Modified Module For Public Policy and Program Administration
Modified Module For Public Policy and Program Administration
A MODULAR APPROACH ON
The module builds on the insights and lessons learned from the LGSP initiative in 2002;
the Enhancing LGU Effectiveness in Local Legislation and Policy Formulation Project, which
was conceptualized to focus on the development of a needs-based and participatory Legislative
Agenda (LA) needed to support the local development priorities defined in the Executive
Agenda (EA) of the Local Government Unit.
LGSP has revisited the LA process and EA process. For this purpose, the toolkit is
distributed with the Manual and Facilitator’s Guide to Formulating an Executive-Legislative
Agenda for Local Governance and Development.
The module presents the significant outputs of LGSP sanggunian partners, which include
the legislative agenda, enhanced internal rules of procedure, codes of ordinances (code of general
ordinances, administrative code, environment code, gender and development code), and creation
of the Local Legislative-Executive Development Coordinating Advisory Council (LLEDAC). It
contains templates, checklists, and process guides to simplify and simplify for local legislative
bodies to perform their legislative tasks, from organizing the sanggunian to work as a team to
involving citizens in legislative decision-making.
It is hoped that the module will contribute to the formulation and enactment of legislative
measures that translate local development goals and priorities into responsive and meaningful
development and the improved quality of lives of our local communities.
OVERVIEW
The Public Policy and Program Administration module “breaks down” local legislation
as a complex process into specific, result-oriented tasks and offers tools to show how particular
tasks may be done and how outputs may be standardized as appropriate, e.g., form and style of
an ordinance. It contains templates, outlines, process guides, checklists, and flowcharts. These
are simple, generic guides that can be easily adapted for use by local legislators in performing
tasks necessary in local legislation. These include preparing a legislative agenda, drafting an
ordinance, codifying ordinances, conducting a committee hearing, documenting legislative
activities, problem-solving, and evaluating the implementation of ordinances, among others.
1
The module is organized into six major chapters. Chapter I, “Introduction,” defined the
meaning of Policy and Public Policy. In addition, it draws out the major agency of the
government involved in the process and its policy cycle.
Chapter 3, “Getting the Sanggunian Ready to Work,” deals with the importance of
setting up an efficient institution as a basic requirement of effective local legislation. It offers
tools for getting individual legislators together to act as one collegial body agreeing on roles and
work norms and for setting up appropriate organizational structures, committees, internal rules of
procedures, systems, and mechanisms for supporting its work and relations with the executive
branch, e.g., Local Legislative-Executive Development Advisory Council.
Finally, Chapter 6, “Assessing the Work of the Sanggunian,” shares tools that a
sanggunian may use to assess its overall performance as an institution. Based on these findings,
they define benchmarks for effective local legislation.
INSTRUCTION TO THE USER
The tools in this module are intended to be used as aids or guides, not as models, for
doing specific legislative tasks. They may be used with available textbooks and handbooks on
local legislation that provide a detailed discussion of concepts, principles, and approaches
relevant to local legislation. For instance, in developing a legislative agenda as a specific
legislative task, the sanggunian may use the manual and facilitator’s guide on How to Formulate
an Executive-Legislative Agenda for Local Governance and Development, which is also
published by LGSP and the Local Government Academy (LGA). Likewise, in formulating its
internal rules of procedure, particularly on the use of parliamentary motions, the sanggunian may
want to consult local resources on parliamentary procedure.
The module will be provided to the student in electronic or printed form to make it easy
for users to adapt, modify, update, and supplement. Each section is designed to be stand-alone,
pull-out reference material containing the description of the task and the tools needed to do it.
OBJECTIVES
What is Policy?
Public policy is a system of courses of action, regulatory measures, laws, and funding
priorities concerning a given topic promulgated by a government entity or its representatives.
Public policy can address numerous issues, including crime, education, foreign policy, health,
and social welfare. Public policy is, in fact, the product of a public policy-making process.
According to Sabatier (1999), the “public policy-making process includes how problems
get conceptualized and brought to the government for a solution; governmental institutions
formulate alternatives and select policy solutions; and those solutions get implemented,
evaluated and revised.” Establishing a public policy-making process is indispensable, yet it may
vary from country to country.
From this perspective, several institutional built–in systems for policymaking have been
identified. These are functioning within the government structure to cover specific policies and
agendas, examples of which are: the National Economic Development Authority (NEDA) for
socio–economic policies; the National Security Council (NSC) for national security and defense
concerns; the Legislative Executive Development Advisory Council (LEDAC) for general
legislative agendas; and even local agencies like Metro Manila Development Authority
(MMDA) for concerns affecting basic services within Metro Manila. While the last three
agencies mentioned perform certain policy process stages, none have a more defined and
extensive mandate and a more permanent structure than the NEDA. Hence, the NEDA will be
used as the analysis unit to illustrate the country's executive branch policy process.
The NEDA is the highest policymaking body responsible for all aspects of development
programs. The President heads the NEDA Board with selected Cabinet secretaries and other
executive staff officers as members. On the other hand, the NEDA Secretariat is the research
arm of the NEDA Board. It provides technical support in policy development, formulation,
implementation, and evaluation. The NEDA Director–General heads the Secretariat and is also
the socio–Economic Planning Secretary as per E.O 230.
Public Policy is a system of courses of action, regulatory measures, laws, and funding
priorities concerning a given topic promulgated by a governmental entity or its representatives.
Commonly embodied in constitutions, legislative acts, and judicial decisions; may also be
created by an executive order, bureaucratic regulation, or provincial, city, municipal, or barangay
ordinance.
