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A.

MEANING AND IMPORTANCE OF LOCAL LEGISLATION


1. 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.

2. Why is local legislation important?

Local legislation is important because it is a powerful, vital tool for:


• addressing the problems of the citizens of the LGU
• promoting the general welfare and development of the LGU and its citizens
• attaining the vision of the LGU for its citizens

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 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.

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.

3. 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.

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Legislative authority at the local level is vested in the sanggunian or the local
legislative body. The sanggunian is a collegial body, composed of a group of
individuals elected to represent the people’s interests. It has the power to enact
ordinances, approve resolutions, and appropriate funds for the welfare of the
LGU and its inhabitants.

The 1991 Local Government Code vests legislative power to the sanggunian at
different levels of local government:
a. Sangguniang Panlawigan for provinces
b. Sangguniang Bayan for municipalities ƒ
c. Sangguniang Panlungsod for cities ƒ
d. Sangguniang Barangay for barangays
e. In the autonomous regions of the country, legislation is made by the regional
legislative assemblies, e.g. Regional Legislative Assembly of the Autonomous
Region in Muslim Mindanao.

B. EFFECTIVE LOCAL LEGISLATION (refer to Framework for Effective Local Legislation)


What is effective local legislation?

Effective local legislation is a collective and participatory process. It refers to the


interaction of the sanggunian or local legislative body with the executive branch
and civil society resulting in legislative actions that promote the development
objectives of the LGU.

Civil society includes the private sector, nongovernmental organizations (NGOs),


people’s organizations (POs), civil society organizations (CSOs), and constituents.
The participation of these individuals and groups is essential to ensure the
legitimacy and social acceptability of ordinances and resolutions enacted.

The sanggunian is a public institution. Like any other organization, it must have
efficient structures and systems. It must have people who can do their jobs well
because they know their roles and functions.

An efficient legislative organization must have the following:


 organizational structure
 rules of procedure
 legislative leadership
 legislative committees
 legislative support system, and
 mechanism for legislative-executive coordination

The presence of adequate and functioning structures and systems make the legislation
process or cycle efficient and open to participation from stakeholders outside the
legislative organization.

For instance, ordinances cannot be enacted without rules of procedure; or the


substance of draft ordinances cannot be enhanced by NGOs without sanggunian
committees to get their views and perspectives.

C. Local Legislation Cycle

As an institution tasked to carry out a public mandate, the sanggunian must


have a clear understanding of the vision and mission of the LGU unit to which it
belongs. As well, its work must be guided by a clear process that defines the role
of different stakeholders in each stage or phase.

Local legislation is a cycle that involves four phases or stages:

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1. Legislative Agenda Formulation
2. Crafting of Ordinances and Resolutions
3. Enactment of Ordinances and Codes of Ordinances
4. Evaluation of the Implementation of Ordinances

At each phase, various stakeholders in the LGU interact with the sanggunian to
ensure that measures produced address the development objectives of the LGU.

1. Phase 1. Legislative Agenda Formulation--Legislation does not begin with the


first reading of a proposed measure. Legislation begins much earlier, with the
formulation of a list of priority legislative measures which the sanggunian
seeks to enact for the duration of its term.

2. Phase 2. Crafting of Ordinances and Resolutions--The second stage is the


crafting of ordinances and resolutions.

This involves two major steps:


1) identifying and analyzing a policy problem to be addressed by legislation
2) gathering research-based information, and 3) drafting the legislative proposal.

A good analysis is informed by a sufficient knowledge of the development issues


that should be addressed by ordinances: poverty reduction, gender equality,
environmental protection, peace and unity, accountability and transparency,
and citizen participation.

Drafting a legislative proposal requires knowledge of its parts or elements, rules of


construction such as grammar and usage, form and style.

3. Phase 3. Enactment of Ordinances and Codes of Ordinances--This stage


involves the process of deliberation, consultation, codification and
consideration that a draft ordinance or resolution undergoes before it is
adopted or enacted.

Without executive approval, an ordinance passed by the sanggunian cannot


be implemented. The executive branch and the civil society groups can
influence this stage by participating in committee activities and other stages
of the legislative process from first reading to approval of the measure by the
local chief executive (LCE).

4. Phase 4. Evaluation of the Implementation of Ordinances--The work of the


sanggunian does not end with the enactment of a law. The sanggunian must
determine if the ordinances it enacted are implemented and if so, how they
are implemented by the executive branch.

The evaluation process seeks to determine if legislative intent is carried out


and determine if funds used for implementing government programs are not
wasted. This function of local legislative bodies is called legislative oversight.
Recommendations from the evaluation feedback into the first stage of the
legislation cycle and become an additional agenda or part of the legislative
agenda of a new set of legislators.

