UNIT VII

LOCAL GOVERNMENT LEGISLATION

Lesson I. The Local Legislative Bodies

The Sanggunians
Local legislative power is exercised by the sangguniang panlalawigan for the
province; the sangguniang panlungsod for the city; the sangguniang bayan for the
municipality; and sangguniang barangay for the barangay (Sec. 48, LGC).

Legislative power or the power to make laws and to alter, change or amend them is
vested exclusively in the Congress of the Philippines by the Constitution. However, the
legislative power of the State is delegated to local government units through the local
legislative bodies or assemblies.

Presiding Officer
The presiding officer of the sangguniang panlalawigan is the vice governor. In the
case of the sangguniang panlungsod, it is the city vice mayor and in the sangguniang bayan,
the municipal vice mayor, as for the sangguniang barangay, the punong barangay.

If however, the regular presiding officer is unable to preside at a sanggunian session,

the members present provided they constitute a quorum shall elect from among themselves a
temporary presiding officer. The presiding officer, whether regular or temporary, votes only
to break a tie.

Internal rules of procedure

The sanggunian is free to determine and adopt its internal rules of procedure on its
first regular session after the election of its members and within a period of ninety (90) days
thereafter. The rules of procedure should provide for the following:

1. Organization of the sanggunian;

2. Election of officers of the sanggunian;

3. Creation of standing committees

3.1 The standing committee shall include the committees on:

(a) Appropriations;
(b) Women and family;
(c) Human rights;
 (d) Youth and sports development;
(e) Environmental protection; and
(f) Cooperatives.

3.2 The determination/definition of the jurisdiction of each committee;

3.3 The election of chairman and members of each committee. The sectoral
representatives shall automatically chair the committee corresponding to their
sectoral group. The President of the local chapters of the liga ng mga barangay
in provincial, city, or municipal level shall likewise automatically chair the
committee on barangay affairs or its equivalent.

4. Order and calendar of business for each session;

5. The legislative process;

6. Parliamentary procedures which include the conduct of members during sessions;

7. The discipline of members for disorderly behavior and absences without

justifiable cause for four (4) consecutive sessions.

The disciplinary actions that may be taken against members are:

7.1 Censure;
7.2 Reprimand;
7.3 Exclusion from the session;
7.4 Suspension for not more than 60 days; and
7.5 Expulsion with the concurrence of at least two-thirds vote of all the
sanggunian members. A member who is convicted by final judgment to
imprisonment of at least one (1) year for any crime involving moral turpitude
is automatically expelled from the sanggunian.

8. Such other rules as the sanggunian may adopt.

Sessions
The sanggunian, by resolution, fixes the day, time, and place of its regular sessions.
The sanggunian has two types of sessions: regular and special. A regular session is one held
on a particular time and place. Regular sessions are held at least once a week for the
sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan, and twice
every month for the sangguniang barangay.

Special sessions are held as frequent as the public interest may demand at the call of
the local chief executive or by a majority of the sanggunian members. There is, however, a
limit to the number of sessions that may be held in one particular day. The Code prohibits the
sanggunian from holding two sessions in a single day (Sec. 52, LGC)

Sessions of the sanggunian are open to the public. A closed-door session may,
however, be ordered by an affirmative vote of a majority of the members present in the
session, provided there is quorum. A closed-door session may be held for reasons of security,
decency, or morality.

If a special session of the sanggunian requires a written notice, it should be served

personally to the member at his usual place of residence. The notice of special meeting must
be served at least twenty-four (24) hours prior to the holding of the special session. During a
special session, no other matters or agenda may be taken or considered except those
enumerated in the notice. However, by a two-thirds vote of the sanggunian members present,
provided a quorum is present, other matters may be considered by the sanggunian. The
sanggunian is required to keep a journal of its proceedings which may be published upon its
resolution.

Quorum
For purposes of officially transacting business, the number of members of the
sanggunian required to be present is majority. Majority means one half of the total number
plus one. If a question on quorum is raised during a session, a roll call should be conducted
by the presiding officer and thereupon announce the results.

What happens if there is no quorum? If there is no quorum:

1. The presiding officer may declare a recess until such time that a quorum is
constituted.

2. 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. For this reason, the
presiding officer may designate a member of the sanggunian, with the assistance of a member
or members of the local police, to arrest the absent member and present him at the session.

3. 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.

Lesson 2. The Local Legislative Process

Rules Governing the Enactment of

Ordinances and Resolutions
The following rules govern the enactment of ordinances or resolutions:

1. Forms of legislative actions

1.1 Legislative actions of general and permanent character are enacted in the
form of ordinances.
 1.2 Legislative actions which are of temporary character including matters
relating to proprietary or business functions and to private concerns will be
in the form of resolutions.

