Barangay Legislation

The Sangguniang Barangay

➢ is the LEGISLATIVE BODY of the

barangay and shall exercise the
legislative power for the barangay

➢ the sangguniang barangay exercises

only delegated legislative powers
conferred to them by the Congress
 The Sangguniang Barangay

➢Presiding Officer

➢7 regular Sangguniang Barangay

Members elected at large
Most Important Legislative
Documents
➢ Journal of Proceedings
➢ Minutes
➢ Calendar of Business
➢ Committee Reports
➢ Notice of Special Meetings and
Sessions
 Constitution of a Quorum

✓ A majority of ALL the members of the

Sanggunian who have been elected &
qualified to transact business
 Voting Requirements
✓ Greater than half of the membership of
the body.

✓ Qualified Majority – Majority vote of ALL

the kagawad, there being a quorum
✓ Simple Majority – majority vote of those
kagawad present, there being a quorum
 Effect of Lack of Quorum

No business can be transacted even with the

unanimous consent of those present
 ORDINANCE RESOLUTION
▪ A local law, a regulation of An expression of the

a general, permanent sentiments, declaration of a
nature, and a rule will; opinion; decision or
established by authority position on certain issues
▪ A legislative act passed by and matters of public
the local council in the interest and only special or
exercise of its law-making temporary in character.
 Cannot prescribe penalties
authority
except penalties imposing
▪ Contains penal provisions disciplinary actions against
▪ Has to undergo 3 readings erring elective barangay
in order to be formally officials
approved or enacted  Need not go thru 3 readings
for its final consideration
General Kinds of Ordinance
➢ Appropriation Ordinance
➢ Tax Ordinance
➢ Special Ordinance
➢ General Ordinance
 Requisites of a Valid Ordinance
• Must be in harmony with the constitution, laws and treaties,
general principles of law and equity
• Must relate to subject within the scope of the barangay
• Must be reasonable in its terms
• Must be adopted by the authorized legislative body, legally
convened
• Must be passed in the manner prescribed
• Must be precise, definite and certain in expression
• Must be fair /equitable
• Must regulate and not prohibit trade
Standards of Ordinance Drafting
1. SIMPLICITY and BREVITY – clarity of thoughts and
construction. Avoid unnecessary words

2. Use of “shall” and “shall not”; “may” and “may not”

• If action is mandatory, “shall” or “shall not” as the case
may be. Example: Section 1. Regulated Act. Any person
who appears nude in any public place within the
jurisdiction of this barangay shall be penalized.
• If action is permissive, “may” or “may not” as the case
may be. Example: Barangay residents who are below 18
years of age may not attend the CIVAC scheduled on
Saturday, November 22, 2008.
 Standards of Ordinance Drafting
3. Exceptions or conditions should follow the subject,
rather than putting them as provisions in the end:
Example: All male barangay residents except those below
18 or more than 40 years old shall register for temporary
police force.”
4. Write out numbers, no need to write out equivalent
in figures. Example: One, Two, Twenty Two
Exceptions:
• Dates – November 18, 2008
• Formulas – 2x +3y=5xy
• Tables – 3+3=6, 5-2=3
• Reference to statutes – Sec. 17 of Republic Act No. 7160
 Standards of Ordinance Drafting
5. Avoid abbreviations, except for A.M. and P.M.
6. Avoid uncommon Latin words, use only those
commonly used, underline or italicize them;
Examples: ex officio, en banc, ad hoc
7. General words following specific words are limited
to things relevant to those enumerated ( of the
same kind) Example: If a law refers to automobiles,
trucks, tractors, motorcycles and other motor-powered
vehicles, "vehicles" would not include airplanes, since the
list was of land-based transportation.
 Parts of an Ordinance
Republic of the Philippines
Heading City of ________
Barangay ________________
Ordinance No. _____
Ordinance No. Series of 2008

Title AN ORDINANCE PROHIBITING THE USE OF BARANGAY ROADS FOR THE DRYING OF PALAY AND
OTHER SIMILAR PURPOSES
(Sponsored by Hon. David Garcia, Jr.)
Sponsor Be it ordained by the Sangguniang Barangay that:

Enacting or Ordaining Section 1. Prohibited Act. No person shall use any portion of the public highway or any
Clause public road within the barangay of ______ for the drying of palay, corn, copra or any
other cereal, or for the drying of clothes or any commodity, or for any other similar
purposes.

