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Unit Vii Local Government Legislation
Unit Vii Local Government Legislation
Introduction
This is the seventh of nine (9) units constituting this self-instructional
material. Its subject is local legislation. The unit is presented in small chunks
of information to keep your interest on it. Activities and assessment questions
were introduced to break the monotony of reading through long discussions.
The unit is divided into three (3) lessons, namely: the local legislative
bodies (Lesson 1); the legislative process (Lesson 2); and local legislation
through initiative (Lesson 3).
Suggested Timeframe:
4 hours
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Lesson 1
Objectives
At the end of Lesson 1, you should be able to:
1. Enumerate the legislative bodies of the local government units;
2. Identify the presiding officers of the local legislative bodies; and
3. Know the internal rules of procedure of local legislative bodies.
The Sanggunians
Local legislative power is exercised by the sangguniang panlalawigan
for the province; the sangguniang panlungsod for the city; the sangguniang
bayan for the municipality; and sangguniang barangay for the barangay (Sec.
48, LGC).
Presiding Officer
The presiding officer of the sangguniang panlalawigan is the vice
governor. In the case of the sangguniang panlungsod, it is the city vice mayor
and in the sangguniang bayan, the municipal vice mayor, as for the
sangguniang barangay, the punong barangay.
Activity
1
Below is a blank table divided into two columns. The column on the
left bears the heading “Sanggunian” and the one on the right carries the
title “Presiding Officer.” On the first column (the one on the right), you
write the sanggunians of the LGUs and on the second column you indicate
the presiding officer of each of the sanggunians. Pass this activity to
your tutor for correction. Write your name on this page.
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Activity
2
Secure a certified true copy of the rules of
procedure of a sangguniang bayan. Study these carefully. Sort the
rules of procedure according to the items (No. 1 – No. 8)
presented in the topic on “Internal Rules of Procedure.” Write the
results in a separate report and submit it to your tutor for
evaluation. A copy of the rules of procedure should accompany the
report. There should not be two reports with identical subjects.
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Sessions
The sanggunian, by resolution, fixes the day, time, and place of its
regular sessions. The sanggunian has two types of sessions: regular and
special. A regular session is one held on a particular time and place. Regular
sessions are held at least once a week for the sangguniang panlalawigan,
sangguniang panlungsod, and sangguniang bayan, and twice every month for
the sangguniang barangay.
Special sessions are held as frequent as the public interest may demand
at the call of the local chief executive or by a majority of the sanggunian
members. There is, however, a limit to the number of sessions that may be held
in one particular day. The Code prohibits the sanggunian from holding two
sessions in a single day (Sec. 52, LGC)
Quorum
For purposes of officially transacting business, the number of members
of the sanggunian required to be present is majority. Majority means one half
of the total number plus one. If a question on quorum is raised during a
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session, a roll call should be conducted by the presiding officer and thereupon
announce the results.
2. A majority of the members present may adjourn from day to day and
may compel the immediate attendance of any member absent without
justifiable cause. For this reason, the presiding officer may designate a member
of the sanggunian, with the assistance of a member or members of the local
police, to arrest the absent member and present him at the session.
3. No business shall be transacted. The presiding officer, upon proper
motion duly approved by the members present, shall then declare the session
adjourned for lack of quorum.
3. Process of enactment
The following rules are observed in the enactment of ordinances
and resolutions:
3.1 A resolution is enacted in the same manner prescribed for an
ordinance. However, a resolution need not go through a third reading
for its final consideration. The exception is when the sanggunian by a
majority vote decides that the resolution should go through third
reading.
3.2 An ordinance or resolution will not be considered for second
reading in a regular meeting unless it has been reported out by the
proper committee to which the proposed ordinance or resolution was
referred or certified as urgent by the local chief executive.
3.3 A legislative matter (in the form of a resolution or an
ordinance) certified by the local chief executive as urgent whether or
not it is calendared may be considered by the sanggunian without need
to suspend the rules.
3.4 Copies of the proposed ordinance or resolution in the form it
was passed on second reading shall be distributed to each sanggunian
member.