The cycle continues with the crafting of new ordinances, their enactment
and evaluation.

D. Difference of Ordinances and Resolutions

A basic rule in crafting legislative measures is to know the difference between an


ordinances and a resolution.

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• A resolution is a legislative action of a temporary nature; a mere expression of the
opinion or sentiment of the sanggunian on matters relating to proprietary function and
to private concerns.
• An ordinance is a local law prescribing rules of conduct of a general, permanent
nature. It continues to be in force until repealed or superseded by a subsequent
enactment.

E. Elements of an Ordinance

An ordinance must have the following elements or basic parts:


1. Title
• The long title of an ordinance is the general description of what it does. It
appears on the first pages, just after the heading “An Ordinance.”
• The long title should always describe the ordinance’s main thrust and if there
are other miscellaneous, minor or unrelated items in the ordinance, they are
usually handled by simply adding “and for other purposes” just before the period
at the end of the title.
• A short title should simply cover the field that the ordinance covers; it is needed
in major ordinances or codes so they can be easily cited and referred to.

2. Enacting Clause
• It indicates the authority or source of the ordinance.

3. Body or Central Provisions


• The body or central provisions carry out the ordinance’s principal objective
• The body consists of the statement of policy or purpose, definitions, structural or
administrative and reporting provisions, appropriations provisions, and reporting
provisions.

4. Penalty Clause
• The penalty clause is optional as it applies only to general ordinances and
tax ordinances.

5. Transitional Provisions
• Transitional provisions are optional and most frequently used in tax and
regulatory ordinances.
• These provisions are the means to make the changeover from an old
ordinance to a new one.

6. Repealing Clause
• It is also known as the severability or separability clause
• It declares that if any part of the ordinances in which it appears is found to be
unconstitutional, the rest of the ordinance is not to be affected.

7. Effectivity Clause
• It specifies exactly when and how the ordinance is to go initially into effect.

F. Kinds of Ordinances
The following are the four general kinds of ordinances.
1. General Ordinance - refers to an ordinance enacted by a sanggunian in the
exercise of its police power whose primary aim is the general welfare of the
people by prescribing certain regulatory measures.
2. Appropriation Ordinance – refers to an ordinance whose primary aim is to
appropriate local funds for purposes allowed by existing laws.
3. Tax Ordinance – refers to an ordinance enacted by a sanggunian in the
exercise of the local government unit’s taxing power whose primary purpose
is to raise local revenues thru the imposition or levying of taxes, fees and
charges subject to certain limitations prescribed by existing law.

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4. Special Ordinance – refers to an ordinance aimed to address a special
purpose.

G. Basic Rules in Crafting Ordinances

An ordinance to be valid must conform to the following cardinal rules:


1. It must be in harmony with the Constitution, laws and statutes as well as general
principles of law and equity; in a sense, must be consistent with public policy and
must not contravene human rights.
2. It must be enacted in good faith, in the public interest, and designed to enable
the LGU to perform its functions.
3. It must extend only to subjects or matters which are within the powers of the
sanggunian to enact.
4. It must be reasonable in its terms. It must not be partial or discriminatory.
5. It must not restraint, but may regulate trade.
6. It must be adopted by an authorized sanggunian, legally convened.

H. Steps in Enacting Ordinances and Resolutions/The Local Legislative Process


(refer to Tool 2-Local Legislative Process)
The following are the procedural steps in enacting ordinances and resolutions:

Phase 1. Introduction or Sponsorship

Step 1. The measure is filed by a sanggunian member or group of


members with the secretary in its draft form.

Step 2. The secretary records the draft measure in a logbook with the
following information:
o Name of the author/authors
o Title of the proposed ordinance or resolution
o Date filed, and
o The number assigned to it.

Step 3. The title of the measure is read on first reading. If a measure is


proposed by a committee and presented with a report, it need not go
through first reading but is scheduled for second reading.

Step 4. The presiding officer assigns the measure to a committee that will
study it.

Phase 2. Committee Deliberation and Action

Step 5. The committee conducts a meeting and/or hearing to hear the


arguments for and against the measure. These can be attended by
members of government agencies and nongovernmental organizations.

Step 6. The committee takes action by reporting out the measure. The
committee action is either favorable or unfavorable.
o If favorable, report is submitted to the committee on rules which
calendars the measure for second reading.
o If unfavorable, measure is laid on the table, the author or authors are
given notice stating reasons for the action.
o To ensure that all measures are acted upon without delay, committees
may be mandated by the internal rules to prepare a report whether
action on a measure is favorable or unfavorable. This will ensure no
measure is left unacted and build the civil society groups’ trust in the
sincerity and capacity of the sanggunian to address community issues
and problems.