Body Section 2. Penalty. Any person who violates this Ordinance shall be punished as follows:
- First Offense: Administrative fine (compromise) of Two Hundred Pesos (P200.00)

Penalty Clause - Second Offense: Administrative fine (compromise) of Four Hundred Pesos (P400.00)

- Third Offense: Fine of Five Hundred Pesos to One Thousand Pesos (P500.00-
P1,000.00) at the discretion of the court.
 Parts of an Ordinance
Section 4. Repealing Clause. All ordinances, rules and regulations, or parts thereof, whose
Repealing Clause
provisions are in conflict with, or contrary to, the provisions of this ordinance are
hereby repealed, amended, or modified accordingly.

Effectivity Clause Section 5. Effectivity. This Ordinance shall take effect immediately

Date Enacted ENACTED:___________________.

I hereby certify to the correctness of the foregoing Ordinance which was duly enacted by the
Sangguniang Barangay during their regular session held on ________________.
_______________________
Certification by the
Secretary Barangay Secretary

ATTESTED AND CERTIFIED

Signed by the Punong TO BE DULY ENACTED:
Barangay ________________________
Punong Barangay
 Parts of a Resolution
Republic of the Philippines
Heading City of ________
SANGGUNIANG KABATAAN
Barangay ________________

Resolution No.____
Resolution No. Series of 2008

Title of the Resolution “ A RESOLUTION REQUESTING THE DILG REGIONAL OFFICE, CEBU CITY TO CONDUCT A
SEMINAR ON LEADERSHIP AND TEAM BUILDING FOR THE KATIPUNAN NG
KABATAAN OF THIS BARANGAY”
Sponsor/ Author (Sponsored by SK Kagawad Audrey Lee)

WHEREAS, the youth is the hope of the fatherland;

“Whereas” Clauses
WHEREAS, there is a need to train the youth who are members of the Katipunan ng
Kabataan of this barangay to make them responsible future leaders;

NOW THEREFORE, on motion of__________ duly seconded by__________________;

 Parts of a Resolution
RESOLVED, to request the DILG REGIONAL OFFICE, Cebu City to conduct a seminar on leadership
Resolutory Portion and team building to the members of the Katipunan ng Kabataan of this barangay;
RESOLVED FURTHER, to furnish a copy of this resolution to DILG City Director Jerome Gonzales
Final Resolutory Portion
for his information and appropriate action.

Date Adopted ADOPTED:________________________

CERTIFIED CORRECT:
Certification of the ________________________
Secretary Barangay Secretary

ATTESTED AND CERTIFIED

Attestation of the TO BE DULY ADOPTED:
Presiding Officer ________________________
Punong Barangay
Internal Rules of Procedure
What is the Internal Rules of Procedure (IRP)?
▪ The IRP is an instrument useful in ensuring orderly
session and in enhancing quality legislation.

What is the value of the IRP?

