Local legislation

1. DON L ABALON
Member, Sangguniang Panlalawigan

2. LOCAL GOVERNMENT UNITS
1. Provinces
2. Cities
3. Municipalities
4. Barangays

3. 1. The
Sangguniang
Panlalawigan
for Provinces
2.The
Sangguniang
Panlungsod
for Cities
3. The
Sangguniang
Bayan for
Municipalities
4. The
Sangguniang
Barangay for
Barangays

4. 1. Sangguniang Panlalawigan
• Presiding officer: Vice-Governor
• Regular Sanggunian Members: 5 (1st District) and
5 ( 2nd District)
• Ex-Officio members: 3
• President - Liga ng mga Barangay
• President – Provincial Sangguniang Kabataan
Federation
• President - Provincial Councilors League
• Sectoral Representatives (not implemented)

5. 2. Sangguniang Panlungsod
•Presiding officer: City Vice-mayor
•Regular Sanggunian Members
•Ex-Officio members: 2
•President - Liga ng mga Barangay
•President – Sangguniang Kabataan Federation
•Sectoral Representatives (not implemented)

6. •Presiding officer: Municipal Vice-
mayor
•Regular Sanggunian Members: 8
•Ex-Officio members: 2
•President - Liga ng mga
Barangay
•President – Sangguniang
Kabataan Federation
•Sectoral Representatives (not
implemented)
3.
Sangguniang
Bayan

7. 4. Sangguniang Barangay
•Presiding officer: Punong
Barangay
•Regular Sangguniang
Barangay- 7 members
•Chairman- Sangguniang
Kabataan

8.  Quorum - the number of members of a body which when
legally assembled in their proper places, will enable the
body to transact its proper business or that number
which makes a lawful body and gives it power to pass
upon a law, ordinance or any valid act.

9.  ‘Majority,’ when required to constitute a quorum, means
the number greater than half or more than half of any
total.
 Majority of all members of the Sanggunian who have
been elected and qualified shall constitute a quorum to
transact official business. (Sec 53(a), LGC)

10.  The entire membership must be taken into account in
computing the quorum. (Zamora v. Caballero, G.R. No.
147767, January 14, 2004).
 The presence of the presiding officer is considered in
determining the presence of a quorum since a presiding
officer is considered a “member” of the Sanggunian [La
Carlota City v. Rojo, G.R. No. 181367, April 24, 2012)].

11. The
Presiding
officer
may:
Declare a recess until such time that
quorum is constituted
Compel immediate attendance of the
members who are absent without
justifiable cause
Declare the session adjourned for lack of
quorum and no business shall be
transacted if there is still no quorum
despite enforcement of attendance [LGC,
Sec. 53 (b)(c)]

12.  HOW IS IT DONE?

13. OUTPUT
• Ordinance
• Resolution
INPUT
• Proposed
ordinance/
resolution
• Bill
• Proposition
LOCAL LEGISLATIVE PROCESS
1, Proposal
2. 1st reading
3. Committee hearing
4. Committee report
5. 2nd reading
6. 3rd reading
7. Executive approval

14.  ORDINANCE
 RESOLUTION

15. ORDINANCES - prescribes a permanent rule of conduct.
RESOLUTIONS - temporary in nature, or expresses
sentiment.

16. Title;
Preamble/ Whereas/ Principles;
 Clause;
Text/ Substance; and
Date of Effectivity

17. PROPOSED ORDINANCE/RESOLUTION
BILL
PROPOSITION

18.  1. PROPOSED ORDINANCES
AND RESOLUTIONS coming
from any member/concerned
committee (Sponsorship)
 2. First Reading – Reading of
title and number of proposed
ordinance/resolution
 3. Committee Hearings –
Deliberation, approval with or
without amendments,
substitution or consolidation,
and preparation of Committee
Report.

19.  4. Second Reading – Period of debate (reading, sponsorship,
interpellation). Period of amendments (committee and individual
amendments), and approval
 5. Third Reading – Distribution in printed form, and approval/ roll
call/ vote;
 6. Approval of ordinances (Resolutions)
 LCE shall affix his signature on each and every page of the
ordinance

20. Note: Effectivity of ordinance or resolution
General Rule: After 10 days from the date
a copy is posted in a bulletin board at the
entrance of the capitol or city, municipal or
barangay hall and in at least 2
conspicuous spaces [Sec. 59 (a), LGC ].
Exception: Unless otherwise stated in the
ordinance or resolution [Sec. 59 (a) LGC].
 7. Disapproval (Veto power of the Governor/Mayor)
 [Note: No veto for barangays. The veto power cannot
be exercised by the punong barangay (since he is a
member of the sangguniang barangay]. The punong
barangay signs the ordinances enacted by the
sangguniang barangay upon their approval. [Sec.
54(c)].
 8. Periods
 (Returned with objections to the Sanggunian within
15 days in the case of Sangguniang Panlalawigan;
within 15 days in the case of Sangguniang
Panlungsod/Bayan
 [Governor/ Mayor failed to act within the
reglementary period and already lapsed: shall be
deemed approved]
 9. Override (by the Sanggunian)
 10. Publication and effectivity of ordinances

21.  General rule: Before an ordinance/resolution is finally
enacted, it shall undergo the following stages:
 First Reading
 Second Reading
 Third Reading
 Resolution- Third reading is not required
 (Except: Unless decided otherwise by a majority of all the
Sanggunian members (Roble Arrastre, Inc. v. Villaflor,
G.R. No. 128509, August 22, 2006).

22.  Congress – 3 readings must be done on 3 separate dates
 Sanggunians – can undertake the 3 reading procedure even
in one (1) day. The SC ruled that the LGC did not require
that the 3 reading rule must be conducted in 3 separate
dates. (Malonzo v. Zamora, GR No. 1337718, 27 July 1999)

23. Proposed Measures
(Ordinances and
Resolutions) coming
from any
member/from the
concerned
committee
SECRETARY
to the
Sanggunian
(Logged to
Record ) FIRST READING
(Title Only)
Referred to
Committee
Concerned
~Committee Hearing
~Public Hearing
~Committee Meeting
COMMITTEE
REPORT (findings
or
recommendations)
to file away or to
calendar for second
reading
COMMITTTEE ON
RULES Prioritize
proposals to be
included in the
calendar of business
for second reading,
etc.
SECOND READING
•Period of Debate •Period of
Amendment •Approval of
Second Reading
SECRETARY Print
final copy of final
version and furnish
copy thereof to all
members
THIRD AND FINAL
READING
•Approval on third
reading
Local Chief Executive
• APPROVAL• VETO

24.  The Vice Governor forms part of the composition of the SP as its Presiding Officer, and should be
counted in the determination of the existence of a quorum. However, the nature of the position of
the Presiding Officer as a component of the SP is distinct from the other members comprising the
said body. (J. Tobias M. Javier vs. Rhodora J. Cadiao et al.)
 The presiding officer shall vote only to break a tie. (Sec. 49, LGC)
 Ordinances enacted by the sangguniang barangay shall, upon approval by a majority of all its
members be signed by the punong barangay. The punong barangay has no veto power (Sec. 55(b),
LGC)
 The legislative process and order and calendar of business must be set on the first session day of
the new council and embodied in the Internal Rules of Procedure. However, other matters may be
taken upon the first session day aside from adopting the Internal Rules of Procedure of the
Sanggunian (Malonzo vs. Zamora, GR No. 137718, 27 July 1999)

25. THANK YOU