You are on page 1of 68

LOCAL

LEGISLATION
MAJOR GOVERNMENT
FUNCTION

LEGISLATION

COLLEGIAL FUNCTION

LOCAL LEGISLATION
As a POWER
LGC delegates the POWER over
Sanggunian(s) to make RULES in the
form of ORDINANCES and
RESOLUTIONS of local application
that have the force and effect of law

LOCAL LEGISLATION
As a PROCESS whereby the
SOVEREIGN,
through
its
LEGISLATIVE
BODY,
AUTHORIZES
EXERCISE OF GOVERNMENTAL
and CORPORATE POWER; and
USE OF RESOURCES for their
GENERAL WELFARE

Importance
- address the PROBLEMS of the
citizens;
- promote GENERAL WELFARE and
DEVELOPMENT ; and
- attain the VISION of the LGU for its
citizens

LOCAL LEGISLATIVE BODIES


Sangguninang Panlalawigan
( Province)
Sangguniang Panlungsod (Cities)
Sangguniang Bayan
( Municipalities)
Sangguniang Barangay ( Barangay)

COMPOSITION OF LOCAL
SANGGUNIAN
1. Regular Presiding Officer
Vice Governor (Province)
City/Municipal Vice Mayor
( municipalities/Cities)
Punong Barangay ( Barangay )
2. Regular Members

( elected at large);

3. Ex-Officio Members ( LnB President,


SKMF Pres.,
IP, PCL Pres. (Prov.)

REQUIREMENTS FOR A VALID


EXERCISE OF COLLEGIAL
FUNCTION

1. The Presiding Officer and members


are the same persons elected and
qualified
as PO and MEMBER,
respectively
2. Quorum
3. Convened by LAW or ORDINANCE
4. Legislative Acts passed with
required number of AFFIRMATIVE
VOTES
5. Legislative Acts within DELEGATED
AUTHORITY

REQUIREMENTS FOR A VALID


EXERCISE OF COLLEGIAL
FUNCTION

1. The Presiding Officer and members


are the same persons elected and
qualified
as PO and MEMBER,
respectively
2. Quorum
3. Convened by LAW or ORDINANCE
4. Legislative Acts passed with
required number of AFFIRMATIVE
VOTES
5. Legislative Acts within DELEGATED
AUTHORITY

LOCAL LEGISLATION
ROLES in a LEGISLATIVE /
DELIBERATIVE BODY
PRESIDING OFFICER
DELIBERATING MEMBER
WORKING COMMITTEE
RECORD KEEPER

REQUIREMENTS FOR A VALID


EXERCISE OF COLLEGIAL
FUNCTION

1. The Presiding Officer and members


are the same persons elected and
qualified
as PO and MEMBER,
respectively
2. Quorum
3. Convened by LAW or ORDINANCE
4. Legislative Acts passed with
required number of AFFIRMATIVE
VOTES
5. Legislative Acts within DELEGATED
AUTHORITY

Presiding Officer
Regular Presiding Officer
The Vice Governor, City/Municipal Vice Mayor and
Punong Barangay shall be the regular presiding
officer
of
the
Sangguniang
Panlalwigan,
Panglungsod, Bayan and Barangay , respectively.
And shall vote only to break a tie

Temporary Presiding Officer


Members present and constituting
a quorum shall elect from among
themselves a Temporary Presiding
Officer ( Sec.49)

Internal Rules of Procedure


On the first regular session following the
election of its members and within ninety
(90) days thereafter, the Sangguinan shall
adopt
or update its existing rules of
procedure
IRP a document containing a
set of procedural rules that
governs the orderly transaction
of business and defining the duties
and responsibilities of the members
during the conduct of the session

Contents of IRP
The organization of the Sanggunian
and the election of officers as well as
the creation of working committees
Order and Calendar of Business for
each session
The legislative process
The parliamentary procedures
which include the conduct of
members during sessions

CONTENTS OF THE I R P

The discipline of members for


disorderly behavior and absences
without justifiable cause;
Such other rules as the Sanggunian
may adopt (Sec. 50)

Sanggunian Committees
Sanggunian Committees?
- a group tasked by the body or assembly
to
consider, or investigate, or take action in
regard to, certain matters or subjects of
public interest.
Why Organize Committees?
To get work done in an efficient and
timely manner

Types of Committees
Standing or Permanent Committees
- tasked or assigned a continuing function and
usually remain standing or existing co-terminus with
the life of the body that created them 11
- created for the purpose of:
in aid

- ordinance or resolution sponsorship


- undertaking public hearings on proposed measures
of legislation
- legislative review and referrals.

Special or Ad-hoc Committees


- created to perform an ad-hoc or specific task that
does not fall within the jurisdiction of a standing
committee
- cease to exist upon completion of its assigned task.

