THE POWERS, DUTIES

AND
FUNCTIONS OF
THE SANGGUNIAN

FOOD FOR THOUGHT:
“ Those who have less in life should
have more in law”

FOOD FOR THOUGHT :
“ The test of government is not whether we add
more to the abundance of those who have much;
it is whether we provide for those who have little.”

FRANKLYN DE LANO ROOSEVELT
Former U.S President

FOOD FOR THOUGHT :

“We have to listen to the murmurings of the people,
feel their pulse, supply their needs and fortify their
faith and trust in us whom they elected to public
office. The change, if it is to be permanent and
significant must start with us and in us. Love of
country, subordination of personal interests to the
common good, concern and care for the helpless
and the impoverished – these are among the lost and
faded values that we seek to recover and revitalize as
we commence our journey towards a better
Philippines.”

“We have to listen to the murmurings of the people, feel their pulse, supply
their needs and fortify their faith and trust in us whom they elected to public
office. The change, if it is to be permanent and significant must start with
us and in us.
(June 30, 2016 Inaugural address, Malacańang Palace)

Police Power b. Power of Taxation c. OUTLINE OF PRESENTATION What is Legislative Power? What is Law? The Local Legislative Body: Composition What are the POWERS OF THE SANGGUNIAN? a. Power of Eminent Domain Basic Principles in ordinance making Survey of recent Supreme Court Cases on the powers of LGUs .

Answer in pairs (3 to 5 minutes) 2. List down what you expect to do . START OF PRESENTATION: “ WHAT DO YOU EXPECT TO DO IN YOUR LGU AS COUNCILOR?” MECHANICS: 1.

LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE WHAT IS LEGISLATIVE POWER? Local legislative power is the power of LGUs thru their local legislative councils to enact. modify ordinances and approve resolutions Sec. amend. repeal. 48 LGC .

Effectively binding upon all who are within the jurisdiction 1. Promulgated by demandable rights duly constituted and enforceable authority obligations . Creating 2. WHAT IS LAW? 4. Rule of of the promulgated Conduct authority 3.

4. 146767 Jan.R. G. No. 2004) . Caballero. LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE PRINCIPAL FUNCTION AND DUTY OF SANGGUNIAN MEMBERS a) “The principal duty and function of the sanggunian (legislation) requires the participation of all its members so that they may not only represent the interests of their respective constituents but also help in the making of decisions by voting upon every question put on the body” (Zamora vs.

A. Regular Sanggunian Members 3. President of Liga ng Barangay (ABC) 4. Sectoral Representatives as may be prescribed by law (exampe R. President of SK 5. 8371. Vice Mayor as Presiding Officer 2. LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE THE LOCAL LEGISLATIVE BODY: The SANGGUNIAN COMPOSITION : 1. 1997 Indigenous People’s law) .

as the legislative body of the LGU shall : 1.POWERS.A. DUTIES AND FUNCTIONS OF THE SANGGUNIAN LEGISLATIVE POWER Delegated by Congress thru R. Enact ordinances. Appropriate funds for the general welfare of the LGU and its inhabitants . 7160 (New Local Government Code of 1991) “The SP/SB. approve resolutions 2.

as provided under (Section 22 of the LGC) . Pursuant to Section 16 (General Welfare Clause) of this code and in the proper exercise of the CORPORATE POWERS of the LGU.

local government units shall ensure and support. Within their respective territorial jurisdictions. promote full employment among their residents.” . as well as powers necessary. among other things. enhance economic prosperity and social justice. and preserve the comfort and convenience of their inhabitants. the preservation and enrichment of culture. appropriate. those necessarily implied therefrom. GENERAL WELFARE CLAUSE (Section 16) “Every local government unit shall exercise the powers expressly granted. encourage and support the development of appropriate and self-reliant scientific and technological capabilities. enhance the right of the people to a balanced ecology. maintain peace and order. promote health and safety. or incidental for its efficient and effective governance. and those which are essential to the promotion of the general welfare. improve public morals.

WHAT IS THE MOST IMPORTANT PIECE OF LEGISLATION? .

