Local Legislative Process,

Powers and
Functions of Sanggunian

Marycris E.
Viernes
PRESENTER
Prof. Jo B. Bitonio, DPA
MPA 203 Local Governance &
Administration
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
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.
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
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.
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.
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
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.
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

Governor/ Vice Mayor is Vice
integral part in the composition an
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
 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.
Internal Rules of Procedure
On the regular
first sessionfollowing the
election of its members and
within ninety (90) days
thereafter, the Sanggunian
concerned shall adopt or
update its existing rules of
procedures.
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, andcooperatives;the
general jurisdiction of each
committee; and the election of the
chairman and members of each
committee;
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
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.
Multi-Faceted Powers & Functions of the
Sanggunian
Appropriation
of Funds

Revenue
Legislation
Generation

Regulation Oversight
SANGGUNIAN SESSION – refers to a
single meeting of the sanggunian
(Section 52, LGC)

KINDS OF SESSIONS WITH

BINDING LEGAL EFFECT:

REGULAR SESSION
 Held on day, time and
designated place
 No need for written notice
 Any agenda maybe discussed
 Held at least once a week
Minimum number of regular

sessions a week for the

-
sangguniang panlalawigan,
Once
Sangguniang panlungsod and
sangguniang bayan.
- 2x a month for
the sangguniang barangay
SPECIAL SESSION
 Maybe called by the or
LCE members majority
 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
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
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.
 Flowchart of Legislative Process
Proposed Measures SECRETARY FIRST Referred to
Ordinances and Logged to READING
Resolutions coming Record (Title Only) Committee
from any member/from
the concerned Concerned
committee

Committee Public Committee

Meeting Hearing Hearing

COMMITTTEE ON RULES COMMITTEE REPORT

Prioritize proposals to be (findings or recommendations)
included in the calendar of to file away or to calendar for
business for second second reading
reading, etc.

SECOND SECRETARY THIRD AND

READING FINAL READING
MAYO
Print final copy of
• Period of final version and • Approval on third R
Debate furnish copy thereof reading • Approval
• Period of to all members
• VETO
Amendment
• Approval of Second
Reading
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.
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.
 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.
 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.
FOOD FOR THOUGHT
 SALUS
POPULI
SUPREME LEX ESTO

LET THE WELFARE OF THE

PEOPLE BE THE SUPREME LAW

- motto of MISSOURI
REFERENCES:
 http://www.dilg.gov.ph/PDF_File/r
eports_resources/dil-reports-
resources-
2016120_fce00561a.pdf
 http://www.scribd.com/document/
261908540/Meaning-and-
Importance-of-Local-Legislation-
What-is-Local-Legislation
 http://downloads.caraga.dilg.gov.

ph/LGU%20Downloads/sangguni
ang-bayan-2010.pdf
 LGC 1991
 sbpozorrubio/rules-of-the-
sanggunian
THANK
YOU!