3.5 A legislative measure certified as urgent by the local chief
executive concerned may be submitted for final voting immediately
after debate or amendment during the second reading.
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Activity
You go to the hall where your sangguniang bayan holds its
sessions. Meet the secretary to the sanggunian or the presiding officer
and get/request for a copy of an ordinance passed by the sanggunian that
is now being implemented. Study the ordinance carefully.
Approval of Ordinances
There are four methods of passing or approving a local ordinance,
namely:
If the local chief executive approves it by affixing his signature on
every page thereof.
An ordinance vetoed or disapproved by the local chief executive may
be reconsidered by the sanggunian concerned by overriding the veto by
two-thirds vote of all its members.
The veto must be communicated by the local chief executive concerned
within fifteen days, in case of a province, and ten days, in case of a city
or municipality. Otherwise, the ordinance shall be deemed approved as
if he had signed it.
An ordinance passed by the sangguniang barangay is valid if approved
by the majority of its members and signed by the punong barangay.
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from the time he has received the documents. The sangguniang panlalawigan
may consider such comments or recommendations in arriving at a decision.
The fate of the barangay ordinance submitted for review could be either
of two things:
Ordinances with penal sanctions take effect on the day following its
publication or at the end of the period for posting, whichever comes later. The
posting period is three (3) consecutive weeks and the publication is in a
newspaper of general circulation where a newspaper of general circulation is
available. Barangay ordinances are exempted from the requirement for
publication in a newspaper of general circulation.
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Assessment
Questions
Modified True or False. Answer true if the statement is correct. If the
statement is false, underline the word or phrase that makes the statement wrong
and write the word that will make it correct.
Initiative
At the end of Lesson 3, you should be able to:
Lesson 3
1. Discuss clearly the procedure of local initiative; and
Objectives
2. Enumerate the requirements of local initiative.
Table showing the number of registered voters required for the exercise of
initiative and referendum
Upon receiving the petition and notice, all election registrars concerned
will post said petition and notice in conspicuous public places in the local
government unit concerned. A notice of the dates or schedule of signing of the
petition is likewise to be posted with the petition and notice.
Table showing officials to be furnished copies of the petition and notice across
local government units
Verification of Signatures
The local election registrar or his representative verifies and
counterchecks the genuineness and authenticity of the signatures by matching
them with the signatures in the back of the voters’ affidavits and voters’
identification cards used in the immediately preceding election. The election
registrar may cancel or invalidate any of such signatures on any of the
following reasons or grounds, namely:
The signature is forged or falsified.
The signatory is not a registered voter.
The signature of the voter appears more than once in the same or other
forms.
The election registrars’ determination or decision on the genuineness
and authenticity of the signatures is final and unappeasable.
Signatures required
The number of signatures required for the enactment or amendment of
an ordinance through initiative is 10% of the registered voters of the LGU
concerned with each congressional district represented by at least 3%. The
other requirements as regards the number of signatories are in the table below.
The COMELEC must act on the findings of its office in the LGU concerned of
the sufficiency or insufficiency of the petition for initiative.
Assessment
Questions
Identification. Write the concept, word, or phrase described in the
sentence on the space provided before the statement or sentence.
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Local Referendum
Referendum is the legal process whereby the registered voters of LGUs
may approve, amend or reject any ordinance enacted by the sanggunian
through an election held for the purpose.
The courts may, however, declare as null and void any proposition or
ordinance approved through initiative and referendum if such proposition or
ordinance violates the Constitution or if it is not within the capacity of the
sanggunian concerned to enact.
After the lull, you are now refreshed to deal with the activity and tackle
the self- assessment questions.
Assessment
Questions
Modified True or False. Answer True if the statement is correct. If
the statement is false, underline the word or phrase that makes the statement
wrong and write the word or phrase that will make it correct.
Activity
1
This activity is an exercise on the conduct of local initiative,
which you have familiarized yourself with earlier.
Summary
This is the end of an interesting unit on local government legislation.
You may now share your knowledge on local legislation by conducting a
seminar or training on local legislation for members of your sangguniang
barangay.