This document discusses the authority of Sanggunian (local legislative councils) to issue subpoenas and conduct sessions. It notes that Sanggunian only have compulsory subpoena powers when exercising quasi-judicial functions, not legislative powers. It defines different types of sessions including regular, special, and emergency sessions, and outlines procedural requirements. It also discusses the duties and limitations of presiding officers, rules regarding quorum, types of measures like ordinances and resolutions, and the local legislative process including the introduction and approval of measures and mayoral veto powers.

3. DILG Opinion No. 22, series 2009 –
Authority of sangguniang to issue
compulsory process of subpoena
In the exercise of legislative power –
sanggunian has no compulsory process to
require persons to appear before it (Negros
Oriental II Electric Cooperative vs.
Sangguniang Panlungsod of Dumaguete City,
155 SCRA 421)
Only in the exercise of quasi-judicial functions
that sanggunian can compel appearance of any
person pursuant to its subpoena powers

4. SANGGUNIAN SESSION – refers to a single
meeting of the sanggunian (section 52, LGC)
KINDS OF SESSIONS WITH BINDING LEGAL
EFFECT:
REGULAR SESSION – that which that has been earlier
fixed as to date, time and place, through a Resolution
passed by the sanggunian concerned on the 1st day of
the session immediately following the election of its
members.
Minimum number of regular sessions –
- Once a week for the sangguniang panlalawigan
sangguniang panlungsod and sangguniang bayan
- 2x a month for the sangguniang barangay

5. SPECIAL SESSION – that which may be
called by the LCE or by a majority of the
members of the sanggunian when public
interest do demands.
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

6. 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 a t a special session
EXCEPT those stated in the notice

7. • 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.

8. DILG Opinion No. 38, series of 2006 –
Conduct among SB members
• While in attendance at a session, a
sanggunian member is expected to
ensure his/her participation on
matters presented in their session’s
agenda, either by deliberating or voting
thereon
• Leaving the session hall during a
session without justificable reason but
for purposes of avoiding to participate
– breach of internal discipline /
administrative infraction

9. PRESIDING OFFICER (Section 49, LGC)
Vice –Governor – for the sangguniang panlalawigan
City Vice-Mayor – for the sangguniang panlungsod
Municipal Vice-Mayor – for the sangguniang bayan
Punong Barangay –for the sangguniang barangay

10. What are his/her duties as such?
Shall preside the session
• To guide the proceedings in the sanggunian
• Maintain and preserve order and decorum
during sessions
• Shall vote only to break a tie

11. (DILG Opinion No. 91, series of 2008) – the
Vice-Mayor cannot by himself defer the approval
of certain measure already calendared for
approval in the business for the day. He cannot
impose his sole will upon the sangguniang bayan
and overrule the decision of the majority of the
members of the said sangguinan. As the presiding
officer, the Vice-Mayor’s authority is merely to
preside over session of the sangguinan in order
to ensure orderly and harmonious conduct of the
said sessions. However, it may happen that the
decision of the Vice-Mayor is controlling. This
takes place only in case of a tie in the voting of the
members of the sangguniang bayan.

12. Remedy in case of absence or inability of
the regular presiding officer to preside at
a sanggunian session – members present
and constituting a quorum shall elect from
among themselves a temporary presiding
officer:
• Temporary presiding officer shall be
subject to the same limitations as that of
the presiding office, that is, can cast vote
only to break a tie.

13. QUORUM – that number or
proportion of the members of an
organization who must be present at a
particular meeting or session for it to
legally transact business (Section 53,
LGC0 What constitutes a quorum?
Section 53 of the LGC: A majority of all
the members of the sangguniang who
have been elected and qualified

14. QUALIFIED MAJORITY SIMPLE MAJORITY
Required the affirmative
vote of a majority of ALL the
members
(e.g. Ordinance directing
payment of money or
creating liability)
Approved by a majority of all
the members present
constituting a quorum
(e.g. ordinary measures)
DEFINITION OF MAJORITY:
• 50% + 1
• More than half of any total (Avelino vs. Cuenco,
83 PHIL 80; Perez vs. dela cruz, 27 SCRA 603; Cua
vs. COMELEC, 18 December 1987; Santiago and
Tatad vs. Guingona and Fernan, GR No. 134577,
18 November 1998) .