The agenda is normally set after evaluating certain indicators and statistics fed by other
government agencies such as the Philippine Statistic Authority (PSA), formerly the National
Statistics Office (NSO), the National Statistics and Coordination Board (NSCB), Population
Commission (POPCOM), Philippine Institute for Development Studies (PIDS) and all the other
departments. This agenda would take into consideration (a) the actual performance during the
preceding year, (b) new developments and emerging issues in the local and international
economies, and (c) shifts in the policy emphasis of the administration.
- Economic Models;
- Input – Output analysis;
- Accounting Frameworks; and
- Project Evaluation and Prioritization Techniques.
These tools have significantly increased NEDA's policy analysis and forecasting
capabilities. In short, as designed, policy research and analysis are the foundations of the policy
formulation processes. The policy issues covered by the NEDA are:
- Social Development
- Investment
- Infrastructure development
- Trade and tariff matters
- Generation and use of official external assistance
After the tedious process of policy formulation comes the legitimation stage. This comes
from the Medium–Term Philippine Development Plan (MTPDP), usually promulgated with the
president's first State of the Nation Address (SONA). The MTPDP encapsulates the bulk of the
new policy directions of the Administrations. It practically covers the whole range of national
policy issues, namely:
- Macroeconomic Policies;
- Poverty Alleviation;
- Information and Communications Technology (ICT)
- Tourism;
- Infrastructure Development;
- Agriculture;
- Agrarian Reform;
- Environment;
- Education;
- Health Care;
- Housing;
- Peace and Order; and
- Foreign Policies
Benchmarks and standards are stated in the MTPDP and SONA as tangible targets to be
achieved and as measures of the administration’s success or failure.
Finally, the NEDA has set up periodic feedback and monitoring mechanisms through its
attached agencies for the careful evaluation of the program implementation and economic
performance, which would become essential inputs to cover policy gaps and the improvements
of the policy for the next policy cycle.
Policy Cycle
Firstly, the board conducts a performance review of the prior year, considers emerging
issues and concerns locally and internationally, and also considers any shift in the policy agenda
of the present administration.
Secondly, the board formulates policies on education, health & nutrition, social welfare,
housing, investment, infrastructure development, etc. The process also includes determining and
reviewing the corresponding budget by the Department of Budget and Management. The output
is the proposed National Budget, submitted to Congress for deliberation.
Thirdly, the Lower House (House of Congress) deliberates on the proposed National
Budget in three (3) readings. Once done, they submit the proposed National Budget to the Upper
House (Senate) for deliberation, resulting in three (3) readings. After which and once signed by
both houses, the proposed National Budget is forwarded to the Office of the President for
approval. It becomes a law when the President signs it or fails to act on it within 30 days of
receipt. However, if the President vetoes the proposed budget in whole or in part, the same shall
be given back to both houses for reconsideration. However, the President's veto power may be
overridden by at least a two-thirds vote in both houses; otherwise, the President's proposed
changes will be effective. The passage of a bill for specific policies or programs follows the
same process. Proposed policies or programs by the legislative branch emanate from the
executive branch. Fourthly, the implementation of the aforecited policies and programs is
delegated to the different concerned departments of the government the Department of Education
(DepED), Department of Health (DOH), Department of Tourism (DOT), Department of Public
Works and Highways (DPWH), Department of Agrarian Reform (DAR), Department of
Agriculture (DA), National Housing Authority (NHA), Philippine National Police (PNP), etc.
Finally, the NEDA Board coordinates closely with the implementing departments to get
feedback as the basis for evaluating the present programs and as a reference for improvement for
the next policy cycle.
The judiciary's role in the policy-making or legislation process is the interpretation of the
legality or validity of the same. Their role is more of an indirect function. They may not be a
direct participant in the process. Still, the knowledge of their presence and role as interpreters
would somehow remind, frame, and guard the legislators (legislative) and implementers
(executive) to do their part well. Of course, their direct function as interpreters is called for when
issues, disagreements, or conflicts arise from implementing laws, policies, or programs.
CHAPTER 2
UNDERSTANDING EFFECTIVE LOCAL LEGISLATION
The first requirement of becoming an effective local legislator is understanding the job.
What does local legislation mean? How can it be used to attain development for the people in the
local government unit?
This section provides concepts and tools to help local legislators develop a perspective
for understanding the following:
Meaning and Importance of Local Legislation
Framework for Effective Local Legislation
Development Issues for Local Legislation
Local legislation refers to the power of a local legislative body to make rules in the form
of ordinances and resolutions of local application that have the force and effect of law.
Ordinance
Resolution
A resolution is a mere expression of the opinion or sentiment of the local legislative body
on matters relating to the proprietary function and private concerns. It is temporary.
Many ordinances are enacted based on the legislative body’s reaction to a problem that
has already arisen. This type of legislation is valid but often has a short-term effect in addressing
a problem. Local legislation can be more responsive if it addresses or predicts what citizens need
to have a better quality of life, even before the citizens bring them to the attention of legislators.
Further, local legislation can be effective if it addresses long-term, strategic needs that can
contribute to the attainment of the vision of the LGU for its citizens.
Local legislation is a tool for operationalizing Section 16 of the 1991 Local Government
Code (LGC) or the General Welfare Clause, which covers the following aspects:
Legislative authority at the local level is vested in the sanggunian or the local legislative
body. The sanggunian is a collegial body composed of individuals elected to represent the
people’s interests. It has the power to enact ordinances, approve resolutions, and appropriate
funds for the welfare of the LGU and its inhabitants.
The 1991 Local Government Code vests legislative power to the sanggunian at different
levels of local government:
1. institutional efficiency
2. local legislation cycles or process
3. development
Institutional Efficiency
The sanggunian is a public institution. Like any other organization, it must have efficient
structures and systems. It must have people who can do their jobs well because they know their
roles and functions. An efficient legislative organization must have the following:
organizational structure
rules of procedure
legislative leadership
legislative committees
legislative support system, and
the mechanism for legislative-executive coordination
The presence of adequate and functioning structures and systems makes the legislation
process or cycle efficient and open to participation from stakeholders outside the legislative
organization. For instance, ordinances cannot be enacted without rules of procedure; or NGOs
cannot enhance the substance of draft ordinances without sanggunian committees to get their
views and perspectives.