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Phase 3. Sanggunian Deliberations
Step 7. The measure is read in its entirety on second reading during a
session.
Step 8. The committee that studied the measure sponsors it on the floor by
explaining the nature of the measure and recommending its approval by
the body.
Step 9. The measure is subjected to debate and amendments.
Step 10. The secretary prepares copies of the measure incorporating the
amendments and distributes these to the members at least three days
before its third and final reading.

Phase 4. Third Reading and Final Voting


Step 11. The measure is voted upon on third reading in the session.
o A quorum must be present before voting is taken.
o The number of those who voted for and against is recorded.
o The measure is deemed approved by the sanggunian. The secretary
certifies the measure correct and the presiding officer signs it before it is
transmitted to the LCE for approval.

Phase 5. Approval and Review

Step 12. The approved measure is presented to the LCE for action. The
LCE may approve or veto the ordinance.

o If the LCE approves the measure, he/she affixes his/her signature on


each and every page of the measure
o If it is vetoed by the LCE, the measure is returned to the sanggunian for
reconsideration.
o The veto shall be communicated to the sanggunian within 15 days in
the case of the province, and 10 days in the case of city or municipality;
otherwise, the ordinance is deemed approved as if the LCE had signed it.
o The sanggunian may override the veto with a two thirds vote of its
members making the ordinance or resolution legal and binding.

Step 13. An approved ordinance or resolution goes to a higher level


sanggunian for review.
o An ordinance or resolution from a component city or municipality shall
be reviewed by the provincial sanggunian three days after its approval.
o An ordinance or resolution of a sangguniang barangay shall be
submitted for review within 10 days after its enactment.
o If no action is taken by a higher level sanggunian within 30 days after
submission of an ordinance or resolution, it shall be deemed valid.

Phase 6. Publication and Effectivity

Step 14. The secretary shall order the posting of the ordinance or
resolution in a bulletin board at the entrance to the city or municipal hall
or at the provincial capitol; and in at least two conspicuous places in the
LGU concerned not later than five days after its approval.

o The text of the ordinance or resolution shall be disseminated in Pilipino or


English and in the Philippine dialect understood by the majority of the
people.
o Unless otherwise stated in therein, the ordinance shall take effect ten
days from the date a copy of it is posted.
o Ordinances with penal provisions shall be posted for a minimum of three
consecutive weeks, and published in a newspaper of general circulation

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within the territorial jurisdiction of the local government unit concerned
except in the case of barangay ordinances. Unless otherwise provided
therein, the ordinance shall take effect on the day following its
publication, or at the end of the period of posting, whichever occurs later.

I. WHY GET CITIZENS INVOLVED?

The sanggunian must get citizens and civil society organizations to actively
participate in legislative activities because:
• The private sector and CSOs have access to resources – research based
information, time, staff and funds – that may be useful to policymaking.
• It is the right of citizens to be heard.
• It is the right of citizens to be consulted by their elected officials on matters of
public interest.
• It is the right of citizens to organize themselves into groups to participate in
local governance.
• CSOs have the advantage of having a network and the resources to assist in
the monitoring of the sectors, e.g. workers, youth, etc.

Getting groups involved in legislation can benefit the sanggunian because:


• CSOs especially people’s organizations have direct links with the grassroots
because of the services they provide to the community, e.g. health, education,
among others.

It is the responsibility of the sanggunian to make citizens aware of the mechanisms and
venues which allows them to participate in legislative decision-making.

These include:

1. Committee meetings--Unless declared as closed-door executive meetings,


committee meetings are generally open to the public. They can be maximized by
establishing links with concerned sectors and involving them in committee deliberations
on a more regular basis.

2. Committee hearings--Committee hearings are also called public hearings because


their purpose is to consult stakeholders and experts in the LGU on proposed ordinances
or on matters relevant to legislation. These legislative matters should not be limited to
consideration of tax measures but include all other measures that may affect the LGU.
The process can be further maximized by the sanggunian by giving the concerned
sectors or stakeholders timely information and advice prior to the holding of committee
hearings, e.g. committee hearing schedule, agenda, and advice to prepare
presentation materials or position papers.

3. Accreditation While accreditation of NGOs is not a requirement for participation in


legislative activities, accreditation is a good opportunity for the sanggunian to “know
who does what” in the NGO community. This will make it easier for the sanggunian to
identify groups they can tap for their expertise in research, writing, or simply for
information. This mechanism can be further improved by adopting rules and
procedures to encourage CSOs to get accreditation and to provide for a system of
continuing accreditation of CSOs. However, the lack of accreditation should not be an
obstacle for the sanggunian to tap CSOs from participating in sanggunian activities.

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