MPA 203 Local Governance & Administration

1. Local Legislation
MPA-203 Local Governance and Administration
Reporters:
Denise D. de Padua &
Engr. Danielle Bryle C. Aquino

2. CONTENTS
1 Meaning and Importance
Local Legislative Power2
3
Local Legislative Process
Powers and Functions of
Sanggunian
Flow Chart of Legislative
Proposal in the Sanggunian4

3. MEANING AND IMPORTANCE OF LOCAL LEGISLATION
What is Local Legislation?
Local legislation can be understood in two ways: as power and as a process.
Local Legislation as power: Local legislation refers to the power of a local
legislative body to make rules in the form of ordinances and resolutions of local
application that have the force and effect of law.
Local legislation as a process: Local legislation is the interaction of the
local legislative body with the executive branch, civil society including
constituents, nongovernmental organizations and the private sector resulting in
ordinances and resolutions that promote the development of a local
government unit (LGU). The products or outputs of this interaction are
ordinances and resolutions.
https://www.scribd.com/document/261908540/Meaning-and-Importance-of-Local-Legislation-What-is-Local-Legislation

4. Why is local legislation important?
Local legislation is important because it is a powerful, vital tool for:
1) Addressing the problems of the citizens of the LGU
2) Promoting the general welfare and development of the LGU and its
citizens
3) Attaining the vision of the LGU for its citizens
https://www.scribd.com/document/261908540/Meaning-and-Importance-of-Local-Legislation-What-is-Local-Legislation

5. Why is local legislation important?
Many ordinances are enacted based on the legislative body’s reaction to a
problem that has already arisen. This type of legislation is valid but often
has a short-term effect in addressing a problem. Local legislation is valid but
often has a short-term effect in addressing a problem. Local legislation can
be more responsive if it addresses or predicts what citizens need to have a
better quality of life, even before the citizens bring them to the attention of
legislators. Further, local legislation can be effective if addresses long-term,
strategic needs that can contribute to the attainment of the vision of the
LGU for its citizens.
https://www.scribd.com/document/261908540/Meaning-and-Importance-of-Local-Legislation-What-is-Local-Legislation

6. Local legislation is a tool for operationalizing Section 16 of the 1991
Local government Code (LGC) or the General Welfare Clause which covers
the following aspects:
1) Preservation and enrichment of culture;
2) Promotion of health and safety;
3) Enhancement of the right of the people to a balanced ecology;
4) Encouragement of, and support to, the development of appropriate
and self-reliant technological capabilities;
5) Improvement of public morals;
6) Enhancement of economic prosperity and social justice;
7) Promotion of full employment among the residents; and
8) Maintenance of peace and order as well as the preservation of the
comfort and convenience of the inhabitants.
https://www.scribd.com/document/261908540/Meaning-and-Importance-of-Local-Legislation-What-is-Local-Legislation

7. Who makes local legislation?
Local legislation is a participatory process. It acquires legitimacy and social
acceptability though the involvement of stakeholders in the LGU. In this
context, stakeholders are groups, organizations and individuals who have a
“stake” in or whose interests will be affected by the process of making laws
or policies. Local legislation is made by key stakeholders in the LGU:
The sanggunian or local legislative body
The local chief executive, including local government executives
The constituents
The civil society organizations, nongovernmental organizations, and
people’s organizations
The private sector and other interest groups.
https://www.scribd.com/document/261908540/Meaning-and-Importance-of-Local-Legislation-What-is-Local-Legislation

8. Local Legislative Power
Sangguniang Panlalawigan for the province - Vice-governor
Sangguniang Panglunsod for the city - City vice-mayor
Sangguniang Bayan for the municipality - Municipal vice-mayor
Sangguniang Barangay for the Barangay - Punong-barangay
In the event of the inability of the regular presiding officer to preside at a
Sanggunian session, the members present 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.
https://www.slideshare.net/jobitonio/local-legislative-process-powers-and-functions-of-sanggunian

9. Local Legislative Process Powers and Functions of Sanggunian
Session of the Saggunians
1) Inaugural Session: the first session of the Sanggunian upon the assumption to office of its
members.
2) Regular Session: the succeeding sessions (the time, date, and place of which has already
been fixed and agreed upon by the members during the inaugural session).
3) Special Session: refers to the session in-between the regular sessions which is being called
for special purposes.
4) Adjourned Session: refers to a session which is being adjourned from hour to hour or from day
to day due to absence of a quorum.
5) Sine die Session: refers to a session which has been extended beyond midnight (12:00MN) or
even beyond the next day without adjournment. The term sine die means without day and
therefore if the session started on Monday but was extended up to next day (Tuesday) without
adjournment the records would show that the day of the session conducted was still Monday
although in actuality the day is Tuesday.
Reference: https://prezi.com/fzky10mizlce/local-legislative-process/

