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Meaning and Importance of Local Legislation What Is Local Legislation
Meaning and Importance of Local Legislation What Is Local Legislation
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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.
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.
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.
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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.
The cycle continues with the crafting of new ordinances, their enactment
and evaluation.
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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 It continues to be in force until repealed or superseded by a subsequent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
2. Enacting Clause
• It indicates the authority or source of the ordinance.
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.
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 4. The presiding officer assigns the measure to a committee that will
study it.
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.
Step 12. The approved measure is presented to the LCE for action. The
LCE may approve or veto the ordinance.
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.
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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.
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.
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:
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