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LOCGOV - VI - Local Legislation - Sec. 48 - Coggle Diagram

- - - - Presiding Officer – Sec. 49 -
        
        GR - The vice-governor shall be the presiding ofﬁcer of the sangguniang panlalawigan;
        
        the city vice-mayor, of the sangguniang panlungsod;
        
        the municipal vice-mayor, of the sangguniang bayan;
        
        and the punong barangay, of the sangguniang barangay.
        
        XCPN - In the event of the inability of the regular presiding ofﬁcer to preside at a sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding ofﬁcer.
        He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided.
        
        Internal Rules – Sec. 50 - On the ﬁrst regular session following the election of its members and within 90 days thereafter, the sanggunian shall adopt or update its existing rules of procedure [Sec 50, LGC]
        
        Financial Disclosure – Sec. 51 - Every sanggunian member shall, upon assumption to ofﬁce, make a full disclosure of his business and ﬁnancial interests, or professional relationship or any relation by afﬁnity or consanguinity within the fourth civil degree, which he may have with any person, ﬁrm, or entity affected by any ordinance or resolution under consideration by the sanggunian of which he is a member, which relationship may result in conﬂict of interest.
        
        Sessions – Sec. 52
        
        Quorum – Sec. 53 - The presence of a quorum is required to transact ofﬁcial business. A majority of all members of the Sanggunian who have been elected and qualiﬁed shall constitute a quorum [Sec 53, LGC]
        
        Majority - means the number greater than half, or more than half of any total. (Zamora v. Caballero)
        
        How Quorum Computed - based on the total composition of the Sanggunian. The presence of the presiding ofﬁcer is considered in determining the presence of a quorum since a presiding ofﬁcer is considered a “member” of the sanggunian (La Carlota City v. Rojo)
        
        Quorum shall be based on the total number of members elected and qualiﬁed. The ﬁling of a leave of absence does not affect a member's election to, and qualiﬁcation as member of, a local legislative body (Zamora v. Caballero)
        
        Quorum Requirement -
        
        GR - A majority of the members present, there being a quorum is required for the valid enactment of an ordinance or resolution [Art 107(g), LGC IRR]
        
        XCPN - When otherwise provided by the LGC
        
        Any ordinance or resolution authorizing or directing the payment of money or creating a liability requires the approval of the majority of all the sanggunian members
        
        It is legally permissible for the sanggunian to provide for a higher voting requirement for the enactment or amendment of a particular ordinance (Casino v. CA)
        
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        Regular Sessions - First session following the election, the Sanggunian shall, by resolution, ﬁx the day, time, and place of its regular sessions
        
        Required Number of Regular Sessions - No two sessions, regular or special, may be held in a single day.
        
        Sangguniang Panlalawigan, Panlungsod, and Bayan - Once a week
        
        Sangguniang Barangay - Twice a month
        
        Open to the Public -
        
        GR - All sessions shall be open to the public.
        
        XCPN - Closed-door session is ordered by majority of the members present, there being a quorum, in the public interest or for reasons of security, decency or morality
        
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        Scope of Relationship - Includes:
        
        Ownership of stock or capital, or investment, in the entity or ﬁrm to which the ordinance or resolution may apply; and
        
        Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect.
        
        Conflict of Interest - refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary, or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public.
        
        Mode of Disclosure - in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he is a member. It shall form part of the record of the proceedings and shall be made in the following manner:
        
        Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under consideration: Provided, That, if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and
        
        Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, ﬁnancial connection, or professional relationship described herein.
        
        Contents of Rules of Procedure -
        
        Organization of the Sanggunian and the election of its ofﬁcers
        
        Creation of Standing Committees
        
        Order and calendar of business for each session
        
        The legislative process
        
        Parliamentary procedures
        
        Disciplinary rules for members for disorderly behavior and absences without justiﬁable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled: Provided, That the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian members: Provided, further, That a member convicted by ﬁnal judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and
        
        Such other rules as the sanggunian may adopt
        
        Requirement of Adoption of Internal Rules - On the ﬁrst regular session the sanggunian concerned shall adopt or update its existing rules of procedure. LGC, Sec. 50 does not mandate that no other business may be transacted on the ﬁrst regular session (Malonzo v. Zamora)
        
        It simply requires that the matter of adopting or updating the internal rules of procedure be taken up during the first day of session.
        
        Role of Presiding Officer - Shall vote only to break a tie.
        
        Absence of Presiding Officer (b) - In the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided.
        
        Presiding Officers -
        
        Sangguniang Panlalawigan Vice-Governor
        
        Sangguniang Panlungsod Vice-Mayor
        
        Sangguniang Bayan Vice-Mayor
        
        Sangguniang Barangay Punong Barangay
      - Veto and Review – Sec. 55-59
        
        Local Initiative and Referendum – LGC, Sec. 120-127
        
        Local Initiative (120) - Legal process whereby the registered voters of an LGU may directly propose, enact, or amend an ordinance.
        
