LOCAL LEGISLATION

Nature and Types of

Local Legislative Power
n Two Kinds of Legislative Power
1. Original – possessed by the sovereign people
2. Derivative – that which has been delegated by
the sovereign people to legislative bodies and is
subordinate to the original power of the people.
n Local councils exercise only delegated legislative
powers conferred on them by Congress.
n As mere agents, LGs are vested with the power of
subordinate legislation.
n (Magtajas v. Pryce Properties and PAGCOR G.R. No. 111097, July 20, 1994)
 ORDINANCES vs. RESOLUTIONS
n Ordinance – intended to permanently direct and
control matters applying to persons or things in
general.
n Resolutions – are expressive of an opinion of
legislature which have only a temporary effect.
(Garcia v. COMELEC G.R. No. 111230 September 30, 1994)

n A resolution is a statement or verdict but is a mere

expression of an opinion, or merely the form in which
the legislative body expresses an opinion, and used
whenever the legislative body passing it wishes
merely to express an opinion concerning some given
matter or thing. Resolutions are not laws. (DILG Opinion
No. 12 -1996)
 Test of a Valid Ordinance
1. It must not contravene the constitution or any
statute;
2. It must not be unfair or oppressive;
3. It must not be partial or discriminatory;
4. It must not prohibit but may regulate trade;
5. It must be general and consistent with public policy;
and
6. It must not be unreasonable.
(Magtajas v. Pryce Properties and PAGCOR G.R. No. 111097, July 20, 1994)
n Ordinances enacted by local legislative bodies must not be
repugnant to or in conflict with A.O. and local budget
circulars issued by DBM on compensation, allowances and
other benefits for government officials and employees
n An ordinance cannot prohibit the setting-up of
Casinos by PAGCOR since this would violate the
charter (P.D. No. 1869) and mandate of the latter to
centralize gambling nor can a municipal ordinance
provide for sanctions not allowed by a statute.
(Magtajas v. Pryce Properties and PAGCOR G.R. No. 111097, July 20, 1994, Sol. Gen.
v. MMA, G.R. No. 102782 December 11, 1991)

n A council resolution purporting to decree the

cancellation of specified stallholders’ permits without
according due process to the identified permittees,
partook of the nature of a legislative or quasi-
legislative act imposing a penalty without judicial or
quasi-judicial proceedings. (Mendiola v. People G.R. Nos.
89983 – 84, March 6, 1992)
 Valid Delegation of Legislative Power
1. The statute making the delegation is
complete (i.e. complete in all terms and
provisions such that what can be delegated is
not the discretion to determine what the law
should be but the discretion to determine
how the law shall be enforced; and
2. There are sufficient standards.
(Sol. Gen. v. MMA, G.R. No. 102782 December 11, 1991)
 COUNCIL SESSIONS
n In general, action of all the members of the
council taken separately is not the action of the
council as a distinct entity, and consequently,
an agreement entered into separately by the
members outside a regular session is not
binding.
n Regular Sessions
n Shall be conducted once a week.
n Special Sessions
n May be held depending on public interest and the
exigencies of the situation.
 Session Halls
n Council sessions must be conducted within the
territorial jurisdiction of the municipal corporation
save when the barangay has been wiped-out by
lahar.
n A vice-local chief executive cannot order the closure
or prohibit the opening of the session hall of the
sanggunian.
n A session conducted in the residence of the
barangay chairperson where a resolution was
adopted may be proved to have take place on the
base of the following:
1. The resolution which was actually approved by majority
of the sanggunian members; and
2. The minutes, which bear signatures of the barangay
chairperson and secretary attesting to such fact.
(SANDIGANBAYAN Decision 3rd Div., People v. Ita-as Crim. Case No.
17035, July 11, 1995)
 Internal Rules of Procedure
n During the first session of the newly organized council, the
body must adopt its internal rules which sets the date, time and
place of its sessions. These rules must be strictly complied
with and should be in accordance with LGC of 1991.
n It may provide that sanggunian members shall have the duty to
oversee their barangay constituents by district assignment.
n Without internal rules, a sanggunian cannot suspend a member
for failure to attend the sessions. However, he/she may be
disciplined for dereliction of duty.
n May be suspended to meet exigencies of the situation.
