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Powers and Functions of

the Sanggunian

Counc. Margie Lou Humilde


Presenter

Prof. Josefina B. Bitonio,DPA


PA 101 Local Governance and Administration

4/11/2014
4/11/2014
Multi- Faceted Powers
& Functions of the Sanggunian

Appropriation Revenue
of Funds Generation

Regulation Legislation Oversight

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What is Legislation?

LEGIS LATIO

+
which means which means
a law or rule an act of
proposing

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  As a PROCESS
The Sanggunian’s The Sanggunian’s
authority to enact continuous interaction with
ordinances, approve LGU’s executive branch,
resolutions, or constituents, civil society
appropriate funds and other actors of
designed to deliver basic governance, resulting in
services and facilities, and policy actions that promote
to promote the general the development of the
welfare 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 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

LCE and Vice


Local Governor/
Sanggunian
Executive Vice
Offices Mayor
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

Regular
Session Special
Session

 Held on designated day, Maybe called by LCE or


time and place majority of members
 No need for written notice  Held on day, time and
 Any agenda maybe place specified in written
discussed notice
 Held at least once a week  Only stated agenda may be
discussed
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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 and
reasons for its exercise
 Punong Barangay has no veto power
 Sanggunian override cannot be further
overridden by the LCE
Legislative Review

SANGGUNIAN

Returns lower-level
Transmit lower- Fails to take
measures enacted
level ordinances beyond the LGU’s action within 30
within 3 days in authority, 9 or days allowing
case of inconsistent with law lower-level
cities/municipaliti or city ordinance) ordinance to
es (or 10 days in within 30 days for “lapse into law”
case of Barangays) adjustment
from enactment /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 performance
 Detect 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 Oversight
Sec. 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

Is the
Highest
of the Law
The People
welfare