Functions of Committees
-- The functions of committees are determined by
the areas of legislation or concerns of the
sanggunian, e.g. environment and natural
resources, women and family.
- A committee is required to perform legislative
work pertinent to a particular field or issue.
- The jurisdiction of each committee must be
defined in the IRP to ensure an efficient
legislative process.

Structure and Composition


- A standing committee is usually composed
of a chair, vice chair and members; and has
usually no more than five members;
- The sanggunian may appoint the chair of
the committees, either directly or indirectly
through its presiding officer;
- Generally, only elected sanggunian
members compose the standing
committees;
-

Structure and Composition


Membership in committees is best
determined based on the
expertise and
interests of local legislators;
- Membership in committees may be
limited to a certain number to allow
sanggunian members to attend to their
committee duties in an efficient manner,
e.g. a member is allowed to chair no more
than two standing committees, or to be a
member of no more than three standing
committees.

Session

The Sanggunian shall by resolution


fix the day, time and place of its
regular session (Sec. 52, LGC)
The minimum number of regular
sessions shall be once a week
( SP/SP/SB) twice a month (SBrgy)
Kinds of Sessions:
Inaugural
Regular
Special

Requirements in a
Session

Presiding Officer
Secretary
Quorum
Rules of Procedure
Order of Business

Special Sessions
When public interest so demands,
special sessions may be called by the
Presiding Officer or by majority of the
Members of the Sanggunian

Manner of Conducting Sessions


Open to public unless a closed-door
session is ordered by an affirmative
vote of the majority of the
members present, there being a
quorum- in the interest of the
public or for reasons of security,
decency or morality.
No two (2) regular or special
sessions may be held in a single
day

Manner of Conducting
Sessions
Special session - written notice shall be
served personally
at the members
usual place of residence at least 24
hours before the special session is held
Unless otherwise concurred by twothirds (2/3) vote of the members, no
other matters may be considered at a
special session, except those stated in
the notice

Quorum
A majority of all the members of
the Sanggunian who have been
elected and qualified shall
constitute a quorum to transact
official business

Quorum
Should a question of quorum be
raised during a session, the
Presiding
Officer
shall
immediately proceed to Call the
Roll of the members and
thereafter announce the results
Where there is no
quorum, the presiding
officer may declare a
recess until such time
a
quorum
is
constituted

Order of Business
the prescribed
sequence of
business to be taken
up during session
which serves as
guide for an orderly
and proper conduct
of proceedings

ORDER OF BUSINESS
Call to Order
Roll Call (optional)
Disposition of the Minutes of
the previous session
First Reading and Referral
Committee Reports

ORDER OF BUSINESS
Calendar of Business
a. Unfinished Business
b. Business for the Day
(Second Reading)**
- Period of Sponsorship (1st period)
- Committee Amendment (2nd period)
- Individual Amendment (3rd period)
- Period of approval on Second
reading (4th period)
c. Unassigned Business
.

LEGISLATIVE OUTPUTS
Ordinance - legislative
action of a general and
permanent character
Resolution - mere
expression of
legislative sentiment.
Temporary in
character.

Requisites of a Valid
Ordinance
It must not contravene the constitution
or any statute
It must not be unfair and oppressive
It must not be partial or discriminatory
It must not prohibit but may regulate
trade
It must be general in application and
consistent with public policy
It must not be unreasonable

Parts of a Resolution
Assigned Number (Reso.#, series of
2007, 2008 etc.)
Title (A RESO.)
WHEREAS clauses (justification)
Resolutory Clause ( Resolve, as it is
hereby Resolved)
APPROVAL
Certification
Attestation

Number assigned to Ordinance/


Resolution
Ordinance- continuous regardless
of the year
Resolution- on a yearly
basis
i.e. Resolution No, 01, Series of
2008

APPROVAL OF ORDINANCES
- Ordinances enacted must be presented to
the Local Chief Executive (Governor,
City/Municipal Mayor ( for approval or
otherwise) If approved, affix his signature or
may veto and return the same to the
Sanggunian with his objections.
-Veto shall be communicated to the SP
(within 15 days), SP/SB ( within 10 days).
-Override the Veto ( Sanggunian by 2/3 vote)
-Ordinances enacted by S/Barangay, shall
upon approval by majority of all its
members, be signed by the Punong
Barangay

REVIEW OF COMPONENT CITY AND


MUNICIPAL ORDINANCES OR
RESOLUTIONS BY THE
SANGGUNIANG PANLALAWIGAN
- Thirty (30) days, if no action takendeemed approved;
REVIEW OF BARANGAY ORDINANCES
BY CITY/MUNICIPAL SANGGUNIAN
- Thirty (30) days, if no action takendeemed approved