However, the order of business must be followed.
n Once a session has been validly adjourned in accordance with
the sanggunian CBL, any session held on a date not so agreed
upon is invalid.
 Presiding Officer
n Member of Council
n Being the presiding officer of the council, a vice-mayor is considered a
regular member of the local legislative council concerned.
n But a vice-mayor acting as mayor cannot preside over the council until
the mayor re-assumes his position. In such situation, senior councilor
may preside.
n Functions
n Cannot take part in any debate
n Bound to expedite the proceedings of the council
n Must abide by the internal rules of procedure and cannot disregard the
same e.g. deletion of an agendum in the calendar of business
n May participate in the deliberations, sponsor or co-author a bill or chair
a special committee.
n May temporarily relinquish his chair – as presiding officer – to the
majority floor leader or to any sanggunian member.
n Temporary Presiding Officer
n Can exercise all rights and privileges appurtenant to the office subject
also to the limitations of the same.
n Can only cast his vote to break a tie.
 Quorum to Transact Business
n Definition
n That number or proportion of the members of an organization
who must be present at a particular meeting or session for it to
legally transact business.
n Composition
n The vice-chief executive, being a regular member of the council,
is included in the determination of the quorum as well as the ex-
officio members and the sectoral representatives.
n Determination
n Quorum is determined at the time the local council is constituted
(i.e. when members thereof are elected and qualified.) Thus, the
quorum requirement of a majority of all the members of the
sanggunian is not affected or reduced by the resignation of four
of its members.
n The basis of the computation is the number of members (i.e. total
composition of the council regardless of vacancies.) Thus, a SB
member appointed as a replacement to a vacated position is
included in the determination of the quorum. He enjoys the
rights of his predecessor.
n One-half of the members plus one. An abstention is not a vote.
 Vote Requirement
n General Rule
n Ordinary measures shall be decided by a majority of the
members present at any meeting, there being a quorum.
n Approval of propositions directing the payment of money
by, or creating a liability for, the LGU concerned, requires
an affirmative vote of all the sanggunian members.
n When a majority vote is required, it is that number which is
greater than half.
n Exception: Different Vote Requirement
n A sanggunian may provide for a different vote requirement
in certain ordinances. Thus a sanggunian may provide that
for an amendment of zoning ordinances, a ¾ vote of the
members of the sanggunian is required.
 Standing Committees
n Membership in standing committees of local councils are filled-up from
amongst the members of the council concerned. Each council may provide
for its own rules as to the number of committee the councilors may be
members of. Thus, a council may declare that no member should be a
chairperson of more than 2, nor be a member of more than 3 standing
committees.
n The vice-mayor or vice-governor may chair a special committee created for
a special purpose but cannot head a regular committee.
n An ex-officio member, president of liga ng mga barangay, must chair the
committee on barangay affairs and he may head another committee. Creation
of the committee on barangay affairs is mandatory.
n The youth and sports development committee is also a mandatory committee
and must be chaired by the SKF Pres.
n A SB member who is a licensed contractor may serve as the chairperson of
the committee on public works provided he makes a full disclosure of his
financial and business interests and does not have pecuniary interest in any
business transaction which he may intervene in his official capacity.
n A resolution designating a member of the sanggunian as chairperson of an
standing committee is not subject to the veto power of a local chief
executive.
 Local Legislative Process
n Attestation
n Under the LGC of 1991, the vice-mayor as the presiding officer
may attest to the execution of resolutions while the municipal
secretary signs and certifies to the correctness of the same.
n Signature of Vice-Chief Executive, Presiding Officer
n The law is silent as to the period within which an ordinance must
be signed by the presiding officer.
n Reasonable period
n Without his signature, the ordinance cannot be forwarded to the
local chief executive.
n Approval by Local Chief Executive; Types of Instruments
n All ordinances, regardless of the subject matter, including
resolutions adopting a local development plan and public
investment program are subject to approval by the local chief
executive concerned.
