locAL LEGISLATIVE

7/26/2019 locAL LEGISLATIVE

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4/11/2014

Powers and Functions of

the Sanggunian

4/11/2014

Counc. Margie Lou HumildePresenter

Prof. Josefina B. Bitonio,DPAPA 101 Local Governance and Administration


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Multi- Faceted Powers

& Functions of the Sanggunian

2

Revenue

Generation

Appropriation

of Funds

OversightLegislationRegulation


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What is Legislation?

LEGIS LATIO

+which means

a law or rule

proposing

which means

an act of

LEGISLATIONThe act of proposing a law, rule, or regulation


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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


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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


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Concept of Local Legislation

As a POWER

The Sanggunians

authority toenact

ordinances, approveresolutions, or

appropriate funds

designed to deliver basic

services and facilities, and

to promote the generalwelfare

As a PROCESS

The Sanggunianscontinuous interaction with

LGUs executive branch,constituents, civil society

and other actors of

governance, resulting in

policy actions that promote

the development of thelocality


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Local Legislative Power

Since time immemorial, LGUs can legislate

on purely local matters

Local legislators are more knowledgeable

than Congress on matters ofpurely localconcern, 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


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Where is Local Legislative Power Vested

Section 48 of the LGC states that legislative

power is vested in the Sanggunian as a

collegial, collective bodyLegislation 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


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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/ ViceMayor 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


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Presiding Officer

ViceGovernor/

ViceMayor

LCE andLocal

ExecutiveOffices

Sanggunian


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Internal Rules of Procedure

On the first regular session after the election

and within the 90 days, the Sanggunian must

adopt or update its house rules, providing for:

Organization and election of Officers

Creation of Committees

Order and Calendar of Business

The Legislative process

Disciplinary sanctions on members for disorderlybehavior and unjustified absences


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Duty to Disclose Conflict of Interest

Every Sanggunian Member must fullydisclose any financial/ business/professional/ personal interest withany person or entity affected by an

ordinance under its consideration Conflict of interest- ethical

considerations suggesting that a publicofficial should be inhibited fromperforming an official function becauseof clash between public interest andhis/her private pecuniary interest


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Regular and Special Sessions

13

Regular

Session SpecialSession

Held on designated day,time and placeNo need for written notice

Any agenda maybediscussedHeld at least once a week

Maybe called by LCE ormajority of membersHeld on day, time and

place specified in writtennoticeOnly stated agenda may bediscussed


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Quorum

Majority of all members who have beenelected and qualified (not those werevoted upon)

The term majority means more than half Jurisprudence tells us that the Vice

Governor/ Vice Mayor is included in thecomputation of the quorum


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When are Measures Deemed Approved

Simple Ordinance:majority of members present there being a quorum

Ordinance authorizing payment of money orcreation of liability:

majority of all members


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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 within10 days

3. LCE vetoes measure, but Sanggunianoverrides it by 2/3 vote of all members


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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 andreasons for its exercise

Punong Barangay has no veto power

Sanggunian override cannot be further

overridden by the LCE


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Legislative Review

SANGGUNIAN

Transmit lower-level ordinanceswithin 3 daysincase ofcities/municipalities (or 10 days incase of Barangays)

from enactment

Fails to take

action within 30days allowinglower-levelordinance tolapse into law

Returns lower-level

measures enactedbeyond the LGUsauthority, 9 orinconsistent with lawor city ordinance)within 30 days foradjustment

/amendment

Cities/Municipalities/Barangays


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Effectivity of Ordinances

Ordinance can provide for its own date ofaffectivity If ordinance is silent, then it shall take effect

after the lapse of 10 days from date of itspublication

Approved measures shall beposted/disseminated in Filipino or English Gist of penal ordinances must be published in

newspaper of general circulation In case of HUCs, measures must be posted and

published in newspaper of general circulation


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Specific Subjects of Legislation

Delivery of basic services and facilities (Sec. 17)

Review of Legislative measures and executiveorders from lower- level LGUs ( Sec. 447, 458,and 468)

Maintain peace and order

Prescribe penalties for violations of ordinances

Protect the environment


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Protect inhabitants from man-made ornatural disasters and calamities

Provide for creation of local offices

Grant incentives to public servants Grant tax exemptions

Grant franchises and licenses


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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


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Areas of Regulation

Regulate the establishment and operation ofidentified businesses or enterprises

Regulate practice of professions or

occupations not covered by governmentlicensing examinations

Regulate land use, reclassify land, and enactzoning ordinances

Regulate use of property, e.g., land, buildings,and structures


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Areas of Regulation

Regulate subdivisions

Regulate construction/operation of privatemarkets, talipapas, etc.

Regulate selling of food commodities

Regulate streets and other public places

Regulate tricycles and pedicabs


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Legislative Oversight

Refers to the review and monitoring ofexecutive agencies, programs, activities, andpolicy implementation

Exercised through legislative authorization,appropriations, investigations, and hearings

An implied power that derives from thelegislatures power of the purse

An integral part of the constitutional systemof checks and balances


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An implied rather than an enumeratedpower under the Constitution of the LGC

The law does not explicitly grant localcouncils the authority to conduct inquiries or

investigations of the executive, to haveaccess to records or materials held by theexecutive, or to issue subpoenas fordocuments or testimony from the executive


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Derives from the many express powers ofthe Sanggunian: to appropriate funds, toenact laws, and to concur to executiveappointments

The legislature could not reasonably orresponsibly exercise these powers withoutknowing whatthe executives are doing; howprograms are being administered; by whom,and at what cost, and whether officials are

complying with legislative intent


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Purposes of Oversight

Improve the efficiency, economy andeffectiveness of governmental operations

Evaluate programs and performance

Detect and prevent poor administration,

waste, abuse and arbitrary behavior Inform the general public and ensure that

executive policies reflect the public interest


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Purposes of Oversight

Gather information to develop newlegislative proposals or to amend exitingstatutes

Ensure administrative compliance with

legislative intent


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Sec. 465, (b), (1), (i):

the Provincial Governor shall.determine

the guidelines of provincial policies and beresponsible to the Sangguniang

Panlalawigan for the program of

Government,


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Sec. 465, (b), (1), (iii):

..the Provincial Governor shall.present theprogram of the government and proposepolicies and projects for the consideration of the

Sangguniang Panlalawiganat the opening ofthe regular session of the SangguniangPanlalawigan every calendar year and as often asmay be deemed necessary as the generalwelfare of the inhabitants and the needs of the

provincial government may require


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Sec. 465, (b), (1), (iv):

.the Provincial Governor shallinitiate andpropose legislative measures to theSangguniang Panlalawigan and as often as maybe deemed necessary, provide suchinformation and data needed or requested bysaid Sanggunian in the performance of itslegislative functions


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SALUS POPULI EST SUPREMA LEX

Thewelfare

of thePeople

Is theHighestLaw

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