15. What is the remedy where there is no quorum?
Presiding officer may declare a recess until
such time as a quorum is constituted or a
majority of the members present may adjourn
from day to day and may compel the immediate
attendance of any member absent without
justifiable cause by designating a member of
the sanggunian, to be assisted by a member or
members of the police force assigned in the
territorial jurisdiction of the LGU concerned, to
arrest the absent member and present him at
the session.

16. What if there is still no quorum despite the
above stated remedy?
No business shall be transacted – the Presiding
officer, upon proper motion duly approved by the
members present, shall then declare the session
adjourned for lack of quorum
LEGISLATIVE PROCESS
It involves two (2) aspects:
1. Substantive
2. Procedural

17. SUBSTANTIVE – Local ordinances and
resolutions
• Must be consistent with the Constitutions
and national laws
• Must be fair and not oppressive
• Must be clear and not vague
• Must not be discriminatory but may
classify
• Must not prohibit but may regulate trade
• Must be reasonable
• Must be consistent with public policy

18. SUBSTANTIVE ASPECT
•Are presumed valid
•May adopt a system of priorities
•Cannot contain irreparable provisions
•Must contain one general subject with
germane provisions
•Must not allow what is otherwise prohibited
by law (Magtajas vs. Pryce, 20 January 1994)
Just remember: General Rule – all ordinances
enjoy the presumption of regularity / validity
UNLESS declared otherwise by the proper
court.

19. DILG Opinion No. 69, series of 2009 – since
the subject Provincial Ordinances, which
imposed the different taxes, fees, and
charges as represented, had already been
passed and approved in accordance with
the procedural requirements set by the
Local Government Code of 1991 (RA
procedural requirements set by the Local
Government Code of 1991( RA 7160), and,
in fact, are being implemented for almost a
year now, they therefore enjoy the
presumption of validity and remain to be
enforceable.

20. What if the LCE believes that the
ordinances suffer from legal infirmity,
what is his remedy?
He must question it to the proper court
and ask for a restraining order so that in
the meantime, he can be legally justified
in not implementing the ordinance

21. PROCEDURAL ASPECT – Ordinances are enacted
similarly as national laws
The local legislative process is broken down to
five (5) states/ parts:
1. Filing of Bills / sponsorship –the parts of a bill
are: Title / Preamble/ Whereas/ Principles, Clause,
Text / Substance, and Date of Effectivity
2. First Reading – Reading of title and number of
bill then referral to the appropriate committee
3. Committee Hearings – Deliberation, approval
with or without amendments, substitution or
consolidation, and preparation of committee
report

22. 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; and
6. 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 IRP. However, other matters may be taken
upon the first session day aside from adopting
the IRP of the sangguniang (Malonzo vs.
Zamora, GR No. 137718, 27 July 1999)

23. 3 READING RULE
Congress – 3 readings must be done on 3
separate dates
Sanggunians – can undertake the 3
reading procedure even in 1 day
(Malonzo vs. Zamora, GR No. 137718, 27
July 1999 – the SC ruled that the LGC did
not require that the 3 reading rule must
be conducted in 3 separate dates)

24. APPROVAL OF ORDINANCES – every ordinance
enacted by the sangguniang (except barangay) –
shall be presented to the LCE concerned for
approval (Section 54, LGC)
3 ways by which an enacted ordinance can be
considered an approved ordinance:
1. When the Mayor or Governor affixed his
signature thereto as approved;
2. When the mayor failed to act within the
reglementary period for him to approve the
same and the period for him to approve the
same and the period already lapsed;
3. When the Mayor originally voted the ordinance
and the sangguniang already override the veto
by 2/3 vote of all its members, the ordinance is
considered approved as if he signed by him.