 Local Legislative Process
n Manner
n In making explicit approval, the local chief executive
must affix his signature to ordinances.
n He may rely on the written opinion of the local legal
officer regarding the grounds for disapproval. This
constitutes substantial compliance with regard to the
return requirement of disapproved ordinances.
n Inaction of the mayor within 10 days shall mean approval
of the measure. Beyond the 10-day period, a local chief
executive cannot withdraw his approval.
n A punong-barangay who refuses to sign ordinances
enacted by the SB constitutes gross negligence /
dereliction of duty. Despite such refusal, the ordinance is
considered valid.
n Veto by the Local Chief Executive
n Extends only to all ordinances and some resolutions –
adopting local development plans and public investment
programs.
n A resolution designating a member of the sanggunian as
chairperson of an standing committee is not a proper subject
of the veto power.
n A measure vetoed by the LCE and not successfully
overridden by the council cannot be “re-passed” or re-filed
and submitted anew by council for re-enacment. The
limitation that the exercise of the power to veto may only be
done once applies to the prerogative to override a vetoed
ordinance.
n A punong-barangay has no power to veto ordinances
approved by the SB. This is due to the fact that he is a
member of the sanggunian. The action of the sanggunian
binds the punong-barangay and all that remains for him to do
is sign and implement said ordinances. Barangay ordinances
cannot be vetoed by the municipal/city mayor.
n Council Override
n An ordinance or resolution vetoed by the local chief
executive but was successfully overridden by the council
renders the same effective and need not be further approved
by the local chief executive. The number of votes required
to override a veto is based on the number of members of
the sanggunian. Thus, in a council of 10 members, 7 votes
is required and not merely 6 where 2/3 of the members is
6.67 votes. A fraction is assigned a whole number.
n Submission to Higher Council
n It s the sanggunian bayan secretary, not the mayor who is
tasked to forward to the SP for review copies of the
approved ordinances. This duty, being mandatory, may be
enforced.
n Review by Higher Council; Mandatory
n Review is mandatory. Failure to do so shall constitute a
ground for disciplinary action.
n Barangay ordinances are subject to review by the city or
municipal councils.
n Regarding tax ordinances enacted by municipalities and
cities within the Metropolitan Manila area, the LGC of
1991is silent.
n Ordinances, including tax measures, enacted by
municipal councils may be disapproved by the provincial
council, on review. The signature of the governor is
required in relation to the resolution adopted by the
sangguniang panglalawigan approving or disapproving
the ordinance or resolution enacted by the sangguniand
bayan or panglungsod.
n Scope
n Review of resolutions is limited by its type (i.e. only
those adopting the local development plan and public
investment programs). Thus, a provincial council has
no authority to review a resolution adopted by SB
concerning the appointment of a person to a vacant
position.
n Resolutions dealing with local development plans and
public investment programs are in effect, ordinances,
since they involve investment of public money.
n Nature
n The power to review as a legislative check is a
measure by which a provincial government exercises
its power of general supervision over component units.
n Effects if Ultra Vires
n The declaration by the SP that a particular city or municipal
ordinance or resolution is invalid for being beyond the powers
conferred upon its respective sanggunians, is equivalent to a
disapproval of the subject ordinance or resolution. The signature
of the governor is required in relation to the resolution adopted
by the SP approving or disapproving the ordinance or resolution
enacted by the SB or SPanglunsod
n Form
n The power to review is a collegial act by the higher sanggunian.
