The Local Legislative Process
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Transcript of The Local Legislative Process
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
Multi- Faceted Powers& Functions of the Sanggunian
2
Revenue Generation
Appropriation of Funds
OversightLegislationRegulation
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
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 16Service Delivery Areas: Section 17Corporate Powers: Section 22Roles of Local Governments:
Sections 384, 440, 448 and 459
Concept of Local Legislation
As a 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
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
Local Legislative PowerSince time immemorial, LGUs can legislate
on purely local mattersLocal 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
Vice Governor/
Vice Mayor
LCE and Local
Executive Offices
Sanggunian
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
13
Regular Session Special
Session
Held on designated day, time and place No need for written notice Any agenda maybe discussed Held at least once a week
Maybe called by LCE or majority of members Held on day, time and place specified in written notice Only stated agenda may be discussed
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 measure2. LCE does not act on the measure within 10 days3. 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
Transmit lower-level ordinances within 3 days in case of cities/municipalities (or 10 days in case of Barangays) from enactment
Fails to take action within 30 days allowing lower-level ordinance to “lapse into law”
Returns lower-level measures enacted beyond the LGU’s authority, 9 or inconsistent with law or city ordinance) within 30 days for adjustment/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 performanceDetect 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 OversightSec. 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
The welfare
of the People
Is the Highest Law