        Initiative has been described as an instrument of direct democracy whereby the citizens directly propose and legislate laws as it is the citizens themselves who legislate the laws, direct legislation through initiative (along with referendum) is considered as an exercise of original legislative power, as opposed to that of derivative legislative power which has been delegated by the sovereign people to legislative bodies such as the congress (Marmeto v. COMELEC)
        
        Constitutional Basis - The Congress shall enact a Local Government Code which shall provide for a more responsible and accountable local government structure instituted through a system of decentralization with effective mechanism of recall, initiative, and referendum [Sec 3, Art X, 1987 Constitution]
        
        Subjects of Initiative - Both ordinances and resolutions are the proper subject of local initiative.
        
        Sec. 124 of the LGC clearly does not limit the application of local initiatives to ordinances, but to all “subjects or matters which are within the legal powers of the Sanggunians to enact,” which undoubtedly includes resolutions. This interpretation is supported by section 125 of the same Code (Garcia v. COMELEC)
        
        By Whom Exercised - All registered voters of the provinces, cities, municipalities and barangays [Sec 121, LGC]
        
        Effectivity - 15 days after Certiﬁcation by the COMELEC that the proposition is approved by a majority of the votes cast [Sec 123, LGC]
        
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        Referendum (126-127) - The legal process whereby the registered voters of the local government unit may approve, amend, or reject any ordinance enacted by the Sanggunian. [Sec 126, LGC]
        
        Court Authority to Review (127) - othing in this Chapter shall prevent or preclude the proper courts from declaring null and void any proposition approved pursuant to this Chapter for violation of the Constitution or want of capacity of the sanggunian concerned to enact the said measure.
        
        COMELEC power to review - COMELEC exercises administration and supervision over the process of initiative and referendum. It has the power to:
        
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        Power of Courts to Nullify Proposition - The power of the courts to nullify propositions for being ultra vires extends only to those already approved, i.e. those which have been approved by a majority of the votes cast in the initiative election called for the purpose. In other words, the courts can review the terms only of an approved ordinance (Marmeto v. COMELEC)
        
        Procedure - In a local referendum the lawmaking body submits to voters of its territorial jurisdiction any duly enacted ordinance or resolution for their approval or rejection.
        
        It shall be held under the direction of COMELEC within 60 days in case of provinces and cities, 45 days in case of municipalities and 30 days in case of barangays [Sec 126, LGC]
        
        Veto Power - The local chief executive may veto the ordinance, stating his reasons in writing. The local chief executive may veto an ordinance or resolution only once [Sec 55(a), (c), LGC]
        
        Overriding Veto - The Sanggunian may override the veto by a 2/3 vote of all its members, making the ordinance or resolution effective.
        
        Nature of Veto Power - The veto power is not a simple act of signing an ordinance to make it enforceable, but it gives the local chief executive the decision to sustain an ordinance in the ﬁrst instance or to veto it and return it with his objections.
        
        Grounds for Veto - ordinances and resolutions may be disapproved when they are:
        
        Ultra vires; or
        
        Prejudicial to public welfare [Sec. 55(a), LGC]
        
        Period for Objection - The ordinance is returned with objections to the Sanggunian within 15 days in the case of Sangguniang Panlalawigan, or within 10 days in the case of Sangguniang Panlungsod/Bayan; otherwise, the ordinance shall be deemed approved [Sec. 54, LGC].
        
        Item Vetos - The local chief executive, except the punong barangay, shall have the power to veto any particular item or items of an:
        
        Appropriations ordinance; or
        
        Ordinance or resolution adopting the local development plan or public investment program; or
        
        Ordinance directing the payment of money or creating liability
        
        Effect of Item Veto - In case of an item veto, the veto shall not affect the items not objected to. If the veto is not overridden, the items in the appropriations ordinance of the previous year corresponding to those vetoed shall be deemed re-enacted [Sec. 55(b), LGC].
        
        Veto for Barangays - There is no veto for barangays. The veto power cannot be exercised by the punong barangay (since he is a member of the sangguniang barangay). The punong barangay signs the ordinances enacted by the sangguniang barangay upon their approval [Sec 54(c), LGC]
        
        Barangay Ordinance - (c) Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of all its members, be signed by the punong barangay.
        
