2016 Legislative Session ADVOCACY toolkit. Local Government Matters to the People!
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Transcript of locAL LEGISLATIVE
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4/11/2014
Powers and Functions of
the Sanggunian
4/11/2014
Counc. Margie Lou HumildePresenter
Prof. Josefina B. Bitonio,DPAPA 101 Local Governance and Administration
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Multi- Faceted Powers
& Functions of the Sanggunian
2
Revenue
Generation
Appropriation
of Funds
OversightLegislationRegulation
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What is Legislation?
LEGIS LATIO
+which means
a law or rule
proposing
which means
an act of
LEGISLATIONThe act of proposing a law, rule, or regulation
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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
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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
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Concept of Local Legislation
As a POWER
The Sanggunians
authority toenact
ordinances, approveresolutions, or
appropriate funds
designed to deliver basic
services and facilities, and
to promote the generalwelfare
As a PROCESS
The Sanggunianscontinuous interaction with
LGUs executive branch,constituents, civil society
and other actors of
governance, resulting in
policy actions that promote
the development of thelocality
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Local Legislative Power
Since time immemorial, LGUs can legislate
on purely local matters
Local legislators are more knowledgeable
than Congress on matters ofpurely localconcern, 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
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Where is Local Legislative Power Vested
Section 48 of the LGC states that legislative
power is vested in the Sanggunian as a
collegial, collective bodyLegislation 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
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Presiding Officer
Section 49: the Vice Governor/ Vice Mayor shall be
the Sanggunians 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/ ViceMayor 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
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Presiding Officer
ViceGovernor/
ViceMayor
LCE andLocal
ExecutiveOffices
Sanggunian
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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 disorderlybehavior and unjustified absences
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Duty to Disclose Conflict of Interest
Every Sanggunian Member must fullydisclose any financial/ business/professional/ personal interest withany person or entity affected by an
ordinance under its consideration Conflict of interest- ethical
considerations suggesting that a publicofficial should be inhibited fromperforming an official function becauseof clash between public interest andhis/her private pecuniary interest
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Regular and Special Sessions
13
Regular
Session SpecialSession
Held on designated day,time and placeNo need for written notice
Any agenda maybediscussedHeld at least once a week
Maybe called by LCE ormajority of membersHeld on day, time and
place specified in writtennoticeOnly stated agenda may bediscussed
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Quorum
Majority of all members who have beenelected and qualified (not those werevoted upon)
The term majority means more than half Jurisprudence tells us that the Vice
Governor/ Vice Mayor is included in thecomputation of the quorum
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When are Measures Deemed Approved
Simple Ordinance:majority of members present there being a quorum
Ordinance authorizing payment of money orcreation of liability:
majority of all members
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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 within10 days
3. LCE vetoes measure, but Sanggunianoverrides it by 2/3 vote of all members
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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 andreasons for its exercise
Punong Barangay has no veto power
Sanggunian override cannot be further
overridden by the LCE
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Legislative Review
SANGGUNIAN
Transmit lower-level ordinanceswithin 3 daysincase ofcities/municipalities (or 10 days incase of Barangays)
from enactment
Fails to take
action within 30days allowinglower-levelordinance tolapse into law
Returns lower-level
measures enactedbeyond the LGUsauthority, 9 orinconsistent with lawor city ordinance)within 30 days foradjustment
/amendment
Cities/Municipalities/Barangays
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Effectivity of Ordinances
Ordinance can provide for its own date ofaffectivity If ordinance is silent, then it shall take effect
after the lapse of 10 days from date of itspublication
Approved measures shall beposted/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
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Specific Subjects of Legislation
Delivery of basic services and facilities (Sec. 17)
Review of Legislative measures and executiveorders from lower- level LGUs ( Sec. 447, 458,and 468)
Maintain peace and order
Prescribe penalties for violations of ordinances
Protect the environment
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Specific Subjects of Legislation
Protect inhabitants from man-made ornatural disasters and calamities
Provide for creation of local offices
Grant incentives to public servants Grant tax exemptions
Grant franchises and licenses
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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
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Areas of Regulation
Regulate the establishment and operation ofidentified businesses or enterprises
Regulate practice of professions or
occupations not covered by governmentlicensing examinations
Regulate land use, reclassify land, and enactzoning ordinances
Regulate use of property, e.g., land, buildings,and structures
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Areas of Regulation
Regulate subdivisions
Regulate construction/operation of privatemarkets, talipapas, etc.
Regulate selling of food commodities
Regulate streets and other public places
Regulate tricycles and pedicabs
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Legislative Oversight
Refers to the review and monitoring ofexecutive agencies, programs, activities, andpolicy implementation
Exercised through legislative authorization,appropriations, investigations, and hearings
An implied power that derives from thelegislatures power of the purse
An integral part of the constitutional systemof checks and balances
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Legislative Oversight
An implied rather than an enumeratedpower under the Constitution of the LGC
The law does not explicitly grant localcouncils the authority to conduct inquiries or
investigations of the executive, to haveaccess to records or materials held by theexecutive, or to issue subpoenas fordocuments or testimony from the executive
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Legislative Oversight
Derives from the many express powers ofthe Sanggunian: to appropriate funds, toenact laws, and to concur to executiveappointments
The legislature could not reasonably orresponsibly exercise these powers withoutknowing whatthe executives are doing; howprograms are being administered; by whom,and at what cost, and whether officials are
complying with legislative intent
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Purposes of Oversight
Improve the efficiency, economy andeffectiveness 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
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Purposes of Oversight
Gather information to develop newlegislative proposals or to amend exitingstatutes
Ensure administrative compliance with
legislative intent
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Legislative Oversight
Sec. 465, (b), (1), (i):
the Provincial Governor shall.determine
the guidelines of provincial policies and beresponsible to the Sangguniang
Panlalawigan for the program of
Government,
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Legislative Oversight
Sec. 465, (b), (1), (iii):
..the Provincial Governor shall.present theprogram of the government and proposepolicies and projects for the consideration of the
Sangguniang Panlalawiganat the opening ofthe regular session of the SangguniangPanlalawigan every calendar year and as often asmay be deemed necessary as the generalwelfare of the inhabitants and the needs of the
provincial government may require
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Legislative Oversight
Sec. 465, (b), (1), (iv):
.the Provincial Governor shallinitiate andpropose legislative measures to theSangguniang Panlalawigan and as often as maybe deemed necessary, provide suchinformation and data needed or requested bysaid Sanggunian in the performance of itslegislative functions
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SALUS POPULI EST SUPREMA LEX
Thewelfare
of thePeople
Is theHighestLaw