2. Parts of ordinances or resolutions

Proposed ordinances and resolutions shall be in writing and contain the

following:

2.1 An assigned number;

2.2 A title or caption;

2.3 An enacting or ordaining clause;

2.4 Body; and

2.5 Date of proposed effectivity.

A proposed ordinance must be accompanied by a brief explanatory vote

containing the justifications for its approval. It has to be signed by the author or
authors.

3. Process of enactment

The following rules are observed in the enactment of ordinances and

resolutions:

3.1 A resolution is enacted in the same manner prescribed for an ordinance.

However, a resolution need not go through a third reading for its final consideration.
The exception is when the sanggunian by a majority vote decides that the resolution
should go through third reading.

3.2 An ordinance or resolution will not be considered for second reading in a

regular meeting unless it has been reported out by the proper committee to which the
proposed ordinance or resolution was referred or certified as urgent by the local chief
executive.

3.3 A legislative matter (in the form of a resolution or an ordinance) certified

by the local chief executive as urgent whether or not it is calendared may be
considered by the sanggunian without need to suspend the rules.

3.4 Copies of the proposed ordinance or resolution in the form it was passed
on second reading shall be distributed to each sanggunian member.

3.5 A legislative measure certified as urgent by the local chief executive

concerned may be submitted for final voting immediately after debate or amendment
during the second reading.
 3.6 An ordinance or resolution passed by the sanggunian in a regular or special
session will be valid if approved by a majority of the members present, there being a
quorum.

3.7 An ordinance or resolution authorizing or directing the payment of money

or creating liability requires affirmative vote of all the sanggunian members for its
passage or approval.

3.8 Upon the passage of an ordinance and resolution directing or ordering the
payment of money or creating liability, the ayes and nays shall be recorded.

3.9 Each approved ordinance or resolution shall bear the seal of the
sanggunian and recorded in a book it keeps for the purpose.

Approval of Ordinances
There are four methods of passing or approving a local ordinance, namely:

 If the local chief executive approves it by affixing his signature on every page thereof.

 An ordinance vetoed or disapproved by the local chief executive may be reconsidered

by the sanggunian concerned by overriding the veto by two-thirds vote of all its
members.

 The veto must be communicated by the local chief executive concerned within fifteen
days, in case of a province, and ten days, in case of a city or municipality. Otherwise,
the ordinance shall be deemed approved as if he had signed it.

 An ordinance passed by the sangguniang barangay is valid if approved by the

majority of its members and signed by the punong barangay.

Veto Power of the Local Chief Executive

The local chief executive may veto any ordinance of the sanggunian on the ground
that it is ultra vires or prejudicial to the public welfare. The reasons for the veto must be
stated in writing. The local chief executive, except the punong barangay, may veto any
particular item or items of the following ordinances or resolutions:

 An appropriations ordinance;

 An ordinance or resolution adopting a local development plan;

 An ordinance or resolution adopting a public investment program; and

 An ordinance directing the payment of money or creating liability.

The item or items not objected to will not be affected by the veto. The vetoed item or
items will not take effect unless, of course, if the vetoed item or items are overridden by the
sanggunian.
 Review of Ordinances or Resolutions
Review of Component City and Municipal
Ordinances or Resolutions by the Sangguniang
Panlalawigan
The secretary to the sangguniang panlungsod or sangguniang bayan is mandated to
forward within three (3) days after approval, to the sangguniang panlalawigan for review,
copies of approved ordinances and the resolutions approving the local development plans and
investment programs formulated by the local development councils. The sangguniang
panlalawigan will examine the resolutions and ordinances within 30 days from the day it has
received such documents.

Instead of examining the documents, the sangguniang panlalawigan may transmit

them to the provincial attorney, or if there is none, to the provincial prosecutor for immediate
examination. The examining official (provincial attorney or provincial prosecutor) shall
inform the sangguniang panlalawigan of his written comments or recommendations within
ten days from the time he has received the documents. The sangguniang panlalawigan may
consider such comments or recommendations in arriving at a decision.

An ordinance or resolution that is beyond the power conferred upon or given to the
sangguniang panlungsod or sangguniang bayan, will be declared invalid in its entirety or in
part by the sangguniang panlalawigan. The action of the sangguniang panlalawigan is to be
entered in its minutes. It shall likewise advise the concerned city or municipal officials of
such action.

If the sangguniang panlalawigan does not act on the ordinance or resolution submitted
to it for examination, said ordinance or resolution is presumed consistent with law and is,
therefore, valid.

