QuestionsQuestions (MEMORANDUM CIRCULAR NO. 46)
EO No. 262 cites: (1) Article II, Section 1 of Proclamation No. 3 (priority to measures to completely reorganize government), (2) Article XVIII, Section 16 of the 1987 Constitution (reorganization continued even after ratification), and (3) Article XVIII, Section 6 (President continues to exercise legislative powers until the first Congress is convened).
The Department primarily assists the President in the exercise of general supervision over local governments, guided by principles aimed at promoting local autonomy, community empowerment, and public order and safety services.
Examples include: (a) local governments must be accountable and responsive; (b) allocation of more powers and resources to local governments; (c) giving wider latitude for resource generation (local revenues, local government share in national taxes/grants/subsidies as provided by law, and credit financing); (d) enhance inter-local government cooperation; (e) decentralize substantive operational functions to regional offices; (f) encourage citizen involvement.
They include: advising the President on policies/rules for general supervision of local governments; establishing rules and standards and monitoring compliance; providing assistance in preparing national legislation affecting local governments; establishing plans/programs to strengthen administrative, technical, and fiscal capabilities; and formulating plans to meet local emergencies from disasters.
It consists of the Offices of the Secretary and staff and line offices, specifically: (a) Bureau of Local Government Supervision; (b) Bureau of Local Government Development; (c) National Barangay Operations Office; (d) Project Development Services; (e) Support Services; (f) Office of Public Affairs; and (g) Regional and Field Officers.
The Secretary exercises supervision and control of the Department and is appointed by the President.
Key examples: advising the President on general supervision matters; establishing policies and standards; promulgating rules and regulations; exercising supervision and control over Department offices; delegating duties when necessary; appointing other officers and employees except as otherwise provided by law; and performing other functions provided by law or directed by the President.
Planning Service; Financial and Management Service; Legal Service; Electronic Data Processing Service; and Administrative Service.
It provides legal counseling services, assists the Secretary in reviewing/determining subordinate bodies/agencies, collaborates with the Solicitor General in cases affecting the Department, and investigates administrative cases involving Department personnel and local officials.
It includes functions such as modernization/maintenance of micro-telecommunications for the Department, mechanisms for public information and documentation of Department activities, functional supervision over regional information centers, citizen-information dissemination, and implementing policies/programs for local emergencies arising from disasters.
It assists the Secretary in the power of general supervision over local governments—particularly formulation/implementation of national laws, policies and standards; administers guidelines for the Katarungang Pambarangay Program; monitors local compliance; assists in legislation and promotes local autonomy; and assists citizen participation efforts.
It focuses on strengthening local government administrative, fiscal, and technical capabilities through plans/programs, technical assistance, developing policies and standards, incentives/grants for self-help projects, models/standards/materials, and approaches anchored on citizen participation.
The Local Government Academy (Section 14), under direct supervision of a Board of Trustees chaired by the Secretary with four (4) other members appointed by the President upon recommendation of the Secretary.
They are: (a) National Secretariat Paglilingkod sa Bagong Lipunan; (b) Katipunan ng mga Sanggunian National Secretariat and the Pambansang Katipunan ng mga Punong Bayan sa Pilipinas Office; (c) Operations, Monitoring and Support Office; (d) Barangay Brigades Development Program Office; and (e) Management Information System Office.
They are deemed separated from the service and are entitled to the benefits provided in the second paragraph of Section 21. Section 21 provides that separated incumbents receive retirement benefits if entitled; otherwise they are paid an equivalent of one month basic salary for every year of service (or nearest fraction), but not exceeding the equivalent of 12 months salary.
They are placed in a hold-over capacity until the reorganization is completed; the new organizational structure and staffing pattern must be approved by the Secretary within 120 days.
No change is valid except upon prior approval of the President or by an act of Congress for promoting efficiency and effectiveness in public service delivery. The Secretary must also ensure no overlapping of functions among offices and bureaus.
If a reorganization is materially prejudicial to third persons with rights recognized by law or contract, and notice to or consent of creditors is required under an agreement, then such notice/consent must be obtained prior to implementation.