Development Legislation

Key Concepts in Local Legislation

In this ebook we will discuss key concepts to help us better understand the local legislature.

What is the sanggunian?

The sanggunian is the local legislative body of a local government unit.
Each sanggunian is composed differently depending on the type of local legislative unit they serve.

Sanggunians are legislative entities which have the power to enact resolutions and ordinances
within their territorial jurisdiction. The exercise of these powers is not absolute and is subject
to the limits provided by law.

Each sanggunian is composed of regular members, ex-officio members,

and sectoral representatives.

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Who are the members of the sangguniang panlalawigan?

Vice Governor
as Presiding Officer The Regular Members

The President of the City The President of the

Chapter of the Liga Panlungsod na Pederasyon
ng mga Barangay ng mga Sangguniang Kabataan

Three Sectoral Representatives

One from women, one from the agricultural or industrial workers, and one from other sectors
(including urban poor, indigenous cultural communities, disabled persons, or any other
sector that may be determined by the sangguniang panglungsod)

Interesting facts about the sangguniang panlalawigan

The number of a sangguniang panlalawigan’s regular members are determined by the
province’s income as classified by the Department of Finance.

As of the 2019 elections, the province of Cavite’s Sangguniang Panlalawigan’s 19

members is the most in our country.

The current version of the Sangguniang Panlalawigan is supported by the 1987

Constitution and the 1991 Local Government Code.

Who are the members of the sangguniang panlungsod?

City Vice Mayor

as Presiding Officer The Regular Members

The President of the City The President of the

Chapter of the Liga Panlungsod na Pederasyon
ng mga Barangay ng mga Sangguniang Kabataan

Three Sectoral Representatives

One from women, one from the agricultural or industrial workers, and one from other sectors
(including urban poor, indigenous cultural communities, disabled persons, or any other sector
that may be determined by the sangguniang panglungsod)

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Who are the members of the sangguniang bayan?

Municipal Vice Mayor

as Presiding Officer The Regular Members

The President of the City The President of the

Chapter of the Liga Panlungsod na Pederasyon
ng mga Barangay ng mga Sangguniang Kabataan

Three Sectoral Representatives

One from women, one from the agricultural or industrial workers, and one from other sectors
(including urban poor, indigenous cultural communities, disabled persons, or any other sector
that may be determined by the sangguniang bayan)

Interesting facts about the sangguniang panlungsod

and sangguniang bayan
The main difference between the Sangguniang Panlungsod and the Sangguniang Bayan is
the local government unit that they serve.

Sangguniang Bayan - Municipalities

Sangguniang Panlungsod - Cities

Manila and Quezon City have the largest Sangguniang Panlungsod

with 36 members each.

Its powers, composition, and functions are defined by the 1991 Local Government Code.

Who are the members of the sangguniang barangay?

Punong Barangay
Seven Regular Members
as Presiding Officer

Sangguniang Kabataan
Chairperson

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Snapshots of the different sanggunians

Legislative Body Administrative Division Presiding Officer

Sangguniang Panlalawigan Province Provincial Vice Governor

Sangguniang Panlungsod City City Vice Mayor

Sangguniang Bayan Municipality Municipal Vice Mayor

Sangguniang Barangay Barangay Punong Barangay

Legislative Body Respective powers

Sangguniang Panlalawigan Enact ordinances, approve resolutions, and appropriate

funds for the province

Sangguniang Panlungsod Enact ordinances, approve resolutions, and appropriate

funds for the city

Sangguniang Bayan Enact ordinances, approve resolutions, and appropriate

funds for the municipality

Sangguniang Barangay Enact ordinances and enact annual /

supplemental budgets

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What are the roles and responsibilities
of presiding officers?
Vice Vice City Municipal Punong
Role / Responsibility
Governor Mayor Vice Mayor Barangay

Be the presiding officer of their

respective sanggunian and sign all
warrants drawn on the provincial
treasury for all expenditures
appropriated for the operation of
their respective sanggunian.

Subject to civil service law, rules

and regulations, appoint all officials
and employees of their respective
sanggunian, except those whose
manner of appointment is
specifically provided under the
Local Government Code of 1991.

Exercise such other powers and

perform such other duties and
functions as may be prescribed by
law or ordinance.

Enforce all laws and ordinances

which are applicable within the
barangay.

Negotiate, enter into, and sign

contracts for and in behalf of the
barangay, upon authorization of
the sangguniang barangay.

Call and preside over the sessions

of the sangguniang barangay and
the barangay assembly, and vote
only to break a tie.

Upon approval by a majority of all

the members of the sangguniang
barangay, appoint or replace the
barangay treasurer, the barangay
secretary, and other appointive
barangay officials;

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What are the roles and responsibilities
of presiding officers?
Vice Vice City Municipal Punong
Role / Responsibility
Governor Mayor Vice Mayor Barangay

In coordination with the barangay

development council, prepare the
annual executive and
supplemental budgets of the
barangay.