Enforcement of Ordinances
and Review by Higher
Sanggunian
If inconsistent with law or city/municipal
ordinances, the SB/SP shall, within thirty
(30) days from receipt, return with
comments and recommendations to the
Sangguniang Barangay for adjustment,
amendment, or modification; in which case,
the effectivity of the Barangay ordinance is
suspended until such time as the revision
called for is effected. (Sec. 57 c)

Enforcement of Barangay Ordinances


and Review by Higher Sanggunian
Any attempt to enforce any ordinance
or any resolution approving the local
development
plan
and
public
investment
program,
after
the
disapproval thereof, shall be sufficient
ground for the suspension or dismissal
of the official or employee concerned.
(Sec. 58)

In case of conflict between barangay ordinance and


municipal ordinance (DILG Opinion No. 43, s. 2004)
Municipal
ordinance
cannot
repeal
barangay ordinance.
Both should be given full force and effect
in their respective territorial jurisdiction.
In the absence of a declaration of nullity
or invalidity of either, both ordinances
can be properly enforced notwithstanding
the discrepancy of the penalties.
In case of violation, the violator can only
be proceeded or prosecuted against for
violation of either of the two ordinances.

You have brains in your


heart and you have
feet in your shoes. You
can steer yourself in
any
direction
you
choose. Youre on your
own. And you know
what you know. Youre
the guy wholl decide
where to go.

THANK YOU !

I hear and I forget


I see and I remember
I do and I understand!
- A Chinese proverb

Parts of an Ordinance
Letterhead ( OFFICE OF THE SANGGUNIANG
BARANGAY)
Assigned Number
Title (Capitalized)
Enacting/Ordaining Clause
BE IT ORDAINED or BE IT ENACTED BY THE
Sangguniang Barangay of _____, Municipality of
_____,Province of __________ that:
Body ( by Section)
Section 1. It shall be unlawful for
Section 2. Definition of Terms
Section 3 .. . .

Parts of an Ordinance
Section 4. Penalty Clause
Violation of any provisions of this Ordinance
shall be punished by a fine of not less than.

Section 5. Repealing Clause


All ordinances, rules and regulations whose
provision are in conflict to the provisions of this
Ordinance are hereby repealed, amended and
modified accordingly
Section 6. Separability Clause
If any provision of this ordinance is declared
invalid, the remaining provision shall not be
affected.

Effectivity
This Ordinance shall take effect within
--------upon publication/ posted in --------

Ordinances
Certified Correct - Presiding Officer
Attested Barangay Secretary
A P P R O V E D : (Signed by
Members of the Sangguniang
Barangay )

Committee Report
- an official written account of the action
taken by a committee relative to a
particular task assigned to it, together
with the findings or conclusions and
the corresponding recommendations

COMMITTEE REPORT
Republic of the Philippines
Province of ______
Municipality of _______
SANGGUNIANG BARANGAY
COMMITTEE ON _________________
COMMITTEE REPORT
__________, 200___
SUBJECT:
FINDINGS AND RECOMMENDATION:

(Sgd)___________________
Committee Chair
CONCURRING:
(Sgd)__________________
Member
Member
(Sgd)___________________
Member
No decision
arrived at / with
valid reason(s)

Letterhead

Name of Reporting
Committee
Date of Report
Brief statement of the
subject matter
referred

The Report
The Reporter (primary)
DISSENTING:
(Sgd)__________________
( Sgd)__________________
Member
Member
ABSTAIN:
(Sgd)___________________
Member

APPENDICES:
Minutes of Public Hearing and Committee Meetings and Attendance Sheet

disagrees
(submit
minority report)

Member Agrees

Procedures in the Presentation


of Committee Report

Report may be rendered either by the


Committee Chair/Member, or by the
Secretary ( if a copy thereof has been
furnished him)
If report is too long ( time consuming) the
body may decide to instruct the reporter to
read only the findings or conclusions and
recommendations contained in the report
Minority report may be presented after the
majority report, provided, as a general rule,
its presentation is approved by a majority of
the members, there being a quorum.

Procedures in the Presentation


of the Committee Report
In considering a committee
report, it is not advisable for the
body to adopt ( in its entirety)
unless the report is worthy of
publication, otherwise the body
would be responsible for every
word contained in it.

Rules on Committee
Reporting

1. Report of the standing committee


has preference over that of the
special or ad-hoc committees;

2. Motions relating to the adoption of


committee reports(findings and
recommendations if made by the
reporting committee Chairman or
members, needs no second.

Rules on Committee
Reporting

3.
If
the
report
contains
no
recommendations,
no
action
is
necessary. Thus it is consigned to the
archives for future consideration;
4.the body may adopt or reject the report,
either in whole or in part;
5. the body may postpone, definitely or
indefinitely , its consideration of the
report or recommendations therein;

Rules on Committee
Reporting
6. The body may decide to
return the report to the
concerned
committee
for
further study or refer it to
another committee for proper
action.