25. Ordinances enacted by the sangguniang
barangay shall, upon approval by the majority
of all its member, be signed by the punong
barangay.
DILG Opinion No.52, series of 2009 – the
requirement on the part of the Punong
Barangay to affix his signature is only a
ministerial one, meaning the Punong barangay
cannot refuse in affixing his signature once the
majority of the members of the sangguniang
barangay has already approved the barangay
budget. In the event that said Punong
Barangay refuses to affix his signature, we are
of the view that the barangay budget as
approved by the Sangguniang Barangay may
already be forward to the Sanguniang
Panlungsod in accordance with Section 333 (a)
of the Local Government Code of 1991

26. ORDINANCE RESOLUTION
- Intended to
permanently direct and
control matters
applying to persons or
thins in general
- Merely expressive of an opinion of a
legislature which have only a temporary
effect
- Providing a permanent
rule of conduct
- A statement or verdict, not a laws but is a
mere expression of a opinion, or merely
the form in which the legislative body
expresses an opinion and used whenever
the legislative body passing it wishes
merely to express an opinion concerning
some given matter or thing
- Need to go through the
3 reading rule
- Ned not go through the 3-reading rule,
UNLESS the sanggunian so agree
- All enacted ordinance
are to be submitted to
the LCE concerned for
approval
- General Rule: All enacted resolutions need
not be submitted to the LCE concerned for
approval
- Exception: resolutions approving local
development plan and public investment

27. VETO POWER OF THE LOCAL
CHIEF EXECUTIVE (SEC. 55, LGC)
ENTIRE VETO ITEM VETO
• Veto power of the mayor as
ordinance, against ordinary
ordinance-the mayor
CANNOT veto any item but
should veto the ordinance
in its entirety
• With respect to
appropriations ordinance,
resolutions approving local
development plans and public
investment programs – the
mayor may exercise item veto
• Ordinary ordinances must
contain one general subject
with germane provisions
• Every section of an
appropriation ordinance is
not interrelated with each
other

28. Item Veto is allowed only on 3 occasions:
1. Appropriations ordinance
2. Resolution approving public investment
program
3. Resolution approving local development
plan
Grounds for the exercise of the veto power of
the LCE
• Ordinance is ultra vires
• Ordinance is prejudicial to the public
welfare

29. DILG Opinion NO. 48, series of 2008 – The veto
power of the City Mayor is complete and duly
exercised when he communicated his written veto
message to the Sanggunian coupled with the act of
returning the proposed ordinance unsigned. The
Local Government Code or its implementing Rules
and regulation does not require that the word veto
be written in the original copy of the proposed
ordinance, as precisely a veto message is a
separate document communicated to the
Sanggunian, together with the unsigned proposed
ordinance, that would guide the Sanggunian in
proceeding whether to override the veto or not.

30. DILG Opinion No. 94, series of 2008 – A 2/3 vote of all
Sangguniang Panlalawigan members is required for the
overriding of the veto by the Provincial Governor. If the actual
membership of the Sangguniang Panlalawigan, including the
Provincial Vice Governor, is thirteen (13) members, the same
shall be the basis in the computation of the 2/3 votes. This is the
proper interpretation of the phrase “two-thirds (2/3) vote of all
its members”. Hence, a 2/3 vote of 13 members will give us a
mathematical result of eight point sixty-seven (8.67). Let it be
noted however that a fraction cannot be considered as one whole
vote since it is physically and legally impossible to count or divide
a person, even his vote into a fractional part. Neither can we go
down to eight (8) because definitely, it is less than 2/3 of the
Sangguniang membership. Thus, the voting requirement to
muster two-thirds vote of all of the thirteen-membership
Sanggunian shall be nine (9). Let it be noted, however, that in the
nine (9) votes required to muster the 2/3 vote, the nine(3) votes
should be coming from the floor, that is, excluding the Presiding
Officer, because the latter can vote only to break a tie pursuant to
Section 49 of the Local Government code.