        Review (56-59)
        
        Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. (56) -
        
        What Reviewed -
        
        Ordinances
        
        Resolutions
        
        By Whom Reviewed - Sangguniang Panlalawigan
        
        When - Within 3 days from approval, forwarded by Sec. of:
        
        Sangguniang Bayan
        
        Panlungsod
        
        How Reviewed - examine the documents or transmit them first to the Provincial Attorney (if none, to Provincial Prosecutor) for comments and recommendations
        
        Grounds - If beyond the power conferred upon
        the Sanggunian concerned (Either ultra vires or prejudicial to public welfare)
        
        Effect if Grounds are Present - Reviewing sanggunian shall declare such ordinance or resolution invalid in whole or in part
        
        Applicable Period for Review -
        
        30 days;
        
        if no action after 30 days,
        presumed consistent with law and
        valid
        
        Review of Sangguniang Barangay (57) -
        
        What Reviewed - All barangay ordinances
        
        By Whom Reviewed -
        
        Sangguniang Panlungsod or
        
        Sangguniang Bayan
        
        When - Within 10, days from approval forwarded by the SBarangay
        
        How Reviewed - The sanggunian concerned shall examine the ordinance
        
        Grounds - Whether consistent with law and the
        city and municipal ordinances (SB is presumed to be acting for local concerns, different standard of review)
        
        Effect if Grounds are Present - Reviewing sanggunian shall return the ordinance with its comments for adjustment, amendment, or modification, in which case, the effectivity of the barangay ordinance is suspended
        
        Applicable Period for Review -
        
        30 days;
        
        if no action after 30 days, presumed consistent with law and valid
        
        Supervisory Function of Sangguniang Panlalawigan - Supervisory function of the SP over the enactment of municipal resolutions by the sangguniang bayan and sangguniang panlungsod is limited only to those relating to local development plans and public investment programs formulated by the local development councils (Civil Service Commission v. Unda)
        
        Enforcement of Disapproved Ordinances or Resolutions (58) - Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof,
        
        Shall be sufﬁcient ground for the suspension or dismissal of the ofﬁcial or employee concerned.
        
        Effectivity of Ordinances or Resolutions (59) - Applies to both:
        
        Ordinances and;
        
        Resolutions approving the local government plan and public investment programs.
        
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        XCPN - Punong Barangay, who is a member of the Sangguniang Barangay has no veto power.
    - - Rationale - To maintain party representation as willed by the people in the election (Navarro v. CA)
      - Where Automatic Succession Inapplicable - Filled by apppointment by:
        
        The President, through the Executive Secretary, in the case of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities;
        
        The governor, in the case of the sangguniang panlungsod of component cities and the sangguniang bayan;
        
        The city or municipal mayor, in the case of sangguniang barangay, upon recommendation of the sangguniang barangay concerned.
      - Vacancies in the Sangguniang Kabataan - Vacancy automatically filled by the officla next in rank of the organization concerned.
        
        Last Vacancy - Vacancy created by the elevation of the member formerly occupying the next higher in rank, which in turn also had become vacant by any of the causes already mentioned.
        
        Effect of Absence of Political Parties - If there is no political party, the local chief executive shall, upon recommendation of the sanggunian concerned, appoint a qualiﬁed person to ﬁll the vacancy. [Sec 45(c), LGC]
        
        Scope of Power - the appointing authority’s choice is not limited to those recommended to him by the sanggunian concerned. The power of appointment is a discretionary power. On the other hand, neither is the appointing authority vested with so large a discretion that he can disregard the recommendation of the sanggunian concerned. (Farinas v. Barba)
        
        Vacancy of Last Sangguniang Member - Rule is person who caused vacancy, nominee from that political party. Q. is same rule applies to last vacancy.
        
        Sir - same rule should apply, next sangguniang member should be coming from the political party of the last sangguniang member and not the party of the first person.
        
        A - B - C - D - E - F
        
        Where A and F different parties
        
        F is filled by poltiical party of F
        
        Nomination and Certificaiton - Appointment without nomination and certiﬁcation Such is null and void ab initio and is a ground for administrative action against the responsible ofﬁcial [Sec 45(b) LGC]
        
        Requisite of Recommendation - Where the member does not come from a political party, the recommendation from the Sanggunian is also a conditio sine qua non for the appointment of the validity, since the recommendation takes the place of nomination by political party (Farinas v. Barba)
        
        Determination of Ranking -
        Ranking is determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election [Sec 44(d), LGC]
  - - - Term of Office -
        
        (a) The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992.
        
        (b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.
    - - SECTION 1. Conferment of Civil Service Eligibility. –
        An eligibility equivalent to a Career Service Professional Eligibility is hereby conferred upon a member of the Sangguniang Bayan, the Sangguniang Panlungsod and the Sangguniang Panlalawigan who has served for an aggregate period of nine (9) years in office:
        Provided, That such member must be a holder of a bachelor’s degree.
        A member who has served for an aggregate period of six (6) years shah be granted an eligibility equivalent to a Career Service Sub-Professional Eligibility:
        Provided, That such member shall have at least earned seventy-two (72) units in any baccalaureate degree program:
        Provided, finally, That the eligibility granted under this section shall be considered appropriate for second and first level positions in the career service respectively,
        except those which require qualifications in skills or trade test and/or requiring board examinations and other special eligibilities provided under special laws.