. POWER OF THE PURSE ANNUAL BUDGET (APPROPRIATION ORDINANCE) The single most important piece of local legislation done annually.LEGISLATIVE POWER INCLUDES : 1. It is here that you can make the most difference as a local legislator and in the lives of your constituents.

through an ordinance. 305 (a) )  Fundamental Principle of Local Fiscal Administration .” (SEC. LEGAL BASIS : “ On or before the end of the current fiscal year. the sanggunian concerned shall enact. the ANNUAL BUDGET for the LGU for the ensuing fiscal year or the basis of the estimates of income and expenditures submitted by the LCE. 319) “ No money shall be paid out of the local treasury except in pursuance of an APPROPRIATIONS ORDINANCE or Law.” (SEC.

” (Section 22) . 2. CORPORATE POWERS “(a) No contract may be entered into by the LCE in behalf of the LGU without PRIOR AUTHORIZATION by the sanggunian concerned.

3. (Article 10. POWER TO CREATE OWN SOURCES REVENUES “ Each LGU shall have the power to create its own sources of revenues and to levy taxes. fees and changes subject to such guidelines and limitations as Congress may provide consistent with the basic policy of local autonomy. Constitution) . Such taxes. Section 5. 1987 Phil. fees and changes shall accrue EXCLUSIVELY to the LGU.

POWER TO TAX NOT A DELEGATED POWER but a CONSTITUTIONAL POWER. WHY? Because LOCAL AUTONOMY is powerless/useless/meaningless without FISCAL AUTONOMY .

6 & 7 Article 10) .OTHER CONSTITUTIONAL SOURCES OF FUNDS LGUs have : 1. Equitable share in the proceeds of the utilization and development of national wealth within their respective territorial jurisdiction (Sec. Share in the national taxes 2.

Credit financing schemes such as BOT (R. 300 & 301. 7718) . LGC) 3. Exercise of proprietary functions (Sec. 22 (d) ) 5. 299 4. LGC) 2. Raise funds from loans (Sec. Accept donations and grants (Sec 23. Float bonds Sec.A. STATUTORY SOURCES OF FUNDS LGUs shall : 1.

POWER OF EMINENT DOMAIN (Statutory Power granted by LGC) “A local government unit may. The LGU may immediately take position of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least 15% of the fair market value of the property based on the current tax declaration of the property 3. 19 LGC) . PROVIDED: 1. There must be a valid and definite offer to buy which has been previously made to the owner and such offer was not accepted. thru its chief executive and acting pursuant to an ordinance exercise the power of Eminent Domain for public use or purpose or welfare for the benefit of the poor and landless upon payment of just compensation pursuant to the provisions of the constitution and pertinent laws. 2. The amount to be paid for the expropriated property shall be determined by the proper court based on the fair market value at the time of the taking of the property (Sec.

468 (1) (iii)/Sec. 000 MAXIMUM MAXIMUM (OR BOTH FINE AND IMPRISONMENT AT THE DISCRETION OF THE COURT) . 319 (14) IMPRISONMENT 1 YEAR 6 MONTHS NONE MAXIMUM MAXIMUM FINE 5. 4. 447 (1) (iii) Sec. 458 (1) (iii) Sec. 500 P 1. POWER TO IMPOSE IMPRISONMENT/FINES PROVINCE/CITY MUNICIPALITY BARANGAY Sec. 000 P 2.

60-68. Quasi-Judicial: investigation of administrative cases over elected officials under them (Sec. LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE 5. 118. OTHER POWERS OF THE SANGGUNIAN 1. LGC) 3. Confirm appointments of department heads issued by the Mayor/Governor (found in different sections of LGC) . Quasi-judicial: Settlement of barangay/municipal boundary disputes as the case maybe (Sec. LGC) 2.

48-59.4. LGC) . Power to declare portion or whole of the local territory as under the state of calamity (RA 8185 as amended by RA10121) Local Legislation (Sec.Power to review ordinances and resolutions approving the local development plan and local investment program passed by lower LGU 5.