The approval may come in two ways:
1. Formally, by way of a resolution or
2. Informally, by inaction for 30 days.
n Effect on Ordinance Pending Review
n Pending review by the higher council, an ordinance continues to
be in force and effect. Thus, an appropriations ordinance cannot
be held in abeyance pending its review.
n Liberal Construction
n The power to review must be guided by a liberal construction in
favor of the lower/supervised unit and in consonance with the
principles of local autonomy.
n Period
n The 15-day period within which to act on measures elevated to the
higher councils shall be reckoned from the date of its “submission”
(i.e. date when the subject matter was included in the calendar of
business and not from actual date of receipt.) The same rule applies
to confirmation of appointment by the local chief executive.
n Barangay and City/Municipal Ordinance
n A barangay ordinance must be consistent with laws and city or
municipal ordinances.
n Role of DILG
n The Regional Office of DILG has no power to review municipal
and provincial ordinances as well as barangay resolutions.
n Publication
n The publication requirement of ordinances with penal sanctions is
mandatory in all cases. An ordinance with penal sanctions takes
effect after the same has been published. The whole ordinance
need not be published but the same must transmitted to the Chief
Executive Officer of the Official Gazette who has the option to
publish the same or not.
n Translation
n Tax ordinance need not be translated to Tagalog. This requirement
applies to the approval of local development plans and public
investment programs of the LGU.
n Amendment
n And amendment of a recently-approved ordinance is sufficient to
cause the substitution of the old ordinance by the new ordinance
where provisions in the old ordinance which are repeated in the
new remain effective and those omitted are considered repealed.
 Tax Ordinances
n Public Hearings
n Notice and actual conduct of public hearings with respect
to a tax measure / ordinance as well as its publication are
indispensable requirements for its validity.
n Without the required public hearing, a tax ordinance does
not become effective even if the rates imposed therein are
within the limits imposed by the law.
n The essence of public hearings is to inform the people
and the entities who may likely be affected by the tax
measure. Strict observance of this procedural requirement
is the only safeguard against any unjust and unreasonable
exercise of the taxing powers of the government.
n This fact may be ascertained in the minutes prepared by
the sanggunian secretary.
n Posting
n Posting may be dispensed with if tax ordinance as published.
n Publication
n Mandatory requirement for validity
n Absence constitutes a fatal defect (i.e. ordinance is invalid)
n A tax ordinance to be valid must be published, unless there is no
newspaper of local circulation, in which case, posting is sufficient.
n Publication in the organ of the LGU is insufficient compliance.
n Published in full for three (3) consecutive days.
n Tax Exemption
n A sanggunian has the exclusive authority to grant tax exemptions.
Thus, a municipal mayor cannot waive the collection of revenues.
n Effectivity
n Takes effect upon the date stated in the ordinance or ten (10) days
after posting (if the same is silent) shall accrue on the 1st day of the
quarter next following the effectivity.
n Review of Higher Councils
n Taxes, fees or charges fixed by a municipal ordinance
which among those specified in and within the maximum
prescribed by the LGC of 1991.
n Same procedure with that of ordinances
n As to tas ordinances enacted within Metropolitan Manila
area, the LGC of 1991 is silent. The local chief executive
may consult the DoF.
n Role of Secretary of Justice; Authority
n Authority to review tax ordinances extends only to the
constitutionality or legality of said ordinance and if
warranted, he may revoke it. He cannot substitute his own
judgment nor replace the same. This power is supervision
and not of control.
n Period of Appeal
n Questions involving the constitutionality or legality of tax
ordinances or revenue measures must be raised with Sec. of
DoJ within (30) days from effectivity thereof.
n Scope
n Tax, fee, or charge may be levied and collected
from taxpayer under a duly-enacted tax ordinance
by the local government concerned.
n Recourse must be had with the local board of
assessment appeals.
n Role of Department of Finance
n The department is no longer authorized to review
local tax ordinances. The department may extend
technical assistance to local governments.
 Budget Process
n Failure to Enact Budget
n The sanggunian must continue to hold sessions
until such time as it has passed the budget for the
ensuing year. The members thereof cannot take up
any business. Violation of this rule constitutes a
ground for disciplinary action.
n Role of Supervising Sanggunian
n The annual budget adopted by the sangguniang
panglunsod does not take effect until and unless
the sangguniang panglalawiagan exercising its
review powers approves the same.
END