Review of Barangay Ordinances by the

Sangguniang Panlungsod or Sangguniang Bayan
The sangguniang panlungsod and the sangguniang bayan have the power to review
ordinances passed by the sangguniang barangays in their jurisdictions. The purpose of this
review power is to determine whether or not the ordinances are consistent with law or city or
municipal ordinances. It is the duty of the sangguniang barangay to furnish the sangguniang
panlungsod or sangguniang bayan within ten days from its enactment a copy of a barangay
ordinance for review.

The fate of the barangay ordinance submitted for review could be either of two things:
  It is deemed approved. If the sangguniang panlungsod or sangguniang bayan fails to
act on a barangay ordinance within thirty days from its receipt of such ordinance, the
ordinance is deemed approved.

 If the sangguniang panlungsod or sangguniang bayan finds the barangay ordinance

inconsistent with law or city or municipal ordinance, the sanggunian concerned will
return it with its comments and recommendations to the sangguniang barangay that
passed it for adjustment, amendment, or modification.

The effectivity of the ordinance is stayed on or suspended until the revision called for
is effected. Any attempt to enforce a disapproved ordinance or resolution approving the local
development plan and public investment program is a sufficient ground for the suspension or
dismissal from service of the official or employee attempting to enforce it.

Effectivity of Ordinances and Resolutions

Ordinances and resolutions approving the local development plan and public
investment program generally take effect after ten (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 two other conspicuous places in the LGU concerned. The exception to
the rule is when the ordinance or resolution itself provides for another date of effectivity.

Ordinances with penal sanctions take effect on the day following its publication or at
the end of the period for posting, whichever comes later. The posting period is three (3)
consecutive weeks and the publication is in a newspaper of general circulation where a
newspaper of general circulation is available. Barangay ordinances are exempted from the
requirement for publication in a newspaper of general circulation.

Lesson 3. Local Legislation Through Initiative

Procedure in Local Initiative

The fundamental law of the country reserves legislative power to citizens through
initiative. Citizens may now directly enact ordinances or pass resolutions through initiative.

Local initiative is the legal process whereby the registered voters of a local
government unit may directly propose, enact or amend any ordinance. Just like recall,
initiative and referendum, local initiative may be exercised by all registered voters of the
provinces, cities, municipalities, and barangays.

The exercise of initiative begins when a petition with the sanggunian concerned is
filed proposing the adoption, enactment, repeal, or amendment of an ordinance. The table
below shows the number of registered voters required in filing a petition.
Table showing the number of registered voters required for the exercise of initiative and
referendum.

Local Government Unit Number of Registered Voters

Province and City At least 1,000 registered voters
Municipality At least 100 registered voters
Barangay At least 50 registered voters

A petition is an instrument in writing containing the proposition and the required

number of signatories. The form of the petition as prescribed by the COMELEC should state
the following, namely:

 The proposed ordinance sought to be enacted, approved or rejected, amended or

repealed;

 The proposition and the justifications therefor;

 That the proposition is not one of the limitations provided in Article 150 of the IRR;

 Signatures of the petitioning registered voters;

 A formal designation of their duly authorized representatives; and

 An abstract or summary proposition in not more than one hundred words legibly
written or printed at the top of every page of the petition.

Proposition is the measure proposed by the registered voters which is numbered

serially starting from Roman Numeral I. Two or more propositions may be submitted in a
single initiative.

Copies of Petition and Notice

A certain number of the petition have to be produced and distributed to appropriate
officials. Table below shows the officials to be furnished copies of the petition and notice.

Upon receiving the petition and notice, all election registrars concerned will post said
petition and notice in conspicuous public places in the local government unit concerned. A
notice of the dates or schedule of signing of the petition is likewise to be posted with the
petition and notice.

Table showing officials to be furnished copies of the petition and notice across local
government units.

Officials of LGU to be Furnished

Subject Ordinance Copies of Petition and Notice

Provincial Ordinance Provincial Election Supervisor

Municipal/City Election Registrars
 City Ordinance COMELEC – Manila
Barangays within the City

Municipal Ordinance Barangays in the Municipality

COMELEC – Manila

Barangay Ordinance Provincial Election Registrar

COMELEC – Manila

Signing Stations and Schedule of

Signing of Petition
The collection of signatures begins on the first Saturday and Sunday following receipt
of the notice and petition by the election officer in the local government concerned in a public
school building nearest the residence of the voters and designated as such. Each signature
station is under the supervision of a public school teacher designated by the election registrar.
The period for collecting signatures is 90 days for provinces and cities, 60 days for
municipalities, and 30 days in case of barangays.