REVIEW OF BARANGAY ORDINANCES BY SB/SP (Sec.approved . 2016 6.57) a) Within 10 days after enactment furnish copy of Barangay Ordinance to SB/SP b) Grounds for review: Whether consistent with law or mun/city ordinances c) If no action within 30 days . LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE Davao City| October 12 -14.

57) d) Otherwise return the same with comments and recommendations for adjustment. amendment or modification and in the meantime ordinance is suspended until changes made accordingly e) If disapproved and ordinance is still enforced - suspension or dismissal is penalty (Sec. LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE Davao City| October 12 -14. 2016 6.58) . REVIEW OF BARANGAY ORDINANCES BY SB/SP (Sec.

2016 THE VICE MAYOR/PRESIDING OFFICER (Sec. rules and regulation appoint all officials and employees of saggunian c) Sign all warrants drawn on treasury for all expenditures appropriated for operation of sanggunian . LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE Davao City| October 12 -14. 445/456) a) Presiding Officer of SB/SP b) Subject to CSC laws.

2016 THE VICE MAYOR/PRESIDING OFFICER (Sec. 445/456) d) Assume the office of LCE for the unexpired term in case of permanent vacancy under Sec. LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE Davao City| October 12 -14. 44 LGC e) Such other powers and duties/functions as may be prescribed by law or ordinance .

not being expected to be familiar with local affairs of local government units. SUBSTANTIVE ASPECT (Laman) IN LOCAL LEGISLATION 1. The product of Congress is called "Law" while the product of sanggunians is called " Ordinance" . 2. delegated the exercise of local legislative powers to the different sanggunians via Sec 48 LGC. 2016 BASIC PRINCIPLES IN ORDINANCE MAKING POWER. The power to exercise legislation in general is vested by the Constitution to Congress. Congress. LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE Davao City| October 12 -14.

agent cannot rise above his principal. "ordinance" cannot rise above "law“. 4. Ordinance cannot allow what is prohibited by law. hence. Congress is principal while sanggunians are agents of Congress. “constitution" and " national policies".3. 5. Ordinance must not contravene "law". .

To determine this. Regulation must be reasonable. 8.6. Ordinance must not limit itself to the present conditions in relation to the purpose it seeks to achieve. and 9. examine the powers of the Sanggunian (sec 447 & 458 of LGC) . Ordinance cannot prohibit what is allowed by law. but can only regulate it. The subject matter of the ordinance is within the enumerated powers of the Sanggunian concerned. 7.

Must not be unfair or oppressive. It must not contravene the constitution or any statute.TEST OF A VALID ORDINANCE For an ordinance to be valid. CITY OF MANILA (January 20. and 6. Must be general and consistent with public policy. 2009) . 3. it must not only be within the corporate powers of the LGU to enact and must be passed according to the procedure prescribed by law. 2015) and WHITE LIGHT CORPORATION vs. Must not be partial or discriminatory. 5. it must also conform to the following substantive requirements: 1. 4. 2. Must not be unreasonable FERRER vs. BAUTISTA (June 30. Must not prohibit but may regulate trade.

11. otherwise this will amount to control (Leynes vs. 2010) 2. COA. Sept. 2003) . SURVEY OF RECENT SUPREME COURT DECISIONS ON WHAT AN LGU CAN AND CANNOT DO CAN DO 1. COA. Dec. The DBM cannot impose a cap on the allowance since there is no law which limits the amount. Grant and release the disbursement for the hospitalization and health care insurance benefits of provincial officials and employees without prior approval from the President since there is no law requiring prior approval (Negros Occidental vs. Provide allowances to judges subject to availability of local funds. 28.

or direct the substitution of provisions since this will amount to control (Drilon vs. oppressive or confiscatory. Aug.3. Lim. COA. provided that the grant of benefits does not run in conflict with other statutes (Villarena vs. 1994 . Enact tax ordinances. 2003) 4. Aug. excessive. 4. 6. The secretary however. has no right to declare the tax measure unjust. Provide for additional allowances and other benefits to national government officials stationed or assigned to a municipality or city. subject to review by the DOJ Secretary to ascertain the constitutionality or legality thereof.

