MPA 205 Public Policy and Program Management

1. The Local Legislative Process
Powers and Function
of the Sanggunian
MPA 205 – Public Policy and Program Management
Jefferson V. De Vera Dr. Josephine B. Bitonio
Presenter Professor

3. Multi-Faceted Powers & Function
Appropriation
of Funds
Revenue
Generation
RegulationsLegislations
Oversight

4. What is Legislation?
• LEGIS - a law or rule proposing
• LATIO - an act of
• LEGISLATION – the act of proposing a law, rule, or
regulation

5. Pertinent Provisions of the Local
Government Code
• General provisions on local legislation
• Functions of the Sangguniang Barangay - Section 48-59
• Functions of the Sangguniang Bayan - Section 391
• Functions of the Sangguniang Panlungsod - Section 447
• Functions of the Sangguniang Panlalawigan - Section 468

6. Pertinent Provision of LGC
• General Welfare Clause - Section 16
• Service Delivery Areas -Section 17
• Corporate Powers -Section 22
• Roles of Local Governments -Section 384, 440, 448 and
449

7. Concept of Local Legislation
• A PROCESS
- The Sanggunian’s continuous interaction with the LGU’s executive branch,
constituents, civil society and other actors of governance, resulting in policy
actions that promote the development of the locality
• As a POWER
- The Sanggunian’s authority to enact ordinances, approve
resolutions, or appropriate funds designed to deliver basic services
and facilities, and promote the general welfare

8. 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 (Art. X Local Government)

9. Where is Local Legislative Power Vested
• Section 48 of the LGC states that legislative powers 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” suggest more than just a law-
making body

10. 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 administration of the
legislative assembly

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. 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 class between public
interest and his/her private pecuniary interest

13. Regular and Special Session
• REGULAR SESSION
• Held on designated day,
time and place
• No need for written notice
• Any agenda maybe
discussed
• Held at least once a week
• SPECIAL SESSION
• Maybe called by the LCE or
majority of members
• Held on day, time and place
specified in written notice
• Only stated agenda may be
discussed

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. 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
• 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

16. Veto Power of the LCE
• Grounds for exercise of veto”
• 1. That the ordinance is “ultra vires” (beyond the power)
• 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 override by LCE

17. Legislative Review
SANGGUNIAN
CITIES/ MUNICIPALITIES/
BARANGAYS
Returns lower-level measures
enacted beyond the LGU’s
authority, 9 or inconsistent with
law or city ordinance within 30
days for adjustment/amendment
Transmit lower-level
ordinances within 3 days in
case of cities/municipalites
(or 10 days in case of
Barangays) from enactment
Fails to take action
within 30 days
allowing lower-level
ordinance to “lapse
into law”

18. Effectivity of Ordinances
• Ordinance can provide for its own date of effectivity
• If ordinance is silent, then it shall take effect after the lapse of 10
days form date of its publication
• Approved measures shall be posted/disseminated in Filipino or
English
• Gist of penal ordinance must be published in newspaper of general
circulation
• In case of HUCs, measures must be posted and published in
newspaper of general circulation

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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,”

28. 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,”

29. 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”

30. 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
• Gather information to develop new legislative proposals or to
amend exiting statutes
• Ensure administrative compliance with legislative intent

31. Purposes of Oversight
• Gather information to develop new legislative proposals
or to amend exiting statutes
• Ensure administrative compliance with legislative intent

32. Reference
• Coun. Margie Lou Humilde
• https://www.slideshare.net/jobitonio/the-local-legislative-
process

33. SALUS POPULI EST
SUPREMA LEX
The welfare of the People Is the
Highest Law