* The Executive-Legislative Agenda (ELA) is an integrated plan containing the executive and
legislative branches' major development thrusts and priorities toward a common local vision. The
ELA serves as a basis for identifying the legislative measures needed to implement LGU
development priorities or what is referred to as the Legislative Agenda (LA). Thus the initial
steps of the LA process may be undertaken as a joint activity with the ELA team or as a distinct
but parallel activity to the ELA process. In either case, the ELA and LA process converges at the
point where legislative requirements are identified to ensure support for implementing LGU
priorities. See also LGSP, How to Formulate an Executive and Legislative Agenda for Local
Governance and Development: A Manual, 2004 (Cited from hereon as the ELA Manual).
As an institution tasked to carry out a public mandate, the sanggunian must clearly
understand the vision and mission of the LGU unit to which it belongs. Its work must also be
guided by a clear process that defines the role of different stakeholders in each stage or phase.
At each phase, various stakeholders in the LGU interact with the sanggunian to ensure
that the measures produced address the development objectives of the LGU.
The legislation does not begin with the first reading of a proposed measure. Legislation
begins much earlier, with the formulation of a list of priority legislative measures that the
sanggunian seeks to enact for the duration of its term or a legislative agenda.
With the ELA as a basis, the LA can be used to focus the work of the sanggunian during
its term of office. It can serve as a road map to guide the sanggunian in identifying, analyzing,
and formulating solutions to problems and issues requiring public policy action. Viewed in the
context of legislative agenda formulation, local legislation becomes both predictive and strategic.
Phase 2. Crafting of Ordinances and Resolutions
The second stage is the crafting of ordinances and resolutions. This involves two major
steps:
The work of the sanggunian does not end with enacting a law. The sanggunian must
determine if the ordinances it enacted are implemented and how the executive branch
implements them. The evaluation process seeks to determine if legislative intent is carried out
and whether funds used to implement government programs are not wasted. This function of
local legislative bodies is called legislative oversight.
Recommendations from the evaluation feedback into the first stage of the legislation
cycle become an additional agenda or part of the legislative agenda of a new set of legislators.
The cycle continues with crafting new ordinances, their enactment, and evaluation.
Development
Local legislation is considered an effective tool for good governance and results in
ordinances and resolutions that enable citizens to achieve a better life or development. Local
legislation is effective if it contributes to the attainment of the community’s shared vision and
results in poverty reduction, gender equality, environmental protection, peace and unity,
accountability and transparency of local officials, and active participation of citizens in social,
economic, and political transformation.
To assist LGUs in mainstreaming development issues in the local governance work, the
LGSP has developed a Toolkit for Mainstreaming Cross-cutting Themes available from their
website: http://www.lgsp.org.ph.
Poverty reduction
Poverty reduction is essentially about reducing the number of persons living in poverty.
Persons living in poverty are those unable to meet their basic needs to attain a decent life. They
are deprived of a long and healthy life, knowledge acquisition, and access to resources for a
decent standard of living.
Local legislation can reduce poverty if it improves the ability of citizens to purchase
goods and services, produce these goods and services, or avail of them from government or
nongovernmental organizations. By improving this ability, citizens can have a long and healthy
life and gain knowledge, access, and opportunities to resources for a decent standard of living.
More specifically, local legislation can address poverty by enacting ordinances that authorize
targeted programs addressing issues relating to 1) limited access to basic social services such as
basic education, primary health, nutrition, water and sanitation, and shelter, and 2) low income
and employment.
To further guide LGUs in sharpening the focus of local plans and legislation, the National
Anti-Poverty Commission and other government agencies have developed tools and the
Guidebook on Poverty Diagnosis and Planning, which can be accessed through the DILG.
Gender equality
economic, social, and political rights, e.g., to own land and property, to manage a
business, to exercise reproductive rights;
control over productive and financial resources, e.g., education, training opportunities,
land; and
the voice or power to influence how resources, e.g., funds and investments, in the home,
the community, and the country are allocated and used.
Local legislation promotes gender equality if local laws and guidelines ensure that the
needs of women, men, and other subgroups are considered and addressed. These interests and
needs often differ, requiring different approaches and services. Gender concerns must be
mainstreamed or considered in various government activities— planning, budgeting, legislation,
and service delivery - to attain development. For instance, women generally play the leading role
in household management, often securing basic services such as health services and water,
among others, for the family. In formulating an ordinance increasing the appropriations for
health services, women’s special needs, including their reproductive roles, should be considered.
They should be given easy and timely access and adequate information to all types of services to
enable them to exercise their reproductive rights freely. Legislators must be able to ensure that
adequate funds are allocated for reproductive health services and that these services equally
benefit both women and men.
Local legislation can promote gender equality and development by providing the policy
framework to guide all the planning and policymaking efforts of the LGU in ensuring that
women, men, and other discriminated subgroups equally contribute to and benefit from the fruits
of development. This policy framework and rights-based approach may be embodied in a Gender
and Development Code.
To further assist LGUs in mainstreaming gender concerns in LGU plans, programs, and
policies, the National Commission on the Role of Filipino Women (NCFRW) developed tools
and guidebooks available from their website: http://www.ncrfw.gov.ph.
NCRFW and partner government agencies published the following resources to help
LGUs build capacities to mainstream gender and development:
Moving Forward with GAD, A Handbook on Gender and Development for the
Sanggunian Committee on Women and Family
Genderand Development: Making the Bureaucracy Gender-Responsive:A
Sourcebook for Advocates, Planners and Implementors, 1994.
