PA 242 Summer Class Local Legislation
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Transcript of PA 242 Summer Class Local Legislation
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P A 2 4 2 L O C A L G O V E R N M E N T
A D M I N I S T R A T I O N
Local Legislation
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Local Legislative Power
Who Exercises local legislative power and theirpresiding officer?
The Presiding Officer shall vote only to break a tie.
LGU Local Legislative Presiding Officer
Province SangguniangPanlalawigan
Vice Governor
City SangguniangPanlungsod
City Vice-Mayor
Municipality Sangguniang Bayan Municipal Vice-MayorBarangay Sangguniang Bayan Punong Barangay
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Local Legislative Power
In the absence of the regular presiding officer, whopresides in the sanggunian concerned?
The members present and constituting a quorum shallelect from among themselves a temporary presidingofficer.
Note: He shall certify within 10 days from the passageof ordinances enacted and resolutions adopted bythe sanggunian in the session over which hetemporarily presided. (Sec. 49(b) R.A. 7160)
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Quorum
What is the quorum in the sanggunian?
A majority of all the members of the sanggunian whohave been elected and qualified. (Sec. 53(a) R.A.7160)
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Quorum
Zamora vs. Caballero, GR 147767, January 14, 2004
"Quorum" is defined as that number of members of a bodywhich, when legally assembled in their proper places, willenable the body to transact its proper business or that
number which makes a lawful body and gives it power topass upon a law or ordinance or do any valid act."Majority," when required to constitute a quorum, meansthe number greater than half or more than half of anytotal. The entire membership (as in ALL) must be taken
into account in computing the quorum of thesangguniang panlalawigan, A sanggunian is a collegial
body.
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Quorum
What are the procedural steps or actions to betaken by the presiding officer if there is aquestion of quorum and if there is no quorum?
Should there be a question of quorum raised during asession, the PO shall immediately proceed to call the rollof the members and thereafter announce the results.(Sec. 53(a) R.A. 7160)
1. Declare a recess until such time that quorum isconstituted
2. Compel attendance of the member absent withoutjustifiable cause
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Sessions
How are sessions fixed?
If Regular Sessions If Special Sessions
By resolution on the 1stday ofthe session immediatelyfollowing the elections of itsmembers
When public interests sodemand may be called by thelocal chief executive or by amajority of the members ofthe sanggunian
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Session
What are the requirements of a sanggunian session?1. Shall be open to public unless it is a closeddoor session2. No two sessions, regular or special, may be held in a single
day3. Minutes of the session be recorded and each sanggunian shall
keep a journal and record of its proceedings which may bepublished upon resolution of the sanggunian concerned.
4. In case of special sessions:a. Written notice to the members must be served personally at
least 24 hours before
b. Unless otherwise concurred in by 2/3 votes of the sanggunianmembers present, there being no quorum, no other mattersmay be considered at a special session except those stated inthe notice. (Sec. 52 R.A. 7160)
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Session
On its first regular session, may theSanggunian transact business other than thematter of adopting or updating its existingrules or procedure?
Yes. There is nothing in the language of the LGC thatrestricts the matters to be taken up during the firstregular session merely to the adoption or updating of
the house rules. (Malonzo v. Zamora, G.R. No.137718, July 27, 1999).
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Ordinance and Resolutions
What are the products of legislative action andtheir requisites for validity?
Ordinance Resolution
Law Merely a declaration of thesentiment or opinion of alawmaking body on a specific matter
General and permanent character Temporary in nature
Third reading is necessary for an
ordinance
General Rule: Not necessary in
resolution.Exception: Unless decidedotherwise by a majority of all thesangguniang members
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Ordinance
What are the requisites for validity?
1. Must not Contravene the constitution and any statute2. Must not be Unfair or oppressive
3. Must not be Partial or discriminatory4. Must not Prohibit, but may regulate trade5. Must not be Unreasonable6. Must be General in application and Consistent with
public policy.
(Magtajas vs. Pryce Properties Corporation, Inc, G.R. No.111097 July 20, 1994)
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Ordinance and Resolutions
How is a review of the ordinances or resolutions done?
Review of the Component City andMunicipal Ordinances or Resolutions
Review of Barangay Ordinances
Who Reviews
Sanggunian Panlalawigan Sangguniang Panlungsod or Sangguniang Bayan
When copies of ordinance or resolutions be forwarded
Within 3 days after approval Within 10 days after its enactment
Period to examine
Within 30 days after the receipt; may examine or
may transmit to the provincial attorney orprovincial prosecutor. If the latter, must submithis comments or recommendations within 10days from receipt of the document
Within 30 days after the receipt
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Review of Component City andMunicipal Ordinances or
Resolutions
Review of Barangay Ordinances
When declared valid
If no action has been taken within 30days after submission
same
When invalid (grounds)
If beyond the power conferred on thesangguniang panlungsod
If inconsistent with the law or city ormunicipal ordinance.Effect: Barangay ordinance issuspended until such time as therevision is called effected.
Ordinance and Resolutions
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What is the effect of the enforcement of adisapproved ordinance or resolution?
It shall be sufficient ground for the suspension ordismissal of the official or employee (Sec. 58, R.A.7160)
Ordinance and Resolutions
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When is the effectivity of ordinances orresolutions?
General Rule: Within 10 days from the date a copy isposted in a bulletin board and in at least 2conspicuous spaces. (Sec. 59(a) R.A. 7160)
Exception: Unless otherwise stated in the ordinanceor resolution. (Sec. 59(a) R.A. 7160)
Ordinance and Resolutions
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What ordinances require publication for itseffectivity?
Ordinances that carry with them penal sanctions. (Sec.59(c) R.A. 7160)
Ordinances and resolutions passed by highlyurbanized and independent component cities. (Sec.
59(d) R.A. 7160)
Ordinance and Resolutions
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Ordinance
What are the instances of approval of ordinances?
1.If the chief executive approves the same, affixing his signatureon each and every page thereof
2. If the local chief executive vetoes the same, and the veto isoverridden by 2/3 vote of all members of the sanggunian.
Note: Local Chief Executive may veto the ordinance only onceon the ground that the ordinance is ultra vires and
prejudicial to public welfare. The veto must be communicated
to the sanggunian withina. 15 days = province
b. 10 days = city or municipality
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Ordinance
What are the items that the local chief executivemay veto:
1. Item/s of an appropriation ordinance.
2. Ordinance/resolution adopting local development plan
and public investment program3. Ordinance directing the payment of money or creating
liability
Note: Ordinances enacted by the sangguniang barangay
shall, upon approval by a majority of all its members besigned by the punong barangay. The latter has no vetopower.
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Thank you!
M A R V I N C A B A N T A C
P A 2 4 2 L O C A L G O V E R N M E N TA D M I N I S T R A T I O N