERNO
Ike
Señeres
With all due respects to all those who will
disagree with me as I write about this topic, it would be a fair warning to say
that what I will write here is just my own opinion, and I am not alluding to
anyone who might think that I am referring to their persons or beliefs.
Some might say that my ideas are too
revolutionary, but rest assured that these are just words, and I am not
exhorting anyone to take up arms just to push these ideas forward. However, I
will also say that the gravity of our national problems would really need
revolutionary ideas to solve them, for whatever these ideas may be worth.
As the saying goes, these are my “ten cents
worth”, so to speak, and you can just take it or leave it. For sure, these
ideas are too far right now from the present reality, and it might take some
decades for these ideas to become real, so just relax and read on.
As I see it, the national government
agencies (NGAs), functioning as the operating units of the Executive Branch
should just be the policy makers and program planners, and not the project
implementers or the service providers. Before moving any further however, I
would first say that that should be the proper sequence, for policy to be made
first, after that the policies defined should become the basis for program
planning. Moving down the line, all projects should just be the derivatives of
program plans, meaning that there should be no projects that would stick out on
their own, without being derived from a corresponding program plan.
As it is now, most if not all of the
NGAs have local offices in the regions and the provinces, all presumably
implementing policies, programs and projects of all kinds and purposes. As it
usually happens, many of these programs and projects are delivered as services,
with some services being offered all the way down to the barangay level.
That is the way it is now, but that does not
always have to be the way it should always be done. As it is now and even as we
speak, most of these programs, projects and services are also being implemented
by the local government units (LGUs). That being the case, I will now go
straight to the point and say that all these could be and should be delegated
or devolved or decentralized to the LGUs, perhaps with only a few exceptions
such as the fiscal, diplomatic and defense functions.
There is a lot of debate whether some
functions of the NGAs should be devolved or decentralized to the LGUs. As I see
it however, “delegated” is the more appropriate term, because it is the more
prevalent term in management lingo. Besides, “delegation” is a legal fiction
that would allow the process to push through, without any need to pass new laws
that would make the action legal. Whatever term is used, I think we should just
pursue the legal fiction that the LGUs are the “subsidiaries” of the NGAs, the
latter being the central corporate entities. As it is defined, subsidiarity is
the principle that says that the functions that local organizations could
perform better should belong to them rather than to a central organization.
The Local Government Code (LGC) is a
beautiful piece of legislation but somehow, but somehow it seems that we could
not fathom the depth of its meaning in between the beauty of its prose. If only
we would read it and try to understand it, it has LOCAL AUTONOMY written all
over it, and if only we could turn this law into practice, there is no more
need to demand for any other autonomy in any other form.
It seems that our lawmakers are all so very
good in crafting good English into good laws, but our executive officials have
much more to learn in transitioning from words into realities. Based on our
experience in the Cordillera Administrative Region (CAR) and the Autonomous
Region of Muslim Mindanao (ARMM), we should have already learned that it is not
enough to create centralized legal entities alone to bring in development.
Instead, the local people must take control of their own future and work
together for the development of their own localities.
As it is now, the LGUs are getting
their shares of the internal revenue allocations (IRAs). Up until the time that
the countryside development fund (CDF) was abolished, the LGUs were supposed to
be getting their shares from that
too, but let us just say that those funds
were diverted somewhere else.
It seems that there are some plans to revive
the pork barrel in some other form or with some other name, but will the money
from revenue allocations and pork barrels ever be enough to fund local
development and run local governance? My answer is no, and in order to give
more money to the LGUs, I suggest that we turn over program management to the
provincial governments and the project management to the municipal governments.
If you think that that is difficult to do, I
will tell you that all we have to do is to require the NGAs to close down their
provincial and municipal operations and to turn these over to the LGUs, along
with their operating budgets.
No, I am not advocating that we abolish the
local operations of the NGAs. What I am advocating is the transfer of their
local functions to the LGUs, along with their operating budgets. Moving
forward, we should avoid what happened in the devolution of the local
hospitals, wherein we transferred the functions, but we did not transfer the
operating budgets.
In the case of the police functions, we are
wary that transferring these functions to the LGUs would result in the creation
of local private armies. While there may be reasons for us to have such fears,
when are we ever going to move towards local 4autonomy? Why should we be afraid
when we have an Office of the Ombudsman, a Commission on Audit and a Congress
that is supposed to make sure that there will be no anomalies in our
governance?
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