10. Exercise of Legislative Power
In the exercise of its legislative power, the Sanggunians at all level may issue the following
issuance or documents, namely;
Ordinance:
A local law, a regulation of a general, permanent nature, and a rule established by
authority. (Discano Vs. Hatmaitan, G.R. No. 1226, Oct. 31, 1960)
A legislative act of general and permanent character, and
A legislative act passed by the local board or council in the exercise of its law-making
authority.
Resolutions:
Is an expression of the sentiments, declaration of a will, opinion, decision or positioning
being rendered by the members of a deliberative body on certain issues and matters of
public interest and having no permanent value but only temporary in character.
In political science, a resolution “is merely for the translation of the current business of the
local government and has no permanent value for it deals only with matters of special or
temporary character.”
Reference: https://prezi.com/fzky10mizlce/local-legislative-process/

11. Exercise of Legislative Power
Minutes:
Is a record of the proceedings of a deliberative body containing, among
other things, a brief account of what has taken place and not necessarily
what has been said during a particular meeting or session.
Calendar of Business:
Is a list containing a brief description of each item of business scheduled to
be taken up during a session of a legislative body. It is synonymous to the
term “agenda” which is being used in non-deliberative bodies.
Committee Report
Notice of Meetings or Sessions
Reference: https://prezi.com/fzky10mizlce/local-legislative-process/

12. Three-reading principle
The so-called “three-reading principle” which is commonly
adopted in legislative bodies shall also be followed by this
sanggunian. Hence, as a general rule, before an ordinance is
finally enacted, it shall undergo the following stages:
First reading
Second Reading
Third Reading
Reference: https://prezi.com/fzky10mizlce/local-legislative-process/

13. RULES in the ENACTMENT of ORDINANCES and ADOPTION of RESOLUTIONS
Art. 147, IRR of Republic Act 7160
A) Legislative actions of a general and permanent character shall be
enacted in the form of ordinances, while those are of temporary character
shall be passed in the form of resolutions. Matters relating to proprietary
functions and to private concerns shall also be acted upon by resolutions.
B) Proposed ordinances and resolutions shall be in writing and shall contain
an assigned number, a title or caption, an enacting or ordaining clause, and
the date of its proposed effectivity. In addition, every proposed ordinance
shall be accompanied by a brief explanatory note containing the justification
for its approval. It shall be signed by the author or authors and submitted to
the secretary to the sanggunian before that start of the regular session.
local chief executive.
Reference: https://prezi.com/fzky10mizlce/local-legislative-process/

14. C) A resolution shall be enacted in the same manner prescribed for an
ordinance, expect that it shall not go through a third reading for its final
consideration unless decided otherwise by a majority of the sanggunian
members present.
D)No ordinances or resolutions shall be considered on second reading in
any regular meeting unless it has been reported out by the proper
committee to which it was referred or certified as urgent by the local chief
executive.
Reference: https://prezi.com/fzky10mizlce/local-legislative-process/

15. E) Any legislative matter duly certified by the local chief executive as urgent
whether or not it is included in the calendar of business may be presented
and considered by the body at the same meeting without need of
suspending the rules.
F) The Secretary to the Sanggunian shall prepare copies of the proposed
ordinance or resolutions in the form it was passed on the second reading,
and shall distribute to each sanggunian member a copy thereof except that
a measure certified by the local chief executive concerned as urgent may be
submitted for the final voting immediately after debate or amendment during
the second reading.
Reference: https://prezi.com/fzky10mizlce/local-legislative-process/

16. G) No ordinance or resolution passed by the sanggunian in a regular, or
special session duly called for the purpose, shall be valid unless approved
by the majority of the sanggunian member present, there being a quorum.
H) Upon the passage of all ordinances or resolutions directing the payment
of money or creating a liability, and at the request of any member, the
Sanggunian secretary shall record the ayes and the nays. Each approved
ordinance or resolution shall be stamped with the seal of the sanggunian
and recorded in a book kept for the purpose.
Reference: https://prezi.com/fzky10mizlce/local-legislative-process/

17. Enforcement of Disapproved Ordinances or
Resolutions
Any attempt to enforce any ordinance or any resolution
approving the local development plan and public investment
program, after the disapproval thereof, shall be sufficient ground
for the suspension or dismissal of the official or employee
concerned.
https://www.slideshare.net/jobitonio/local-legislative-process-powers-
and-functions-of-sanggunian

18. 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, municipal or barangay
hall and in at least 2 other conspicuous places in the local government
concerned.
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.
https://www.slideshare.net/jobitonio/local-legislative-process-powers-and-functions-of-sanggunian

19. 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 if
approval and posting.
https://www.slideshare.net/jobitonio/local-legislative-process-powers-and-functions-of-sanggunian

20. C) The gist of all ordinances with penal sanctions shall be
publish 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 or origin is situated.
D) In the case if 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.

21. Reference: https://prezi.com/fzky10mizlce/local-legislative-process/