Local Legislative Process

. 1. Local Legislative Process, Powers and Functions of

Sanggunian Marycris E. Viernes PRESENTER Prof. Jo B. Bitonio,
DPA MPA 203 Local Governance & Administration
. 2. What is Legislation? the exercise of the power and function of
making rules (such as laws) that have the force of authority by
virtue of their promulgation by an official organ of a state
. 3. What is local legislation? Local legislation can be understood
in two ways: a) Local legislation as 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. b) Local legislation
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.
. 4. Why is local legislation important? Local legislation is a
powerful and vital tool for: a. Addressing the problems of the
citizens of the LGU b. Promoting the general welfare and
development of the LGU and its citizens c. Attaining the vision of
the LGU for its citizen
. 5. All Levels of the sanggunian, except the sangguniang
barangay, which exercises only legislative functions, are
invested with dual functions namely: 1. As a legislative body; and
2. As a quasi-judicial body. In exercising legislative functions, the
applicable provisions of the Local Government Code (RA 7160)
are from Section 48 to 59.
. 6. 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.
. 7. Local Legislative Power  Sangguniang Panlalawigan for the
province – Vice Governor  Sangguniang Panglungsod for the city
– City Vice-Mayor  Sangguniang Bayan for the municipality –
Municipal Vice-Mayor  Sangguniang barangay for the barangay –
Punong-Barangay
. 8. Local Legislative Power  the inability of the regular presiding
officer to preside at a Sanggunian session, the members pesent
and constituting a quorum shall elect from among themselves a
temporary presiding officer. He shall certify within ten (10) days
from the passage of ordinances enacted and resolutions adopted
by the Sanggunian in the session over which he temporarily
presided.
. 9. Duties and Powers of the Presiding Officer  LGC 1991 Section
49: the Vice Governor/Vice Mayor shall be the Sanggunian’s
 regular presiding officer  LGC Section 457: the Vice Governor/
Vice Mayor is an integral part in the composition of the council
. 10.  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  To sign all
ordinances, resolutions, memorials, writs, warrants and
subpoena issued by or upon order of the Sanggunian;  To
exercise supervision over all committees; and  To prepare and
submit to the Executive Department the annual budget of the
Sanggunian with the assistance of the Committee on Finance,
Ways and Means & Appropriations.
. 11. Internal Rules of Procedure On the first regular session
following the election of its members and within ninety (90) days
thereafter, the Sanggunian concerned shall adopt or update its
existing rules of procedures.
. 12. The rules of procedure shall provide for the following: 1. The
organization of the Sanggunian and the election of its officers as
well as the creation of standing committees which shall include,
but shall not be limited to, the committee on appropriations,
women and family, human rights, youth and sports development,
environmental protection, and cooperatives; the general
jurisdiction of each committee; and the election of the chairman
and members of each committee;
. 13. Internal Rules of Procedure 2. The order and calendar of
business for each session 3. The legislative process 4. The
parliamentary procedures which include the conduct of members
during sessions
. 14. 2. The discipline of members for disorderly behaviour and
absences without justifiable cause for four (4) consecutive
sessions, for which they may be censured, reprimanded, or
excluded from the session, suspended for not more than sixty
(60) days, or expelled: Provided that the penalty of suspension or
expulsion shall require the concurrence of at least two-third(2/3)
vote of all the Sanggunian members: Provided, further, that a
member convicted by final judgement to imprisonment of at least
one (1) year for any crime involving moral turpitude shall be
automatically expelled from the Sanggunian; and 3. Such other
rules as the Sanggunian may adopt.
. 15. Multi-Faceted Powers & Functions of the Sanggunian
Appropriation of Funds Revenue Generation OversightRegulation
Legislation
. 16. SANGGUNIAN SESSION – refers to a single meeting of the
sanggunian (Section 52, LGC) KINDS OF SESSIONS WITH
BINDING LEGAL EFFECT: REGULAR SESSION  Held on
designated day, time and place  No need for written notice 
Any agenda maybe discussed  Held at least once a week
. 17. Minimum number of regular sessions - Once a week for the
sangguniang panlalawigan, Sangguniang panlungsod and
sangguniang bayan. - 2x a month for the sangguniang barangay
. 18. SPECIAL SESSION  Maybe called by the LCE or majority
members  Held on day, time and place specified in written
notice  Only stated agenda maybe discussed REQUIREMENTS: 
Written notice to members  Personal service at the member’s
usual place of residence at least 24 hours before the special
session is held
. 19. Note: a) No 2 sessions, regular or special, may be held in a
single day. b) Unless otherwise concurred by 2/3 vote of the
sanggunian members present, there being a quorum, no other
matters maybe considered at a special session EXCEPT those
stated in the notice
. 20. Session authorized under RA 8185 where the sanggunian,
within 48 hours from the occurrence of a calamity, may call an
emergency session for the purpose of determining and declaring
a local state of calamity.
. 21. Flowchart of Legislative Process Proposed Measures
Ordinances and Resolutions coming from any member/from the
concerned committee SECRETARY Logged to Record FIRST
READING (Title Only) Referred to Committee Concerned
Committee Hearing Public Hearing Committee Meeting
COMMITTEE REPORT (findings or recommendations) to file away
or to calendar for second reading COMMITTTEE ON RULES
Prioritize proposals to be included in the calendar of business for
second reading, etc. SECOND READING •Period of Debate •Period
of Amendment •Approval of Second Reading SECRETARY Print
final copy of final version and furnish copy thereof to all members
THIRD AND FINAL READING •Approval on third reading MAYOR •
Approval • VETO
. 22. Effectivity of Ordinances or Resolutions a. Unless otherwise
stated in the ordinance or the resolution approving the local
development plan and public investment program, the same shall
take effect after 10 days from the date a copy thereof is posted in
a bulletin board at the entrance of the provincial capitol or city,
municipality or barangay hall and in at least 2 other conspicuous
places in the local government unit concerned.
. 23. b. The secretary to the Sanggunian concerned shall cause the
posting of an ordinance or resolution in the bulletin board at the
entrance of the provincial capitol and the city, municipal, or
Barangay hall in at least two (2) conspicuous places in the local
government unit concerned not later than five (5) days after
approval thereof.
. 24. The text of the ordinance or resolution shall be disseminated
and posted in Filipino or English and in the language or dialect
understood by the majority of the people in the local government
unit concerned, and the secretary to the Sanggunian shall record
 such fact in a book kept for the purpose, stating the dates of
approval and posting.
. 25. Effectivity of Ordinances or Resolutions c. The gist of all
ordinances with penal sanctions shall be published in a
newspaper of general circulation within the province where the
local legislative body concerned belongs. In the absence of any
newspaper of general circulation within the province, posting of
such ordinances shall be made in all municipalities and cities of
the province where the Sanggunian of origin is situated. d. In the
case of highly urbanized cities, the main features of the
ordinance or resolution duly enacted or adopted shall, in addition
to being posted, be published once in a local newspaper of
general circulation within the city: Provided, that in the absence
thereof the ordinance or resolution shall be published in any
newspaper of general circulation.
. 26. FOOD FOR THOUGHT SALUS POPULI SUPREME LEX ESTO
LET THE WELFARE OF THE PEOPLE BE THE SUPREME LAW -
motto of MISSOURI