Toward a Gender-Responsive Legislation, Volume 1, Basic Concepts and Volume 2,
Basic Application, 1999.
GAD Planning and Budgeting, 2003.
Environmental protection
Development can be sustained if the resources in our environment are managed well so
that future generations can also benefit from them. Local legislation plays a key role in
environmental protection as it lays the legal and policy framework for the management and
protection of environmental resources through policies, plans, and programs on land use, forest
resources, solid waste management, water management, marine resource management, and
community participation in protecting the environment, among others. Existing national
mandates such as the Philippine Agenda 21, the country’s blueprint for sustainable development,
are best pursued by issuing parallel local policies and ordinances and supporting plans and
programs consistent with the LGUs’ mandate to enhance the people's right to a balanced
ecology.
Violent conflict interferes with how local government can “function” and deliver basic
services to its citizens. Local governments must be able to build and support the ability of people
and organizations to pursue and enjoy peace.
Legislation plays a critical role in the pursuit of peace and unity. It creates the necessary
rules to guide government agencies in delivering basic services and promoting community
participation to ensure all citizens can access these services. Viewed this way, local legislation
promotes peace when people in the LGU feel safe and secure in their communities, without fear
of having their access to and rights to adequate water, food, shelter, and housing threatened, and
when respect for difference and diversity of cultures is promoted.
Local legislation also promotes unity when people in the LGU from diverse backgrounds
see that their active participation in decision-making processes results in improvements and
creates harmony in their lives. For instance, there is unity when LGU members cooperate and
form linkages and productive relationships in implementing programs like delivering health
services, clean water, and waste management.
To further assist LGUs in promoting peace and unity, the LGSP has published the
Resource Kit on the Culture of Peace and Peace and Conflict Impact Assessment, available from
their website: http://www.lgsp.org.ph.
Legislators hold public office and, as public officers, must always be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives.
Local legislation promotes accountability and transparency among LGU officials if it:
Citizen participation
Legislation is about promoting the well-being of citizens. But it is the collective action of
citizens that can secure well-being. Legislation should thus involve the participation of citizens,
citizens’ groups, nongovernmental organizations, peoples’ organizations, business groups, or
civil society. Local legislative bodies must be able to engage civil society proactively to ensure
that their legislative actions result in meaningful development. By involving civil society in
legislation, broader ownership is built, essential in securing support for successfully
implementing or enforcing local laws.
CHAPTER 3
GETTING THE SANGGUNIAN READY
Who will do what, when, and how? This question concerns getting the sanggunian
organized and ready to work as a team. As an institution where decisions are made collectively,
the sanggunian needs to be organized efficiently with clear roles, functions, structures, systems,
and procedures. These organizational elements are necessary for helping the sanggunian manage
relations among members and staff and with the LCE and the constituents.
This section provides tools to get the sanggunian organized and ready to work as a team
undertaking the following tasks:
Answering three basic questions will get local legislators started in their work in the
sanggunian:
What is a legislator?
What are the roles of a local legislator?
What are the powers, duties, and responsibilities of the sanggunian?
What does it mean to make laws? The power to make laws or legislative power means
three things: political power, police power, and taxing power.
Political power is the power to enact laws for the local government's establishment,
organization, and operation.
Police power is the essence of what government does; it is the power to enact laws to
promote peace, health, safety, and welfare.
Taxing power is the duty to levy and collect taxes to raise revenue for government
operations, including local government officials and personnel salaries.
However, the local legislator is more than a lawmaker. They “wear many hats” or, in
other words, are expected to perform various roles in the community – as a leader, overseer,
facilitator, and institution builder, among others.
The following tools help understand the individual roles and collective responsibilities of
local legislators:
“I ran for public office so I can serve the people.” This common statement among elected
public officials means little unless “serving the people” is translated into specific, observable
actions and behaviors. This self-analysis checklist can help local legislators understand
themselves and how they want to be perceived as individual members of the sanggunian.
1. I like to determine strategies to guide present and future actions to benefit my local
government unit.
2. I like to generate political support for policies and proposals deemed beneficial to my
constituents.
3. I like to choose among policy alternatives that will benefit my constituents most.
4. I like to foster collective effort, manage interpersonal and intergroup conflict in the
sanggunian, and ensure that committee meetings are productive.
5. I like to make things possible, practical, and easier for others to perform their roles and
responsibilities.
6. I like to help others reach an agreeable solution when they have differing interests and
needs.
7. I like to initiate and mobilize constituents in solving problems and undertaking
community development activities and projects.
8. I like to generate and allocate revenue to benefit my constituents’ collective welfare and
development.
9. I like to monitor that whatever is spent in the local government is consistent with the
purpose for which they have been allocated.
10. I like to use my authority or position as a public official to benefit the LGU.
11. I like to ensure the continuity of work in the sanggunian despite changes in leadership
due to elections and ensure the sanggunian staff has adequate capacities to provide the
technical support needed in legislative work.
12. I like to enhance my constituents' knowledge, skills, and orientations for performing
community problem-solving and community development activities and projects.
13. I like to review my local government unit's performance, identify strengths and
weaknesses, and propose reforms and improvements.
14. I like to engender satisfaction among constituents and be willing to listen to their
problems and concerns through face-to-face meetings and other consultative mechanisms.
15. I am committed to working on a broad, long-term action program with other sanggunian
legislators.
16. I like to be viewed as an asset to the government and the community and a model to the
rest of the citizenry.
17. I like to engage in political discussion and negotiate with other politicians to settle
conflicts and reach a consensus on policy decisions if necessary.
A local legislator is expected to perform multiple roles. These roles describe the desired
values and skills of a local legislator.
1. Policy Maker – the extent to which the legislator determines strategies to guide present
and future actions to benefit the LGU.
