Article 2 Section 25
“THE ESTATE SHALL ENSURE THE AUTONOMY OF LOCAL GOVERNMENTS”
Under the 1935 constitution, local governments were purely creatures of the legislature. Their creation and the extent of their powers in relation to the national government were at the discretion of the legislature. The philosophy behind this structure was explained by Supreme Court in Plans vs. Gil.
Our intension has been directed to the fact that, with reference to local governments, the constitution speaks of general supervision which is distinct from the control given to the president over executive department, bureaus and offices. This is correct. But. . the deliberation of constitutional convention show that the grant of supervisory authority is chief executive in this regards was in the nature of compromise resulting from the conflict of views, in that body, mainly between the historical view.
It should be noted that, while the 1935 Constitution denied to the president the power of control over local governments, it recognized the legislature’s power of control over the same.
The position of local government in the constitutional structure of the government was made firmer by 1935 constitution, through section 10 Declaration of Principles, and was made firmer still by Article 11 on Local Autonomy. The purpose of this new constitutional attitude to local autonomy was expressed thus Explanatory Note to report No. 1 of the committee on declaration of principles and Ideologies (1971).
In this section, the committee adopted the recommendation of UP Law Center, as suggested many resolution to have a new section under Article II seeking the promotion of local autonomy. Subject to re-styling, the committee is also in full agreement with the Committee in the local governments and the Committee in Community Develop on the following salient criteria for autonomy:
First, autonomy should be compatible with national goals;
Second, autonomy should ensure widest participation and...