5. 2009) 6. 18. May 25. 2004) . Court of Appeals. DARs authority is confined to the conversion of agricultural land (Camarines Sur vs. Expropriate agricultural land without securing approval from the DAR since there is no law which requires this. Court of Appeals. Sept. Reclassify lands from residential to non- agricultural lands without DAR approval as there is no law mandating such approval (Pasong Bayabas Farmers Association vs.

Privatize the administration of parking for environmental and peace and safety reasons both of which are within its powers under Sec. April 22. 2014) . 458 of the LGC. By delegating governmental functions in terms of regulating the designation and use of parking spaces. October 7. the privatization contract takes the essential character of a franchise because what is being privatized is a government-monopolized function (SP ng Baguio City vs. as well as the collection of fees for such use. Antonino-Custodio. 2013) 8. Grant and release hospitalization and health care insurance benefits to its officials and employees who were sickly and unproductive due to health reasons. Local autonomy allows an interpretation of sections 76 and 16 as granting petitioner city the authority to create its organization development program (City of General Santos vs. Jadewell Parking Sytems Corp.7.

Issue zoning classification. 2007) . 2007) 11. A zoning ordinance is defined as a local city or municipal legislation which logically arranges. Prohibit the expansion of a hospital based on the approval of a new zoning ordinance identifying another zone for hospitals. prescribes. Feb. Nov. but which allows existing structures to continue in their present location (Defino vs. 23. Restrict the use of property since contractual restrictions on the use of property could not prevail over the reasonable exercise of police power thru zoning regulations (United BF Homes vs. City Mayor of Paranaque. James Hospital. St. defines and apportions a given political subdivision into a specific land uses as present and future projection of deeds (Pasong Bayabas Case) 10. 7.9.

after an investigation was conducted. Court of Appeals.12. when there was no building permit from the host municipality. January 21. Inc. Municipality of Virac. 1992) 13. 1991) . Regulate the construction of warehouses wherein inflammable materials are stored where such warehouses are located at a distance of 200 meters from a block of houses and not the construction per se of a warehouse (Tatel vs. vs. Order the closure and padlocking of a plant causing pollution when the closure was in response to complaints of residents. and when the temporary permit to operate by the National Pollution Control Commission has expired (Technology Developers. March 11.

after an investigation was conducted. it does not encroach on NTC’s regulatory powers (Smart Communication Powers vs. In the exercise of its police power. 1991) 14. 18. Batangas Feb. 2014) . vs. when there was no building permit from the host municipality. Regulate the installation and maintenance of a telecommunications tower. January 21. Court of Appeals.13. Inc. Order the closure and padlocking of a plant causing pollution when the closure was in response to complaints of residents. Municipality of Malvar. and when the temporary permit to operate by the National Pollution Control Commission has expired (Technology Developers.

Ordinances regulating waste removal carry a strong presumption of validity. but also by the local government unit where his business is situated (Province of Cagayan vs. Supervise ad control the collection of garbage within its corporate limits. LGUs are statutorily sanctioned to impose and collect such reasonable fees and charges for services rendered (Ferrer vs. July 24. June 30. Necessarily. In order for an entity to legally undertake a quarrying business. 2015) . 2013) 16. Order the stoppage of quarrying operations. he must first comply with all the requirements imposed not only by the national government (Mines and Geosciences Bureau and DENR). Bautista.15 . Lara.

The contemplated “forfeiture” in the provision points to the situation where the local government ipso facto “forfeits” the property for want of a bidder (The City of Davao vs.17. 2015) . in the absence of the public in the public bidding. Dalisay. 15. Purchase the property in behalf of the city (by the City Treasurer). Intestate Estate of Amado S. Jul. Reason would dictate that this purchase by the city is the very forfeiture mandated by the law.