What is a session?
A session is a series of meetings in which the legislative powers and discretionary powers of the
sanggunian can be legitimately executed. The duration of which can vary depending on the topic
which will be discussed during the session.

Ordinances and resolutions enacted outside of an official session are not valid.

Session frequency is determined by the respective sanggunian. The Local Government Code
prescribes the following minimum number of sessions:

Once a week for the sangguniang panlalawigan

Once a week for the sangguniang panlungsod
Once a week for the sangguniang bayan
Twice a month for the sangguniang barangay

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Special Sessions
Special sessions can be held when called by the local chief executive, the majority of the sanggunian,
or when public interest demands.

Quorum
The quorum is the number of sanggunian members required for the sanggunian to legally transact
business. The sanggunian exists as an entity which means without the quorum, it cannot act in a joint
deliberation as a legislative body.

According to the Bouvier’s Law Dictionary, there are two (2) rules as to quorum in legislative bodies;
one, where the quorum is fixed by the power creating the body, in which case a majority of the
specified quorum may transact business; the other, where the quorum is not fixed by such power, in
which case the general rule is that a quorum is a majority of all the members.

2
3 Rule
There are special instances in the exercise of the sanggunian’s power that a 2
3 majority rule applies.
Below is the list of these special instances:

To override the veto power of the local chief executive

To expel a member of the sanggunian for disorderly conduct
To grant tax exemptions, incentives, and reliefs
Other instances as provided in the sanggunian internal rules of procedure

What happens when there is no quorum?

Not having a quorum may cause a recess or the adjournment of a meeting.

Standing Committees and the Secretary

to the Sanggunian

Standing Committees
These are permanent groups composed of specific sanggunian members to tackle specific legislative
issues. These committees are composed of a group of people that does not have more than 5
members. Every committee must have a chair and vice chair that is drawn from the sanggunian
membership.

These committees are important because they perform legislative work related to a specific field that
the sanggunian chooses. They are created to facilitate ordinance or resolution sponsorship, public
hearings in aid of legislation, and legislative reviews.

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The following provisions guide the sanggunian in creating standing committees:

Section 468. Powers, Duties, and Functions of the Sangguniang Panlalawigan;

Section 458. Powers, Duties, and Functions of the Sangguniang Panlungsod;
Section 447. Powers, Duties, and Functions of the Sangguniang Bayan;
Section 391. Powers, Duties, and Functions of the Sangguniang Barangay;
Section 16. General Welfare; and
Section 17. Basic Services and Facilities.

Based on a 1993 national survey conducted by the Bureau of Local Government Supervision, below
are the most common standing committees among our different provincies, cities, and municipalities:

img of province

Provinces
Committee on Finance and Appropriations
Committee on Education and Culture
Committee on Health and Sanitation
Committee on Youth
and Sports Development
Committee on Women, Children
and Family Relations
Committee on Barangay Affairs
Committee on Human Rights
and Public Information
Committee on Peace and Order
Committee on Ways and Means
Committee on Social Services
Committee on Urban Development
Committee on Cooperatives /
Trade and Industry
Committee on Transportation
and Communications
Committee on Ways and Means
Committee on Agriculture / Livelihood
Committee on Rules and Privileges
Committee on Environmental
Protection and Ecology
Committee on Good Government /
Public Ethics and Accountability
Committee on Market and Slaughterhouse
Committee on Laws and Ordinances
Committee on Public Works and
Infrastructure

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 Cities and Municipalities
Committee on Finance and Appropriations Committee on Transportation
Committee on Education and Culture and Communications

Committee on Health and Sanitation Committee on Public Works

and Infrastructure
Committee on Youth
Committee on Tourism and Culture
and Sports Development
Committee on Social Services
Committee on Women, Children
and Family Relations Committee on Environmental
Protection and Ecology
Committee on Barangay Affairs
Committee on Good Government /
Committee on Human Rights
Public Ethics and Accountability
and Public Information

Committee on Peace and Order Committee on Market

and Slaughterhouse
Committee on Ways and Means
Committee on Infrastructure
Committee on Rules and Privileges and Special Projects

Secretary to the Sanggunian

The secretary to the sanggunian is a career official which will take charge of the office of the secretary
to the sanggunian. Appointment of one is mandatory for provincial, city, and municipal governments.

The secretary of the sanggunian has many roles in the sanggunian such as:

Attend sanggunian meetings and keep a journal of its proceedings

Keep and affix the seal of the local government along with his / her signature to the ordinances
and resolutions produced by the sanggunian

Record all ordinances and resolutions enacted by the sanggunian

Forward to the governor or mayor as the case may be, for approval, copies of ordinances
enacted by the sanggunian

Execute such other powers and perform other duties and functions that may be prescribed
by law or ordinance
Program for