Professional Documents
Culture Documents
LEGISLATION
MAJOR GOVERNMENT
FUNCTION
LEGISLATION
COLLEGIAL FUNCTION
LOCAL LEGISLATION
As a POWER
LGC delegates the POWER over
Sanggunian(s) 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 whereby the
SOVEREIGN,
through
its
LEGISLATIVE
BODY,
AUTHORIZES
EXERCISE OF GOVERNMENTAL
and CORPORATE POWER; and
USE OF RESOURCES for their
GENERAL WELFARE
Importance
- address the PROBLEMS of the
citizens;
- promote GENERAL WELFARE and
DEVELOPMENT ; and
- attain the VISION of the LGU for its
citizens
COMPOSITION OF LOCAL
SANGGUNIAN
1. Regular Presiding Officer
Vice Governor (Province)
City/Municipal Vice Mayor
( municipalities/Cities)
Punong Barangay ( Barangay )
2. Regular Members
( elected at large);
LOCAL LEGISLATION
ROLES in a LEGISLATIVE /
DELIBERATIVE BODY
PRESIDING OFFICER
DELIBERATING MEMBER
WORKING COMMITTEE
RECORD KEEPER
Presiding Officer
Regular Presiding Officer
The Vice Governor, City/Municipal Vice Mayor and
Punong Barangay shall be the regular presiding
officer
of
the
Sangguniang
Panlalwigan,
Panglungsod, Bayan and Barangay , respectively.
And shall vote only to break a tie
Contents of IRP
The organization of the Sanggunian
and the election of officers as well as
the creation of working committees
Order and Calendar of Business for
each session
The legislative process
The parliamentary procedures
which include the conduct of
members during sessions
CONTENTS OF THE I R P
Sanggunian Committees
Sanggunian Committees?
- a group tasked by the body or assembly
to
consider, or investigate, or take action in
regard to, certain matters or subjects of
public interest.
Why Organize Committees?
To get work done in an efficient and
timely manner
Types of Committees
Standing or Permanent Committees
- tasked or assigned a continuing function and
usually remain standing or existing co-terminus with
the life of the body that created them 11
- created for the purpose of:
in aid
Functions of Committees
-- The functions of committees are determined by
the areas of legislation or concerns of the
sanggunian, e.g. environment and natural
resources, women and family.
- A committee is required to perform legislative
work pertinent to a particular field or issue.
- The jurisdiction of each committee must be
defined in the IRP to ensure an efficient
legislative process.
Session
Requirements in a
Session
Presiding Officer
Secretary
Quorum
Rules of Procedure
Order of Business
Special Sessions
When public interest so demands,
special sessions may be called by the
Presiding Officer or by majority of the
Members of the Sanggunian
Manner of Conducting
Sessions
Special session - written notice shall be
served personally
at the members
usual place of residence at least 24
hours before the special session is held
Unless otherwise concurred by twothirds (2/3) vote of the members, no
other matters may be considered at a
special session, except those stated in
the notice
Quorum
A majority of all the members of
the Sanggunian who have been
elected and qualified shall
constitute a quorum to transact
official business
Quorum
Should a question of quorum be
raised during a session, the
Presiding
Officer
shall
immediately proceed to Call the
Roll of the members and
thereafter announce the results
Where there is no
quorum, the presiding
officer may declare a
recess until such time
a
quorum
is
constituted
Order of Business
the prescribed
sequence of
business to be taken
up during session
which serves as
guide for an orderly
and proper conduct
of proceedings
ORDER OF BUSINESS
Call to Order
Roll Call (optional)
Disposition of the Minutes of
the previous session
First Reading and Referral
Committee Reports
ORDER OF BUSINESS
Calendar of Business
a. Unfinished Business
b. Business for the Day
(Second Reading)**
- Period of Sponsorship (1st period)
- Committee Amendment (2nd period)
- Individual Amendment (3rd period)
- Period of approval on Second
reading (4th period)
c. Unassigned Business
.
LEGISLATIVE OUTPUTS
Ordinance - legislative
action of a general and
permanent character
Resolution - mere
expression of
legislative sentiment.
Temporary in
character.
Requisites of a Valid
Ordinance
It must not contravene the constitution
or any statute
It must not be unfair and oppressive
It must not be partial or discriminatory
It must not prohibit but may regulate
trade
It must be general in application and
consistent with public policy
It must not be unreasonable
Parts of a Resolution
Assigned Number (Reso.#, series of
2007, 2008 etc.)
Title (A RESO.)
WHEREAS clauses (justification)
Resolutory Clause ( Resolve, as it is
hereby Resolved)
APPROVAL
Certification
Attestation
APPROVAL OF ORDINANCES
- Ordinances enacted must be presented to
the Local Chief Executive (Governor,
City/Municipal Mayor ( for approval or
otherwise) If approved, affix his signature or
may veto and return the same to the
Sanggunian with his objections.