Committee Meeting
A meeting attended only
by
the
committee
members
unless
a
majority
members
thereof decided to allow
other persons to be
present
particularly
those invited resource
persons or consultants

Committee Hearing (Public


Hearing)
Committee Hearing an activity of
the
sanggunian,
thru
its
committees, wherein the general
public particularly representing
different sectors that may be
interested/affected by a proposed
measure are invited to attend-to
hear- be heard on the matter

Significance of Public
Hearing
Public
hearing
reinforces
legislative proposals, extracting of
information
would
either
support/deny the intents of the
proposal;
No tax ordinance or revenue
measure shall be enacted by the
Sanggunian in the absence of a
public hearing duly-conducted by
the Committee concerned.

DOS IN PUBLIC HEARING


Dress well and come early preferably an hour
before the activity;
Sign up along with anyone coming with you;
Practice and rehearse your assigned topic
before the hearing. Keep it under three
minutes
Address the AUDIENCE politely and answer
questions with respect , if asked. If you are not
comfortable or prepared to answer a question
reply gracefully,

DOS IN PUBLIC HEARING


o If uncertain, reply I will have
to look into your question and get
back to you;
o Say "PASS" when called to speak
if you are
uncomfortable or
simply wish to move the process
along so that the key speaker(s)
from your group can get called up
faster.

DOS IN PUBLIC HEARING


Be prepared to spend the entire day,
possibly into the evening hours if you
intend to speak.
Be courteous and respectful , regardless
of their opinion;
Say "thank you" to the invited guests for
the opportunity to speak ;

DONTS in PUBLIC
HEARING

DO NOT come to the hearing with


ANY weapon (gun, knife, scissors,
etc) in your possession.
DO
NOT
come
dressed
inappropriately (i.e., T-shirts, shorts,
slippers)

Donts in Public Hearing


DO NOT talk on your cell phone, turn
your cell to vibrate and or silent mode.
If you have to use your cell phone - get
up and quietly walk out of the hearing
room into the lobby to use it
DO NOT shout or cause any annoying
remarks with your invited guests,
audience

Donts in Public Hearing


DO NOT eat or drink in the hearing
room. People are seen
sips from
water bottles in their bags and that
seems to be "ok" because it's not
messy or disruptive - but don't walk
into the hearing room and tear open
a bag of chips or slobber away at a
pizza. Eat lunch outside. There is a
cafe there with usual serving times
and it's not a bad place to hang out
and converse with your peers.

Minutes of a Public Hearing


Republic of the Philippines
Province of ______
Municipality of _______
SANGGUNIANG BARANGAY of ___________

MIUTES OF THE PUBLIC HEARING CONDUCTED BY THE COMMITTEE ON ___________ ON THE PROPOSED
ORDINANCE________________________________ ON __________, 200___ AT THE __________________________. PRESIDING
OFFICER: HON. ________________, COMMITTEE CHAIR.
Members Present:
1.
2.
3.
Members Absent:
1.
2.
(Provide a summary of the proceedings. Cite the following:
- Time the hearing started and ended
- Number of persons attending (attach the attendance sheet)
- Issues Raised by Invited Resource Persons
CERTIFIED CORRECT:
(Sgd) ________________________
Secretary to the Sanggunian
ATTESTED:
(Sgd)___________________
Committee Chair

Enforcement of Barangay
Ordinances and Review by
Higher Sanggunian
If inconsistent with law or city/municipal
ordinances, the SB/SP shall, within thirty
(30) days from receipt, return with
comments and recommendations to the
Sangguniang Barangay for adjustment,
amendment, or modification; in which case,
the effectivity of the Barangay ordinance is
suspended until such time as the revision
called for is effected. (Sec. 57 c)

Enforcement of Barangay Ordinances


and Review by Higher Sanggunian
Any attempt to enforce any ordinance
or any resolution approving the local
development
plan
and
public
investment
program,
after
the
disapproval thereof, shall be sufficient
ground for the suspension or dismissal
of the official or employee concerned.
(Sec. 58)

In case of conflict between barangay ordinance and


municipal ordinance (DILG Opinion No. 43, s. 2004)
Municipal
ordinance
cannot
repeal
barangay ordinance.
Both should be given full force and effect
in their respective territorial jurisdiction.
In the absence of a declaration of nullity
or invalidity of either, both ordinances
can be properly enforced notwithstanding
the discrepancy of the penalties.
In case of violation, the violator can only
be proceeded or prosecuted against for
violation of either of the two ordinances.

I hear and I forget


I see and I remember
I do and I understand!
- A Chinese proverb