Ordinance at the Provincial Level

(As per stated in the Local Government Code of 1991 RA No. 7160)

Definition of Ordinance
- An ordinance is the name typically used for a law passed by a local political
subdivision, such as a city, county, village, or town. Ordinances may address a wide
variety of local issues, from local government structure to speed limits and sign sizes.
The process for passing an ordinance is determined by the laws of each individual state,
though there are many similarities between states.

• The powers, duties, and functions of the Sanggunian are outlined in Section 468 of the
Local Government Code of 1991 (RA No. 7160).
• In Section 48 of the Local Government Code of 1991, it is stated that the local
legislative power shall be exercised by the Sangguniang Panlalawigan for the
province. It shall be presided by the vice-governor. The presiding officer shall vote only
to break a tie.
• (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.
• Every ordinance enacted by the Sangguniang Panlalawigan shall be presented to the
provincial governor, as the case may be. If the local chief executive concerned approves
the same, he shall affix his signature on each and every page thereof; otherwise, he shall
veto it and return the same with his objections to the Sanggunian, which may proceed
to reconsider the same. (Section 54)
• (a) The local chief executive may veto any ordinance of the Sangguniang Panlalawigan
on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons
therefor in writing. (Section 55)
• (c) The local chief executive may veto an ordinance or resolution only once. The
Sanggunian may override the veto of the local chief executive concerned by two-thirds
(2/3) vote of all its members, thereby making the ordinance effective even without the
approval of the local chief executive concerned. (Section 55)
SECTION 58. Enforcement of Disapproved ordinances or Resolutions. - 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.

SECTION 59. Effectivity of Ordinances or Resolutions.

(a) Unless otherwise stated in the ordinance or the resolution approving the local development
plan and public investment program, the same shall take effect after ten (10) days from the date
a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city,
municipal, or Barangay hall, as the case may be, and in at least two (2) other conspicuous places
in the local government unit concerned.

(b) The secretary to the Sanggunian concerned shall cause the posting of an ordinance or
resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal,
or Barangay hall in at least two (2) conspicuous places in the local government unit concerned
not later than five (5) days after approval thereof.
The text of the ordinance or resolution shall be disseminated and posted in Filipino or English
and in the language or dialect understood by the majority of the people in the local government
unit concerned, and the secretary to the Sanggunian shall record such fact in a book kept for
the purpose, stating the dates of approval and posting.
(c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general
circulation within the province where the local legislative body concerned belongs. In the
absence of any newspaper of general circulation within the province, posting of such
ordinances shall be made in all municipalities and cities of the province where the Sanggunian
of origin is situated.
(d) In the case of highly urbanized cities, the main features of the ordinance or resolution duly
enacted or adopted shall, in addition to being posted, be published once in a local newspaper
of general circulation within the city: Provided, that in the absence thereof the ordinance or
resolution shall be published in any newspaper of general circulation.
 Chapter III
Officials and Offices Common to All Provinces

Article III
The Sangguniang Panlalawigan
Section 467. Composition.

(a) The sangguniang panlalawigan, the legislative body of the province, shall be composed of
the provincial vice-governor as presiding officer, the regular sanggunian members, the
president of the provincial chapter of the liga ng mga barangay, the president of the
panlalawigang pederasyon ng mga sangguniang kabataan, the president of the provincial
federation of sanggunian members of municipalities and component cities and the sectoral
representatives, as members.

Section 468. Powers, Duties, Functions and Compensation.

(a) The sangguniang panlalawigan, as the legislative body of the province, shall enact
ordinances, approve resolutions and appropriate funds for the general welfare of the province
and its inhabitants pursuant to Section 16 of this Code in the proper exercise of the corporate
powers of the province as provided for under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective provincial
government and, in this connection, shall:
(i) Review all ordinances approved by the sangguniang of component cities and municipalities
and executive orders issued by the mayors of said component units to determine whether these
are within the scope of the prescribed powers of the sanggunian and of the mayor;
(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness,
disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said
ordinances;
(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or
imprisonment not exceeding one (1) year, or both in the discretion of the court, for the violation
of a provincial ordinance;
(iv) Adopt measures to protect the inhabitants of the province from harmful effects of man-
made or natural disasters and calamities, and to provide relief services and assistance for
victims during and in the aftermath of said disasters and calamities and their return to
productive livelihood following said events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for
habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and
maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent
devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and other activities inimical to the welfare and morals
of the inhabitants of the province;
(vi) Protect the environment and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal logging
and smuggling of logs, smuggling of natural resources products and of endangered species of
flora and fauna, slash and burn farming, and such other activities which result in pollution
acceleration of eutrophication of rivers and lakes, or of ecological imbalance;
"Approve ordinances which shall ensure the efficient and effective delivery of basic services
and facilities" and, in addition to the services and facilities outlined in Section 17 of the Local
Government Code, also:

• Adopt measures and safeguards against pollution and for the preservation of the natural
ecosystem in the province, in consonance with approved standards on human
settlements and environmental sanitation
• Subject to applicable laws, facilitate or provide for the establishment and maintenance
of waterworks system or district waterworks for supplying water to inhabitants of
component cities and municipalities
• Provide for the establishment and operation of vocational and technical schools and
similar post-secondary institutions; and, with the approval of the Department of
Education and subject to existing laws on tuition fees, fix reasonable tuition fees and
other school charges in educational institutions supported by the provincial government
• Establish a scholarship fund for the poor but deserving students in schools located
within its jurisdiction or for students residing within the province
• Approve measures and adopt quarantine regulations to prevent the introduction and
spread of diseases within its territorial jurisdiction
• Provide for the care of "needy and disadvantaged persons, particularly children and
youth below eighteen (18) years of age"
• Establish and support the operation of centers and facilities for them and facilitate
efforts to promote the welfare of families below the poverty threshold, the
disadvantaged, and the exploited

Cited sources:

https://www.officialgazette.gov.ph/downloads/1991/10oct/19911010-RA-7160-CCA.pdf
https://www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
https://www.slideshare.net/jobitonio/local-legislative-process
http://www.statescape.com/resources/local/ordinance-
process/#:~:text=An%20ordinance%20is%20the%20name,speed%20limits%20and%20sign
%20sizes.
NOREEN JEANNE P. RESPICIO BA Political Science 2
Public Policy and Program Administration 6728