The document discusses the local legislative process and powers of the Sanggunian in the Philippines. It defines local legislation as both a power granted to the Sanggunian to enact ordinances and approve resolutions, as well as an ongoing process of interaction between the Sanggunian and other local governance actors. The legislative powers are vested in the Sanggunian as a collective body. Key powers and functions of the Sanggunian include appropriating funds, generating revenue, oversight, regulation, and legislation. The document outlines the legislative process from measure introduction to approval or veto. It also discusses Sanggunian sessions, rules of procedure, and the effectivity of ordinances and resolutions.

1. Local Legislative Process,
Powers and
Functions of Sanggunian
Marycris E. Viernes
PRESENTER
Prof. Jo B. Bitonio, DPA
MPA 203 Local Governance & Administration

2. 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

3. 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.

4. 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

5. 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.

6. 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.

7. 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

8. 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.

9. 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 Vice
Governor/ Vice Mayor is an
integral part in the composition of
the council

10.  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.

11. Internal Rules of Procedure
On the first regular
session following the
election of its members and
within ninety (90) days
thereafter, the Sanggunian
concerned shall adopt or
update its existing rules of
procedures.

12. 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, and cooperatives; the
general jurisdiction of each
committee; and the election of the
chairman and members of each
committee;

13. 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

14. 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.

15. Multi-Faceted Powers & Functions of the
Sanggunian
Appropriation
of Funds
Revenue
Generation
OversightRegulation
Legislation

16. SANGGUNIAN SESSION – refers to a
single meeting of the sanggunian
(Section 52, LGC)
KINDS OF SESSIONS WITH BINDING
LEGAL EFFECT:
REGULAR SESSION
 Held on designated day, time and
place
 No need for written notice
 Any agenda maybe discussed
 Held at least once a week

17. Minimum number of regular
sessions
- Once a week for the
sangguniang panlalawigan,
Sangguniang panlungsod and
sangguniang bayan.
- 2x a month for the
sangguniang barangay

18. SPECIAL SESSION
 Maybe called by the LCE or majority
members
 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

19. 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

20. 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.

21. Flowchart of Legislative Process
Proposed Measures
Ordinances and
Resolutions coming
from any member/from
the concerned
committee
SECRETARY
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
MAYOR
• Approval
• VETO

22. 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.

23. 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.

24. 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.

25. 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.

26. FOOD FOR THOUGHT
SALUS POPULI
SUPREME LEX ESTO
LET THE WELFARE OF THE
PEOPLE BE THE SUPREME LAW
- motto of MISSOURI

27. 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

28. THANK YOU!