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

Multi- Faceted Powers& Functions of the Sanggunian

2

Revenue Generation

Appropriation of Funds

OversightLegislationRegulation

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

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 16Service Delivery Areas: Section 17Corporate Powers: Section 22Roles of Local Governments:

Sections 384, 440, 448 and 459

Concept of Local Legislation

As a POWER The Sanggunian’s authority to enact ordinances, approve resolutions, or appropriate funds designed to deliver basic services and facilities, and to promote the general welfare

As a PROCESS The Sanggunian’s continuous interaction with LGU’s executive branch, constituents, civil society and other actors of governance, resulting in policy actions that promote the development of the locality

Local Legislative PowerSince time immemorial, LGUs can legislate

on purely local mattersLocal 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 Sanggunian’s 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

Vice Governor/

Vice Mayor

LCE and Local

Executive Offices

Sanggunian

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 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 interest”- ethical 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

13

Regular Session Special

Session

Held on designated day, time and place No need for written notice Any agenda maybe discussed Held at least once a week

Maybe called by LCE or majority of members Held on day, time and place specified in written notice Only stated agenda may be discussed

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 measure2. LCE does not act on the measure within 10 days3. 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 and

reasons for its exercise Punong Barangay has no veto power Sanggunian override cannot be further

overridden by the LCE

Legislative Review

SANGGUNIAN

Transmit lower-level ordinances within 3 days in case of cities/municipalities (or 10 days in case of Barangays) from enactment

Fails to take action within 30 days allowing lower-level ordinance to “lapse into law”

Returns lower-level measures enacted beyond the LGU’s authority, 9 or inconsistent with law or city ordinance) within 30 days for adjustment/amendment

Cities/Municipalities/Barangays

Effectivity of Ordinances

Ordinance can provide for its own date of affectivity

If ordinance is silent, then it shall take effect 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 in newspaper of general circulation

In case of HUCs, measures must be posted and 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 ordinances 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 of

identified businesses or enterprises Regulate practice of professions or

occupations not covered by government licensing examinations

Regulate land use, reclassify land, and enact zoning ordinances

Regulate use of property, e.g., land, buildings, 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 legislature’s “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 or 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 performanceDetect and prevent poor administration,

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

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….determine 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 OversightSec. 465, (b), (1), (iv):

“….the Provincial Governor shall…initiate and propose legislative measures to the Sangguniang Panlalawigan and as often as may be deemed necessary, provide such information and data needed or requested by said Sanggunian in the performance of its legislative functions”

SALUS POPULI EST SUPREMA LEX

The welfare

of the People

Is the Highest Law