Procedure for Signing of Petition

Any registered voter in the LGU concerned may sign the petition on any of the days
scheduled for the purpose. The petition shall be signed before the local election registrar, or
his duly designated representative, with a representative each of the proponent and the
sanggunian concerned witnessing such signing. The COMELEC prescribes a form on which
signatures of votes are to be affixed.

Verification of Signatures
The local election registrar or his representative verifies and counterchecks the
genuineness and authenticity of the signatures by matching them with the signatures in the
back of the voters’ affidavits and voters’ identification cards used in the immediately
preceding election. The election registrar may cancel or invalidate any of such signatures on
any of the following reasons or grounds, namely:

 The signature is forged or falsified.

 The signatory is not a registered voter.

 The signature of the voter appears more than once in the same or other forms.

The election registrars’ determination or decision on the genuineness and authenticity

of the signatures is final and unappeasable.

Signatures required
 The number of signatures required for the enactment or amendment of
an ordinance through initiative is 10% of the registered voters of the LGU concerned with
each congressional district represented by at least 3%. The other requirements as regards the
number of signatories are in the table below.

Determination of Percentage and Certification,

Action, and Call for Initiative by the Comelec
The COMELEC Office in the LGU concerned has the authority to determine and
certify whether or not the required number of signatures has been obtained at the lapse of the
period for collecting signatures. The proposition is defeated if it fails to obtain the number of
signatures required. The COMELEC must act on the findings of its office in the LGU
concerned of the sufficiency or insufficiency of the petition for initiative.

Table showing the number of signatures required for initiative.

Local Initiative Affecting an

Ordinance Passed by Required Number of Signatures

3
Sangguniang Panlalawigan Ten percent (10%) of the registered voters
in the province. Each representative district
should be represented by at least three
percent (3%) of the registered voters
therein.

Where the province is a lone district

constituency, each municipality must be
represented by at least three percent (3%)
of the registered voters therein.
Sangguniang Panlungsod Ten percent (10%) of the registered voters
in the city with each congressional district
represented by at least three percent (3%)
of the registered voters therein.

Where the city has only one district, each

barangay must be represented by at least
three percent (3%) of the voters therein.
Sangguniang Bayan Ten percent (10%) of the registered voters
in the municipality, of which every
barangay must be represented by at least
three percent (3%) of its registered voters.
Sangguniang Barangay Ten percent (10%) of the registered voters
in said barangay.
Source: Art. 145, IRR.
 Once the required number of signatures is obtained or established, the COMELEC
sets the date for the initiative. On that date, the proposition is submitted to the registered
voters in the LGU concerned for their approval within 60 days from the date of certification
by the COMELEC in case of provinces and cities, 45 days in case of municipalities, and 30
days in case of barangays. Results of the initiative must be certified and proclaimed by the
COMELEC (Art. 147, IRR).

Effectivity and Limitations

The proposition, once approved by a majority of the votes cast, takes effect 15 days
after certification by the COMELEC as if affirmative action thereon had been made by the
local chief executive and the sanggunian concerned.

Local initiative is subject to the following limitations:

 The power of local initiative may not be exercised more than once a year.

 An initiative may extend only to subjects or matters which are within the legal powers
of the sanggunian to enact.

 If at any time before the initiative is held, the sanggunian concerned adopts in the
proposition presented and the local chief executive approves the same, the initiative
shall be cancelled. Those against such action may, if they so desire, apply for
initiative.

Local Referendum
Referendum is the legal process whereby the registered voters of LGUs may approve,
amend or reject any ordinance enacted by the sanggunian through an election held for the
purpose.

Procedure in Local Referendum

The rules implementing the Code outline the manner by which local referendum is to
be undertaken. Following is the procedure for local referendum:

 Any sanggunian may submit to the registered voters of the LGU, like a
province, city, municipality, and barangay, of which it is a part for approval or
rejection any measure (ordinance or resolution) it enacted or approved.
 The local referendum will be under the control and direction of the
COMELEC.

 The referendum must be held within 60 days in the case of a province or city
and 45 days in case of a municipality, or in the case of a barangay, within 30
days.

 The COMELEC must certify and proclaim the results of the said referendum.
  The requisites for local referendum, the manner of securing the required
number of signatures included, are the same as those for local initiative.

Certain safeguards against the repeal, modification or amendment of a measure

approved through the system of initiative and referendum are provided in the Implementing
Rules. The first sentence of Rule 152 prohibits the repeal, modification or amendment of any
proposition or ordinance approved through the system of initiative and referendum by the
sanggunian concerned within 6 months from the date of approval thereof.

The courts may, however, declare as null and void any proposition or ordinance
approved through initiative and referendum if such proposition or ordinance violates the
Constitution or if it is not within the capacity of the sanggunian concerned to enact.