▪ The importance of IRP is underscored in the Code
thereby mandating the sanggunian to adopt or update
its existing IRP within ninety (90) days of the 1st regular
session following the election of its members.
 Internal Rules of Procedure
i. organization of the sanggunian
ii. order and calendar of business
iii. the legislative process
iv. parliamentary procedures
v. discipline of members
vi. such other rules
 Organization of the Sanggunian
COMPOSITION
• Membership of the Sangguniang Barangay
POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIANG BARANGAY
DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS
• Compulsory attendance to sessions
• Required to vote
• Observe proper deportment and decorum
PRESIDING OFFICER- to vote only to break a tie; to relinquish the
chair to a temporary presiding officer.
• The Punong Barangay
 Organization of the Sanggunian
TEMPORARY PRESIDING OFFICER- Inability of the regular presiding
officer
REGULAR AND SPECIAL SESSIONS
• Regular session
• Special sessions-written notice
• Open to the public
• No two sessions in a day
QUORUM
• Start during the appointed time
• Compel the attendance of members
• Lack of quorum - adjourn
Order and Calendar of Business
1. Call to Order • Committee Reports (if any)
2. Invocation, Lupang Hinirang, Awit sa • Reports from Barangay Officials
Bohol 9. Calendar of Business
3. Roll Call • Unfinished Business
• Business for the Day (Second Reading)
4. Recognition of Barangay
Officials/Visitor • Unasssigned Business
5. Reading and consideration of 10. Third Reading
previous minutes 11. Announcement/ Other Matters
6. Presiding Officer’s Time 12. Adjournment
• Privilege Hour
• Question Hour
• Urgent matters (Ordinance/Resolution)
7. Reading and referral of proposed
measures (First Reading)
8. Reports
 Legislative Process in the Sanggunian
Proposed ordinance or Sanggunian thru First reading
resolution coming from
any member the Secretary (title only)

Committee Referral to the

Proposed ordinance hearing concerned committee
or resolution coming
from the
Committee Meeting Committee Report
concerned committee

Committee on Rules

Second Reading
a) Period of Debate Secretary
b) Period of Amendment
c) Approval on 2nd reading
Third and Final
Signed by the PB Reading
 Parliamentary Procedure
• SET OF PROVEN “RULES” USED TO MOVE BUSINESS
ALONG DURING A MEETING
• GUIDELINES- Not laws
• SYSTEM THAT ALLOWS AN ORGANIZATION TO
CONDUCT BUSINESS IN A FAIR AND DEMOCRATIC
MANNER
 Parliamentary Procedure
DECORUM AND DEBATES
 Formal reference to the Presiding Officer
 Formal reference to another member
 Relevance of statements to issue
 Refraining from personalities
 Coursing remarks, questions or answers
to the Chair
 Speaking against own motion is not
allowed
 Observance of time limit
 Civility in the conduct of members
 Parliamentary Procedure
MOTION- Proposal or resolution by a member that the body
take a certain action or express a certain view.

Handling and disposition of motions

a) Obtaining the floor
b) Recognition by the chair
c) Presentation of the motion
d) Seconding the motion
e) Statement of the motion by the chair
f) Discussion or consideration of the motion
g) Voting on the question or motion
h) Announcement of the vote
 Parliamentary Procedure
VOTING
•Voice vote
•Rising vote
•Secret ballot
•Roll call
 Discipline of Members
DISCIPLINARY ACTIONS
• Penalty
• Unjustified absence in four (4) consecutive sessions – Fine of
P1,000.00 without prejudice to the filing of the corresponding
administrative charge.
• Conviction by final judgment to imprisonment of at least one (1)
year for any crime involving moral turpitude – automatic expulsion
• Collection of fines
 Other Rules
COMMITTEES
• Chairman, Vice-Chairman, Member
• Not more than 2 chairmanship and not more than 3
membership
• Mandatory Committees: Appropriation, Women and
Family, Human Rights, Youth and Sports Development,
Environmental Protection, Cooperatives
• Other important committees
RECORD OF PROCEEDINGS
• Minutes
• Barangay Secretary
Other Rules

AMENDMENTS
SUPPLEMENTARY RULES
EFFECTIVITY
Workshop

AN ORDINANCE REGULATING THE SALE OF

INTOXICATING LIQUOR TO MINORS

A RESOLUTION REQUESTING FINANCIAL

ASSISTANCE FROM CITY MAYOR FOR THE
PURCHASE OF COMPUTER FOR THIS BARANGAY
SALAMAT