2013). dance halls. Inc. Require a private owner to demolish a wall or build a fence with a setback for the purpose of allowing the general public to use the property of the private owner for free depriving the owner of exclusive use (Fernando vs. night clubs.. CANNOT DO 1. 12. motels. . 2. St Scholastica’s College. 31. beerhouses. inns or order their transfer or conversion without infringing the constitutional guarantees of due process and equal protection of laws not even under the guise of police power (Ermita-Malate Hotel and Motel Operations Association. 1967). cabarets. Jul. Prohibit the operation of sauna and massage parlors. day clubs. discotheques. Mayor of Manila. Mar. super clubs. karaoke bars. vs.

prostitution. 1983). 4. 25. use of illicit drugs) is already prohibited and can be curtailed by applying existing laws (Whitelight Corporation vs. Paras. 20. July. Prohibit of the operation of night clubs They may be regulated.3. but not prevented from carrying on their business (Dela Cruz vs. . City of Manila. Enact an ordinance preventing motels from offering wash rates and renting out a room more than once a day is an unreasonable exercise of police power where the behavior which ordinance seeks to curtail (i. Jan..e. 2009).

Impose an absolute ban on public assemblies. Feb. Modify the terms of an application for a public assembly permit without indicating how the city mayor arrived at such a decision against the standard of the clear and present danger test (Integrated Bar of the Philippines vs. 24. A mayor. 2006). Atienza. public safety. Ermita April 25. 2010). 6.5. . can deny the issuance of a rally permit on the ground of clear and present danger to public order. public morals or public health (Bayan vs. however. public convenience.

Cause the summary abatement of concrete posts. Bustamante.e. 2000). through the issuance of a permit. Jul. 31. 2009). Professional Regulation Commission and the Board of Examiners in Optometry (Acebedo Optical vs. Such a function is within the exclusive domain of the administrative agency specifically empowered by law to supervise the profession. Court of Appeals Mar. 8.7. like that of optometry.. i. . Where the posts did not pose any hazard to the safety of persons and property but merely posed an inconvenience to the public by blocking the free passage of the people to and from the national road. The post is not nuisance per se (Telmo vs. 13. Regulate the practice of a profession.

.9. By its nature. it cannot be said to be in injurious to rights of property. Closure is not a remedy (Rural Bank of Makati vs. 2. July 26. Cause the destruction of quonset building where copra is stored since this is a legitimate business. Court of Appeals. Order the closure of a bank for non-payment of taxes since the appropriate remedies to enforce payment of delinquent taxes or fees are provided in Section 62 of the Local Tax Code. Jul. 10. 2004). If it is a nuisance per accidens it may be so proven in a hearing conducted for that purpose (Estate Francisco vs. Municipality of Makati. or health or of comfort of the community. 1991).

City Mayor of Baguio. Order summary demolition or eviction if it was not shown that the structures are in danger areas or public areas. 7279. 2015).11. or playground. (Alangdeo vs.A. road. and that there is a court order for demolition or eviction. 1. Convert a public plaza into a commercial center or to least to private parties. 2013). park. . or when the occupants are neither new squatters nor professional squatters nor members of squatting syndicates are defined in R. April 13. that a government infrastructure project is about to be implemented. 12. Cacayuran. Jul. It is beyond the commerce of man (Landbank of the Philippines vs. such as a sidewalk.

Regulate the subscriber rates charged by Cable Television operators within its territorial jurisdiction since this power is veste with the NTC to the exclusion of other bodies (Batangas CATV vs. PRYCE Properties and PAGCOR. 1994) . PAGCOR can setup casinos even without the approval of LGUs. 20. 14. People. The charter of PAGCOR empowers it to centralize gambling (Magtahas vs.13. 2004). Court of Appeals. 2005). Or grant franchises to cable television operators as this power has been delegated to the NTC ( Zoomzat vs. 20. Jul. Oct. Feb.

the ordinance is characterized by OVERBREADTH. compels existing terminals to close down and subject the users thereof to fees. which upon its constitutionality. not its effectiveness. Traffic congestion is a public concern. Feb. 2005) . 23. However. (Lucena Grand Central Terminal vs. the franchise for which was granted to another person. JAC Liner. when the ordinance prohibits the operation of all bus and jeepney terminals including those already existing.14. rentals and charges and grants an exclusive franchise to one operator when it is shown that this is not the only solution to the traffic congestion problem . allows the operation of only one common terminal located outside the city. It is its reasonableness.

THANK YOU .