2. Policy Advocate – the extent to which the legislator can generate political support for
policies and proposals deemed beneficial to constituents.
3. Decision Maker – the extent to which the legislator can choose among policy alternatives
that will benefit constituents most.
4. Facilitator – the extent to which the legislator fosters collective effort, helps solve
problems, ensures that committee meetings are productive, and manages interpersonal
and intergroup conflict.
5. Enabler – the extent to which the legislator can make things possible, practical, and easier
for others to perform their roles and responsibilities.
6. Negotiator - the extent to which the legislator helps others reach an agreeable solution
when they have differing interests and needs.
7. Leader – the extent to which the legislator initiates and mobilizes constituents in solving
problems and undertaking community development activities and projects.
8. Resource Mobilizer – the extent to which the legislator undertakes the task of revenue
generation and allocation and legitimizes spending for their constituents’ collective
welfare and development.
9. Overseer - the extent to which the legislator can monitor that whatever is spent in the
local government is consistent with their allocated purpose.
10. Power Broker – the extent to which the legislator uses their authority or position as a
public official to benefit their constituents.
11. Institution Builder – the extent to which the legislator can ensure the continuity of work
in the sanggunian despite changes in leadership as a result of elections and ensure the
staff of the sanggunian have adequate capacities to provide the technical support needed
in legislative work.
12. Educator – the extent to which the legislator enhances their constituents' knowledge,
skills, and orientations for performing community problem-solving and community
development activities and projects.
13. Evaluator – the extent to which the legislator can review the local government unit's
performance, identify strengths and weaknesses, and propose reforms and improvements.
14. Grassroots Builder – the extent to which the legislator engenders satisfaction among
constituents that they are able and willing to listen to their problems and concerns
through face-to-face meetings and other consultative mechanisms.
15. Team Player – the extent to which the legislator works with other legislators in the
sanggunian committed to a broad and long-term program of action.
16. Exemplar – the extent to which the legislator is viewed as an asset to the government and
the community and a model to the rest of the citizenry.
17. Politician – the extent to which the legislator engages in “politics,” which is essentially
about “who gets what, when, and how,” and enters into negotiations with other politicians
to settle conflicts and arrive at a consensus on the goals and objectives of policy
decisions.
On their first day on the job, sanggunian members take their oath of office. This oath
embodies the principle that “a public office is a public trust.” It represents the local legislators’
acceptance of their duties as elected officials of the local government.
Make full disclosure of their financial and business interests as required of them under
Article 104, Rule XVII of the Rules and Regulations Implementing the Local
Government Code of 1991
Attend all regular and special sessions of the sanggunian
Attend all hearings and meetings of committees of which they are a member
Vote on every question or proposed measure being voted upon by the sanggunian
Observe proper deportment and decorum during sessions
Understand and observe the Internal Rules of Procedure of the sanggunian
Following are The desired values and skills of a sanggunian member as follows:
Who are the members of the sanggunian? Knowing the answer to this question is
important in preparing sanggunian members to work as a team. Article 93 of the Rules and
Regulations Implementing the 1991 Local Government Code defines the composition of the
sanggunian.
Section 468 of the LGC defines the powers and duties of the sangguniang panlalawigan
as follows:
1. Approve ordinances and pass resolutions necessary for an efficient and effective
provincial government and, in this connection, shall:
2. Generate and maximize the use of resources and revenues for the development plans,
program objectives, and priorities of the province as provided for under Section 18 of the
LGC, with particular attention to agro-industrial development and country-wide growth
and progress and relative to it, shall:
i. Enact budgets. Enact the annual and supplemental appropriations of the provincial
government and appropriate funds for specific programs, projects, services, and
activities of the province, or for other purposes not contrary to law, to promote the
general welfare of the province and its inhabitants;
ii. Levy taxes. Subject to the provisions of Book II of the LGC and applicable laws and
upon the majority vote of all the members of the Sangguniang Panlalawigan, enact
ordinances levying taxes, fees, and charges, prescribing the rates thereof for general
and specific purposes, and granting tax exemptions, incentives or reliefs;
iii. Authorize contracts for loans. Subject to the provisions of Book II of the LGC and
applicable laws and upon the majority vote of all the members of the Sangguniang
Panlalawigan, authorize the provincial governor to negotiate and contract loans and
other forms of indebtedness;
iv. Authorize bond floatation. Subject to the provisions of Book II of the LGC and
applicable laws and upon the majority vote of all the members of the Sangguniang
Panlalawigan, enact ordinances authorizing the floating of bonds or other instruments
of indebtedness to raise funds to finance development projects;
v. Authorize lease of public buildings. Appropriate funds for the construction and
maintenance or the rental of buildings for the use of the province; and upon the
majority vote of all the members of the Sangguniang Panlalawigan, authorize the
provincial governor to lease to private parties such public buildings held in a
proprietary capacity, subject to existing laws, rules and regulations;
vi. Regulate the use of the property. Prescribe reasonable limits and restraints on the use
of property within the jurisdiction of the province;
vii. Adopt a land use plan. Review the comprehensive land use plans and zoning
ordinances of component cities and municipalities and adopt a comprehensive
provincial land use plan subject to existing laws; and
3. Adopt measures to enhance the full implementation of the national agrarian reform
program in coordination with the Department of Agrarian Reform;
4. Subject to the provisions of Book II of the LGC, grant franchises, approve the issuance of
permits or licenses, or enact ordinances levying taxes, fees, and charges upon such
conditions and for such purposes intended to promote the general welfare of the
inhabitants of the province, and under this legislative authority, shall:
a. Impose service fees. Fix and impose reasonable fees and charges for all services
rendered by the provincial government to private persons or entities; and
b. Fix license fees. Regulate and fix the license fees for such activities as provided for
under the LGC.