-Veto shall be communicated to the SP
(within 15 days), SP/SB ( within 10 days).
-Override the Veto ( Sanggunian by 2/3 vote)
-Ordinances enacted by S/Barangay, shall
upon approval by majority of all its
members, be signed by the Punong
Barangay
Enforcement of Ordinances
and Review by Higher
Sanggunian
If inconsistent with law or city/municipal
ordinances, the SB/SP shall, within thirty
(30) days from receipt, return with
comments and recommendations to the
Sangguniang Barangay for adjustment,
amendment, or modification; in which case,
the effectivity of the Barangay ordinance is
suspended until such time as the revision
called for is effected. (Sec. 57 c)
THANK YOU !
Parts of an Ordinance
Letterhead ( OFFICE OF THE SANGGUNIANG
BARANGAY)
Assigned Number
Title (Capitalized)
Enacting/Ordaining Clause
BE IT ORDAINED or BE IT ENACTED BY THE
Sangguniang Barangay of _____, Municipality of
_____,Province of __________ that:
Body ( by Section)
Section 1. It shall be unlawful for
Section 2. Definition of Terms
Section 3 .. . .
Parts of an Ordinance
Section 4. Penalty Clause
Violation of any provisions of this Ordinance
shall be punished by a fine of not less than.
Effectivity
This Ordinance shall take effect within
--------upon publication/ posted in --------
Ordinances
Certified Correct - Presiding Officer
Attested Barangay Secretary
A P P R O V E D : (Signed by
Members of the Sangguniang
Barangay )
Committee Report
- an official written account of the action
taken by a committee relative to a
particular task assigned to it, together
with the findings or conclusions and
the corresponding recommendations
COMMITTEE REPORT
Republic of the Philippines
Province of ______
Municipality of _______
SANGGUNIANG BARANGAY
COMMITTEE ON _________________
COMMITTEE REPORT
__________, 200___
SUBJECT:
FINDINGS AND RECOMMENDATION:
(Sgd)___________________
Committee Chair
CONCURRING:
(Sgd)__________________
Member
Member
(Sgd)___________________
Member
No decision
arrived at / with
valid reason(s)
Letterhead
Name of Reporting
Committee
Date of Report
Brief statement of the
subject matter
referred
The Report
The Reporter (primary)
DISSENTING:
(Sgd)__________________
( Sgd)__________________
Member
Member
ABSTAIN:
(Sgd)___________________
Member
APPENDICES:
Minutes of Public Hearing and Committee Meetings and Attendance Sheet
disagrees
(submit
minority report)
Member Agrees
Rules on Committee
Reporting
Rules on Committee
Reporting
3.
If
the
report
contains
no
recommendations,
no
action
is
necessary. Thus it is consigned to the
archives for future consideration;
4.the body may adopt or reject the report,
either in whole or in part;
5. the body may postpone, definitely or
indefinitely , its consideration of the
report or recommendations therein;
Rules on Committee
Reporting
6. The body may decide to
return the report to the
concerned
committee
for
further study or refer it to
another committee for proper
action.
Committee Meeting
A meeting attended only
by
the
committee
members
unless
a
majority
members
thereof decided to allow
other persons to be
present
particularly
those invited resource
persons or consultants
Significance of Public
Hearing
Public
hearing
reinforces
legislative proposals, extracting of
information
would
either
support/deny the intents of the
proposal;
No tax ordinance or revenue
measure shall be enacted by the
Sanggunian in the absence of a
public hearing duly-conducted by
the Committee concerned.
DONTS in PUBLIC
HEARING
MIUTES OF THE PUBLIC HEARING CONDUCTED BY THE COMMITTEE ON ___________ ON THE PROPOSED
ORDINANCE________________________________ ON __________, 200___ AT THE __________________________. PRESIDING
OFFICER: HON. ________________, COMMITTEE CHAIR.
Members Present:
1.
2.
3.
Members Absent:
1.
2.
(Provide a summary of the proceedings. Cite the following:
- Time the hearing started and ended
- Number of persons attending (attach the attendance sheet)
- Issues Raised by Invited Resource Persons
CERTIFIED CORRECT:
(Sgd) ________________________
Secretary to the Sanggunian
ATTESTED:
(Sgd)___________________
Committee Chair
Enforcement of Barangay
Ordinances and Review by
Higher Sanggunian
If inconsistent with law or city/municipal
ordinances, the SB/SP shall, within thirty
(30) days from receipt, return with
comments and recommendations to the
Sangguniang Barangay for adjustment,
amendment, or modification; in which case,
the effectivity of the Barangay ordinance is
suspended until such time as the revision
called for is effected. (Sec. 57 c)