PA 242 Summer Class Local Legislation

8/12/2019 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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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.



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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)



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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)



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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)



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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!

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PA 242 Summer Class Local Legislation