5. Approve ordinances that shall ensure the efficient and effective delivery of the essential
services and facilities as provided for under Section 17 of the LGC, and, in addition to
said services and facilities, shall:
a. Preserve the ecosystem. Adopt measures and safeguards against pollution and for the
preservation of the natural ecosystem in the province by approved standards on
human settlements and environmental sanitation;
b. Establish waterworks systems. Subject to applicable laws, facilitate or provide for the
establishment and maintenance of a waterworks system or district waterworks for
supplying water to inhabitants of component cities and municipalities;
c. Establish vocational and technical schools. Subject to the availability of funds and
existing laws, rules, and regulations, 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, Culture and Sports and subject to
existing laws on tuition fees, fix reasonable tuition fees and other school charges in
educational institutions supported by the provincial government;
d. Establish scholarship funds. Establish a scholarship fund for the poor but deserving
students in schools located within its jurisdiction or for students residing within the
province;
e. Adopt quarantine regulations. Approve measures and adopt quarantine regulations to
prevent the introduction and spread of diseases within its territorial jurisdiction;
f. Establish programs for disadvantaged persons and groups. Provide for the care of
paupers, the aged, the sick, persons of unsound mind, abandoned minors, abused
children, disabled persons, juvenile delinquents, drug dependents, and other needy
and disadvantaged persons, particularly children and youth below eighteen (18) years
of age; subject to availability of funds, establish and support the operation of centers
and facilities for said needy and disadvantaged persons; and facilitate efforts to
promote the welfare of families below the poverty threshold, the disadvantaged, and
the exploited;
g. Establish and maintain jails and detention centers. Establish and provide for the
maintenance and improvement of jails and detention centers, institute a sound jail
management program, and appropriate funds for the subsistence of detainees and
convicted prisoners in the province;
h. Establish a council for the culture and arts. Establish a provincial council whose
purpose is the promotion of culture and the arts, coordinate with government agencies
and non-governmental organizations, and, subject to the availability of funds,
appropriate funds for the support and development of the same;
i. Establish a council for the elderly. Establish a provincial council for the elderly which
shall formulate policies and adopt measures mutually beneficial to the elderly and the
province; subject to the availability of funds, appropriate funds to support programs
and projects for the elderly; and provide incentives for non-governmental agencies
and entities to support the programs and projects of the elderly; and
6. Exercise other powers and perform such other duties and functions as prescribed by law
or ordinance.
Section 458 of the LGC defines the powers and functions of the Sangguniang
Panlungsod:
1. Approve ordinances and pass resolutions necessary for an efficient and effective city
government, and in this connection, shall:
i. Review barangay ordinances and executive orders. Review all ordinances approved
by the Sangguniang Barangay and executive orders issued by the Punong Barangay to
determine whether these are within the scope of the prescribed powers of the
sanggunian and the Punong Barangay;
ii. Maintain peace and order. 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. Impose appropriate penalties. Approve ordinances imposing a fine not exceeding Five
thousand pesos (P5,000.00) or imprisonment for a period not exceeding one (1) year,
or both in the discretion of the court, for the violation of a city ordinance;
iv. Provide relief services. Adopt measures to protect the inhabitants of the city from the
harmful effects of artificial or natural disasters and calamities and to provide relief
services and assistance for victims during and in the aftermath of said disasters or
calamities and their return to productive livelihood following said events;
v. Promote public order. 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 such other activities inimical to the
welfare and morals of the inhabitants of the city;
vi. Protect the environment. Protect the environment and impose appropriate penalties
for acts that 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 endangered species of flora and fauna, slash and burn to farm,
and such other activities which result in pollution, acceleration of eutrophication of
rivers and lakes, or ecological imbalance;
vii. Define the duties of LGU personnel. Subject to the provisions of the LGC and
pertinent laws, determine the powers and duties of officials and employees of the city;
viii. Provide compensation to LGU personnel. Determine the positions and the salaries,
wages, allowances, and other payments and benefits of officials and employees paid
wholly or mainly from city funds and provide for expenditures necessary for the
proper conduct of programs, projects, services, and activities of the city government;
ix. Authorize payment of honoraria. Authorize the payment of compensation to a
qualified person not in the government service who fills up a temporary vacancy or
grant honorarium to any qualified official or employee designated to fill a temporary
vacancy in a concurrent capacity at the rate authorized by law;
x. Ensure the safety of government property. Provide a mechanism and the appropriate
funds, therefore, to ensure the safety and protection of all city government property,
public documents, or records such as those relating to property inventory, land
ownership, records of births, marriages, deaths, assessments, taxation, accounts,
business permits, and such other records and documents of public interest in the
offices and departments of the city government;
xi. Provide additional allowances for government personnel. When the finances of the
city government allow, provide for additional allowances and other benefits to judges,
prosecutors, public elementary and high school teachers, and other national
government officials stationed in or assigned to the city;
xii. Provide legal assistance to barangay officials. Provide legal assistance to Barangay
officials who, in the performance of their official duties or on occasion thereof, have
to initiate judicial proceedings or defend themselves against legal action; and
xiii. Provide insurance coverage for barangay officials. Provide for group insurance or