31. Review of component city and municipal
ordinances or resolution by the
Sangguniang panlalawigan
Review of Barangay Ordinances by the
sangguniang panlungsod or Sangguniang
Bayan
Within 3 days after approval the secretary
to the sangguniang panlungsod or
sangguniang bayan shall forward to the
sannguniang panlalawigan copies of
approved ordinances and resolutions
approving local development plans and
public investment program.
Within 10 days after its enactment, the
sangguniang barangay shall furnish copies of
the barangay ordinances to the sangguniang
panlungsod or sangguniang bayan as to
whether the ordinance is consistent with law
and city or municipal ordinances
2 modes of review:
- Within 30 days after receipt, the
sangguniang panlalawigan shall examine
the component city or municipal
ordinances and resolutions and within
the same period make its decision
- Within 30 days after receipt, the
sangguniang panlalawigan may refer the
legislative measure to the provincial
attorney or in his absence, the provincial
prosecutor, for review, comments and
recommendations.
If the sangguniang panlungsod or sangguniang
bayan finds the barangay ordinance
inconsistent with law or city or municipal
ordinances – return the ordinance with its
comments and recommendations to the
sangguniang barangay for adjustment
amendment or modification.

32. Review of component city and
municipal ordinances or resolution by
the Sangguniang panlalawigan
Review of Barangay Ordinances by the
sangguniang panlungsod or
Sangguniang Bayan
Take note: Either way, the SP shall finish
and submit its review within 30 days
from receipt of the ordinance or
resolution, otherwise, the ordinance or
resolution shall be presumed consistent
with law and therefore valid.
In the foregoing, the effectiviity of the
barangay ordinance is suspended until
such time as the revision called for is
effected
If no action has been taken by the
sangguniang panlalawigan within 30
days after submission – the same shall
be presumed consistent with law and
therefore valid
If the sangguniang panlungsod or
sangguniang bayan fails to take action on
barangay ordinances within 30 days from
receipt thereof the same shall be deemed
approved
30-day period has to be reckoned from
the receipt of ordinance or resolution
30 –day period has to be reckoned from
receipt of ordinance or resolution.
Take note : Only 1 ground for declaring and ordinance or resolution invalid –
when it is beyond the powers conferred upon the sangguiang panlungosd or
Sangguniang bayan to enact. Absolutely no other ground is recognized by law
(Moday v. CA, 268 SCRA 586, February 1997)

33. DILG Opinion No. 60, series of 2008 – Review
Power of the Sangguniang Panlalawigan:
• The 30-day period within which the Sangguniang
Panlalawigan shall review the ordinances ore
resolutions approved by either the Sangguniang
Panlungsod or Sangguniang Bayan is ABSLUTE and
not interrupted by the intervening actions taken in
between by the body such as referrals to committee
meetings, hearings, public hearings, period of
debates, amendments, etc.
• Phrase “take action” on the part of the Sanggunian
within the prescribed period fixed by law should be
construed as either approval or disapproval of the
ordinance
• Referral to DILG – not interrupt the period

34. Ordinance or resolution – effective and binding even pending
review by the higher Sanggunian (Section 57, LGC)
• Review of an ordinance would involve validity and not effectivity
of an ordinance
• Ordinance shall take effect as of the date the same is made
effective by the Sanggunian pursuant to Section 59, LGC. That
would explain why under Section 57, LGC, once it is disapproved
by the Enforcement of disapproved ordinances or resolutions –
sufficient ground for suspension or dismissal of the official or
employee concerned (Section 58, LGC)
Effectivity of ordinances or resolutions – 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 data copy thereof is posted in a bulletin board at
the entrance of the provincial capitol and in at least 1 other
conspicuous places in the LGU concerned (Section 59, LGC)
Who shall cause the posting? Secretary to the sanggunian concerned
not later than 5 days after approval thereof