The Local
Legislative
Process:
The Power of
the Sanggunian
4/11/2014
4/11/2014
Multi- Faceted Powers
& Functions of the Sanggunian
Appropriation
of Funds
Regulation
Legislation
Revenue
Generation
Oversight
What is Legislation?
LATIO
LEGIS
which means
a law or rule
proposing
which means
an act of
LEGISLATION
The act of proposing a law, rule, or regulation
Pertinent Provisions of the LGC
General provisions on local legislation:
Sections 48-59
Functions of the Sangguniang Barangay:
Section 391
Functions of the Sangguniang Bayan:
Section 447
Functions of the Sangguniang Panlungsod:
Section 458
Functions of the Sangguniang Panlalawigan:
Section 468
Pertinent Provisions of the LGC
General Welfare Clause:
Section 16
Service Delivery Areas: Section 17
Corporate Powers:
Section 22
Roles of Local Governments:
Sections 384, 440, 448 and 459
Concept of Local Legislation
As a
POWER
The Sanggunians
authority to enact
ordinances, approve
resolutions, or
appropriate funds
designed to deliver basic
services and facilities, and
to promote the general
welfare
As a
The
PROCESS
Sanggunians
continuous interaction with
LGUs executive branch,
constituents, civil society
and other actors of
governance, resulting in
policy actions that promote
the development of the
locality
Local Legislative Power
Since time immemorial, LGUs can legislate
on purely local matters
Local legislators are more knowledgeable
than Congress on matters of purely local
concern, and in better position to enact
appropriate legislation
LGUs lawmaking powers are not merely by
Congress good graces; they have been
vested by the Constitution itself
Where is Local Legislative Power Vested
Section 48 of the LGC states that legislative
power is vested in the Sanggunian as a
collegial, collective body
Legislation therefore requires the
participation of all its members by voting
upon every question put upon the body
The term Sanggunian suggests more than
just a law-making body
Presiding Officer
Section 49: the Vice Governor/ Vice Mayor shall be
the Sanggunians regular presiding officer
Section 457: the Vice Governor/ Vice Mayor is an
integral part in the composition of the council
To preserve neutrality, the Vice Governor/ Vice
Mayor shall vote only to break a tie
The Vice Governor/Vice Mayor is not a mere spare
tire or decorative position ; he/she is the head
administrator of the legislative assembly
Presiding Officer
LCE and
Local
Executive
Offices
Vice
Governor/
Vice
Mayor
Sanggunian
Internal Rules of Procedure
On the first regular session after the election
and within the 90 days, the Sanggunian mus
adopt or update its house rules, providing fo
Organization and election of Officers
Creation of Committees
Order and Calendar of Business
The Legislative process
Disciplinary sanctions on members for disorderly
behavior and unjustified absences
Duty to Disclose Conflict of Interest
Every Sanggunian Member must fully
disclose any financial/ business/
professional/ personal interest with
any person or entity affected by an
ordinance
under
its consideration
Conflict
of interestethical
considerations suggesting that a public
official should be inhibited from
performing an official function because
of clash between public interest and
his/her private pecuniary interest
Regular and Special Sessions
Regular
Session
Held on designated day,
time
and place
No need for written notice
Any agenda maybe
discussed
Held at least once a week
Special
Session
Maybe called by LCE or
majority of members
Held on day, time and
place specified in written
notice
Only stated agenda may be
discussed
13
Quorum
Majority of all members who have been
elected and qualified (not those were
voted upon)
The term majority means more than half
Jurisprudence tells us that the Vice
Governor/ Vice Mayor is included in the
computation of the quorum
When are Measures Deemed Approved
Simple Ordinance:
majority of members present there being a quorum
Ordinance authorizing payment of money or
creation of liability:
majority of all members
When are Measures Deemed Approved
3 Modes of approving measures:
1. LCE signs all pages of enacted measure
2. LCE does not act on the measure within
10 days
3. LCE vetoes measure, but Sanggunian
overrides it by 2/3 vote of all members
Veto Power of the LCE
Grounds for exercise of veto:
1. That the ordinance is ultra vires
2. That the ordinance is prejudicial to
the
public
welfare
Must
be in
writing, specifying the grounds an
reasons for its exercise
Punong Barangay has no veto power
Sanggunian override cannot be further
overridden by the LCE
Legislative Review
SANGGUNIAN
Transmit lowerlevel ordinances
within 3 days in