additional insurance coverage for all Barangay officials, including members of
Barangay tanod brigades and other service units, with public or private insurance
companies, when the finances of the city government allow said coverage;
2. Generate and maximize the use of resources and revenues for the development plans,
program objectives, and priorities of the city as provided for under section 18 of the
LGC, with particular attention to agro-industrial development and city-wide growth and
progress and relative to it, shall:
a. Enact budgets. Approve the annual and supplemental budgets of the city government
and appropriate funds for specific programs, projects, services, and activities of the
city, or for other purposes not contrary to law, to promote the general welfare of the
city and its inhabitants;
b. Levy taxes, fees, and charges. Subject to the provisions of Book II of the LGC and
applicable laws and upon the majority vote of all the members of the Sangguniang
Panlungsod, enact ordinances levying taxes, fees, and charges, prescribing the rates
thereof for general and specific purposes, and granting tax exemptions, incentives or
reliefs;
c. Authorize LGU contracts. Subject to the provisions of Book II of the LGC and upon
the majority vote of all the members of the Sangguniang Panlungsod, authorize the
city mayor to negotiate and contract loans and other forms of indebtedness;
d. Authorize bond floatation. Subject to the provisions of Book II of the LGC and
applicable laws and upon the majority vote of all the members of the Sangguniang
Panlungsod, enact ordinances authorizing the floating of bonds or other instruments
of indebtedness to raise funds to finance development projects;
e. Authorize lease of public buildings. Appropriate funds for the construction and
maintenance or the rental of buildings for the use of the city; and, upon the majority
vote of all the members of the Sangguniang Panlungsod, authorize the city mayor to
lease to private parties such public buildings held in a proprietary capacity, subject to
existing laws, rules and regulations;
f. Regulate the use of the property. Prescribe reasonable limits and restraints on the use
of property within the jurisdiction of the city;
g. Adopt a comprehensive land use plan for the city: Provided that in the case of
component cities, the formulation, adoption, or modification of said plan shall be in
coordination with the approved provincial comprehensive land use plan;
h. Reclassify land within the jurisdiction of the city, subject to the pertinent provisions
of the LGC;
i. Enact integrated zoning ordinances following the approved comprehensive land use
plan, subject to existing laws, rules, and regulations; establish fire limits or zones,
particularly in populous centers; and regulate the construction, repair, or modification
of buildings within said fire limits or zones following the provisions of the Fire Code;
j. Approve subdivision plans. Subject to national law, process and approve subdivision
plans for residential, commercial, or industrial purposes and other development
purposes, and to collect processing fees and other charges, the proceeds of which
shall accrue entirely to the city: Provided, however, that where approval of a national
agency or office is required, said approval shall not be withheld for more than thirty
(30) days from receipt of the application. Failure to act on the application within the
period stated above shall be deemed as approval thereof;
k. Grant privilege for fish pen construction. Subject to the provisions of Book II of the
LGC, grant the exclusive privilege of constructing fish corrals or fish pens, or the
taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any species or
fish within the city waters;
l. Grant incentives to local industries. With the concurrence of at least two-thirds (2/3)
of all the members of the Sangguniang Panlungsod, grant tax exemptions, incentives,
or reliefs to entities engaged in community growth-inducing industries, subject to the
provisions of Chapter 5, Title I, Book II of the LGC;
m. Grant loans or provide grants to other local government units or national, provincial,
and city charitable, benevolent, or educational institutions: Provided, That said
institutions are operated and maintained within the city;
n. Regulate the numbering of residential, commercial, and other buildings; and,
o. Regulate the inspection, weighing, and measuring of articles of commerce.
3. Subject to the provisions of Book II, the LGC enact ordinances granting franchises and
authorizing the issuance of permits or licenses upon such conditions and for such
purposes intended to promote the general welfare of the inhabitants of the city and
according to this legislative authority shall:
a. Impose service fees. Fix and impose reasonable fees and charges for all services
rendered by the city government to private persons or entities;
b. Regulate business. Regulate or fix license fees for any business or practice of
profession within the city and the conditions under which the license for said business
or practice of profession may be revoked and enact ordinances levying taxes thereon;
c. Regulate the use of public utilities. Provide for and set the terms and conditions under
which public utilities owned by the city shall be operated by the city government and
prescribe the conditions under which the same may be leased to private persons or
entities, preferably cooperatives;
d. Fix license fees for signs and billboards. Regulate the display of and fix the license
fees for signs, signboards, or billboards at the place or places where the profession or
business advertised thereby is, in whole or in part, conducted;
e. Regulate cockfighting activities. Any law to the contrary notwithstanding, authorize
and license the establishment, operation, and maintenance of cockpits and regulate
cockfighting and commercial breeding of gamecocks: Provided that existing rights
should not be prejudiced;
f. Grant tricycle operation franchises. Subject to the guidelines prescribed by the
Department of Transportation and Communications, regulate the operation of
tricycles and grant franchises for the operation thereof within the territorial
jurisdiction of the city;
g. Establish ferries, markets, and slaughterhouses. Upon approval by a majority vote of
all the members of the Sangguniang Panlungsod: grant a franchise to any person,
partnership, corporation, or cooperative to do business within the city; establish,
construct, operate, and maintain ferries, wharves, markets, or slaughterhouses; or
undertake such other activities in the town as may be allowed by existing laws:
Provided, That, cooperatives shall be given preference in the grant of such a
franchise.
