The Local Legislative Process


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PA 101 Local Governance and Admibistration

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  • The presentation on local legislative process is very relevant and important in my new job as local legislative staff of the provincial sanggunian. I'm certain that this will serve as my tool in drafting local ordinances submitted by the different government and non
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  • The presentation on local legislative process is very relevant and important in my new job as local legislative staff of the provincial sanggunian. I'm certain that this will serve as my tool in drafting local ordinances submitted by the different government and non
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The Local Legislative Process

  1. 1. 4/11/2014 Powers and Functions of the Sanggunian 4/11/2014 Counc. Margie Lou Humilde Presenter Prof. Josefina B. Bitonio,DPA PA 101 Local Governance and Administration
  2. 2. Multi- Faceted Powers & Functions of the Sanggunian 2 Revenue Generation Appropriation of Funds OversightLegislationRegulation
  3. 3. What is Legislation? LEGIS LATIO + which means a law or rule proposing which means an act of LEGISLATION The act of proposing a law, rule, or regulation
  4. 4. 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
  5. 5. 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
  6. 6. Concept of Local Legislation  As a POWER The Sanggunian’s authority toenact 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
  7. 7. Local Legislative Power Since time immemorial, LGUs can legislate on purely local matters Local 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
  8. 8. 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
  9. 9. 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
  10. 10. Presiding Officer Vice Governor/ Vice Mayor LCE and Local Executive Offices Sanggunian
  11. 11. 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
  12. 12. 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
  13. 13. 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
  14. 14. 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
  15. 15. 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
  16. 16. 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 within 10 days 3. LCE vetoes measure, but Sanggunian overrides it by 2/3 vote of all members
  17. 17. 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
  18. 18. Legislative Review SANGGUNIAN Transmit lower- level ordinances within 3 days in case of cities/municipaliti es (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
  19. 19. 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
  20. 20. 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
  21. 21. 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
  22. 22. 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
  23. 23. 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
  24. 24. 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
  25. 25. 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
  26. 26. 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
  27. 27. 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
  28. 28. Purposes of Oversight Improve the efficiency, economy and effectiveness 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
  29. 29. Purposes of Oversight  Gather information to develop new legislative proposals or to amend exiting statutes  Ensure administrative compliance with legislative intent
  30. 30. 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,”
  31. 31. 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”
  32. 32. Legislative Oversight Sec. 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”
  33. 33. SALUS POPULI EST SUPREMA LEX The welfare of the People Is the Highest Law