case of
cities/municipaliti
es (or 10 days in
case of Barangays)
from enactment
Returns lower-level
measures enacted
beyond the LGUs
authority, 9 or
inconsistent with law
or city ordinance)
within 30 days for
adjustment
/amendment
Fails to take
action within 30
days allowing
lower-level
ordinance to
lapse into law
Cities/Municipalities
/Barangays
Effectivity of Ordinances
Ordinance can provide for its own date of
affectivity
If ordinance is silent, then it shall take effec
after the lapse of 10 days from date of its
publication
Approved measures shall be
posted/disseminated in Filipino or English
Gist of penal ordinances must be published i
newspaper of general circulation
In case of HUCs, measures must be posted an
published in newspaper of general circulation
Specific Subjects of Legislation
Delivery of basic services and facilities (Sec. 17
Review of Legislative measures and executive
orders from lower- level LGUs ( Sec. 447, 458,
and 468)
Maintain peace and order
Prescribe penalties for violations of ordinance
Protect the environment
Specific Subjects of Legislation
Protect inhabitants from man-made or
natural disasters and calamities
Provide for creation of local offices
Grant incentives to public servants
Grant tax exemptions
Grant franchises and licenses
Specific Subjects of Legislation
Grant fishing privileges
Grant scholarships
Grant loans/ financial assistance to other
LGUs
Provide for operation of vocational and
technical schools
Provide for care of vulnerable persons
Areas of Regulation
Regulate the establishment and operation o
identified businesses or enterprises
Regulate practice of professions or
occupations not covered by government
licensing examinations
Regulate land use, reclassify land, and enac
zoning ordinances
Regulate use of property, e.g., land, building
and structures
Areas of Regulation
Regulate subdivisions
Regulate construction/operation of private
markets, talipapas, etc.
Regulate selling of food commodities
Regulate streets and other public places
Regulate tricycles and pedicabs
Legislative Oversight
Refers to the review and monitoring of
executive agencies, programs, activities, and
policy implementation
Exercised through legislative authorization,
appropriations, investigations, and hearings
An implied power that derives from the
legislatures power of the purse
An integral part of the constitutional system
of checks and balances
Legislative Oversight
An implied rather than an enumerated
power under the Constitution of the LGC
The law does not explicitly grant local
councils the authority to conduct inquiries o
investigations of the executive, to have
access to records or materials held by the
executive, or to issue subpoenas for
documents or testimony from the executive
Legislative Oversight
Derives from the many express powers of
the Sanggunian: to appropriate funds, to
enact laws, and to concur to executive
appointments
The legislature could not reasonably or
responsibly exercise these powers without
knowing what the executives are doing; how
programs are being administered; by whom
and at what cost, and whether officials are
complying with legislative intent
Purposes of Oversight
Improve the efficiency, economy and
effectiveness of governmental
operations
Evaluate programs and performance
Detect and prevent poor administration,
Inform
the
general
andbehavior
ensure that
waste,
abuse
andpublic
arbitrary
executive policies reflect the public interest
Purposes of Oversight
Gather information to develop new
legislative proposals or to amend exiting
statutes
Ensure administrative compliance with
legislative intent
Legislative Oversight
Sec. 465, (b), (1), (i):
the Provincial Governor shall.determin
the guidelines of provincial policies and be
responsible to the Sangguniang
Panlalawigan for the program of
Government,
Legislative Oversight
Sec. 465, (b), (1), (iii):
..the Provincial Governor shall.present the
program of the government and propose
policies and projects for the consideration of the
Sangguniang Panlalawigan at the opening of
the regular session of the Sangguniang
Panlalawigan every calendar year and as often as
may be deemed necessary as the general
welfare of the inhabitants and the needs of the
provincial government may require
Legislative Oversight
Sec. 465, (b), (1), (iv):
.the Provincial Governor shallinitiate an
propose legislative measures to the
Sangguniang Panlalawigan and as often as ma
be deemed necessary, provide such
information and data needed or requested
said Sanggunian in the performance of its
legislative functions
SALUS POPULI EST SUPREMA LEX
of the
People
The
welfare
Is the
Highest
Law