4. Regulate activities relative to the use of land, buildings, and structures within the city to
promote the general welfare and for said purpose shall:
5. Approve ordinances that shall ensure the efficient and effective delivery of the basic
services and facilities as provided for under Section 17 of the LGC, and in addition to
said services and facilities, shall:
a. Establish watersheds and forest development projects. Provide for the establishment,
maintenance, protection, and conservation of communal forests and watersheds, tree
parks, greenbelts, mangroves, and other similar forest development projects;
b. Establish markets and slaughterhouses. Establish markets, slaughterhouses, or animal
corrals and authorize the operation thereof by the city government; and regulate the
construction and operation of private markets, talipapas, or other similar buildings
and structures;
c. Establish marine structures. Authorize the establishment, maintenance, and operation
by the city government of ferries, wharves, and other structures intended to accelerate
productivity related to marine and seashore or offshore activities;
d. Regulate the sale of food and food products. Regulate the preparation and sale of
meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for
public consumption;
e. Regulate the use of streets. Regulate the use of streets, avenues, alleys, sidewalks,
bridges, parks, and other public places and approve the construction, improvement,
repair, and maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate stands to be
occupied by public vehicles when not in use; regulate the putting up of signs,
signposts, awnings and awning posts on the streets; and provide for the lighting,
cleaning, and sprinkling of streets and public places;
f. Regulate traffic. Regulate traffic on all streets and bridges; prohibit encroachments or
obstacles thereon and, when necessary in the interest of public welfare, authorize the
removal of encroachments and illegal constructions in public places;
g. Ensure adequate water supply. Subject to existing laws, establish and provide for the
maintenance, repair, and operation of an efficient waterworks system to supply water
for the inhabitants and to purify the source of the water supply; regulate the
construction, maintenance, repair, and use of hydrants, pumps, cisterns, and
reservoirs; protect the purity and quantity of the water supply of the city and, for this
purpose, extend the coverage of appropriate ordinances over all territory within the
drainage area of said water supply and within one hundred (100) meters of the
reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection
with the water service; and regulate the consumption, use or wastage of water and fix
and collect charges therefore;
h. Regulate drilling and excavation activities. Regulate the drilling and excavation of the
ground for the laying of water, gas, sewer, and other pipes and the construction,
repair, and maintenance of public drains, sewers, cesspools, tunnels, and similar
structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters;
adopt measures to ensure public safety against open canals, manholes, live wires and
other similar hazards to life and property; and regulate the construction and use of
private water closets, privies and other similar structures in buildings and homes;
i. Regulate the installation of telecommunications equipment. Regulate the placing,
stringing, attaching, installing, repair, and construction of all gas mains, electric,
telegraph, and telephone wires, conduits, meters, and other apparatus; and provide for
the correction, condemnation, or removal of the same when found to be dangerous,
defective, or otherwise hazardous to the welfare of the inhabitants;
j. Establish vocational and technical schools. Subject to the availability of funds and
existing laws, rules, and regulations, establish and provide for the operation of
vocational and technical schools and similar post-Secondary institutions and, with the
approval of the Department of Education, Culture and Sports and subject to existing
law on tuition fees, fix and collect reasonable tuition fees and other school charges in
educational institutions supported by the city government;
k. Establish scholarship funds. Establish a scholarship fund for the poor but deserving
students in schools located within its jurisdiction or for students residing within the
city;
l. Adopt quarantine regulations. Approve measures and adopt quarantine regulations to
prevent the introduction and spread of diseases;
m. Establish a solid waste management program. Provide an efficient and effective
system of solid waste and garbage collection and disposal; prohibit littering and the
placing or throwing of garbage, refuse, and other filth and wastes;
n. Provide care for disadvantaged groups. Provide for the care of disabled persons,
paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile
delinquents, drug dependents, abused children, and other needy and disadvantaged
persons, particularly children and youth below eighteen (18) years of age; and,
subject to availability of funds, establish and provide for the operation of centers and
facilities for said needy and disadvantaged persons;
o. Establish and maintain jails and detention centers. Establish and provide for the
maintenance and improvement of jails and detention centers, institute sound jail
management, and appropriate funds for the subsistence of detainees and convicted
prisoners in the city;
p. Establish a council for the culture and arts. Establish a City council whose purpose is
the promotion of culture and the arts; coordinate with government agencies and non-
governmental organizations and, subject to the availability of funds, appropriate funds
for the support and development of the same; and
q. Establish a council for the elderly. Establish a City council for the elderly which shall
formulate policies and adopt measures mutually beneficial to the elderly and the
community; provide incentives for non-governmental agencies and entities and,
subject to the availability of funds, appropriate funds to support programs and
projects for the benefit of the elderly; and
6. Exercise other powers and perform such other duties and functions as prescribed by law
or ordinance.
Section 447 of the LGC defines the powers and functions of the Sangguniang Bayan.
1. Approve ordinances and pass resolutions necessary for an efficient and effective
municipal government, and in this connection shall:
i. Review barangay ordinances and executive orders. Review all ordinances approved
by the Sangguniang Barangay and executive orders issued by the Punong Barangay to
determine whether these are within the scope of the prescribed powers of the
sanggunian and the Punong Barangay;
ii. Maintain peace and order. 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. Impose appropriate penalties. Approve ordinances imposing a fine not exceeding
Two thousand five hundred pesos (P2,500.00) or imprisonment for a period not
exceeding six (6) months, or both in the discretion of the court, for the violation of a
municipal ordinance;
iv. Provide relief services. Adopt measures to protect the inhabitants of the municipality
from the 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 or calamities and their return to productive livelihood following said events;
v. Promote public order. 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 such other activities inimical to the
welfare and morals of the inhabitants of the municipality;
vi. Protect the environment. Protect the environment and impose appropriate penalties
for acts that 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 endangered species of flora and fauna, slash and burn to farm,
and such other activities which result in pollution, acceleration of eutrophication of
rivers and lakes, or ecological imbalance;
vii. Define the duties of LGU personnel. Subject to the provisions of the LGC and
pertinent laws, determine the powers and duties of officials and employees of the
municipality;
viii. Provide compensation to LGU personnel. Determine the positions and the salaries,
wages, allowances, and other payments and benefits of officials and employees paid
wholly or mainly from municipal funds and provide for expenditures necessary for
the proper conduct of programs, projects, services, and activities of the municipal
government;
ix. Authorize payment of honoraria. Authorize the payment of compensation to a
qualified person not in the government service who fills up a temporary vacancy or
grant honorarium to any qualified official or employee designated to fill a temporary
vacancy in a concurrent capacity at the rate authorized by law;
x. Ensure the safety of government property and records. Provide a mechanism and the
appropriate funds, therefore, to ensure the safety and protection of all municipal
government property, public documents, or records such as those relating to property
inventory, land ownership, records of births, marriages, deaths, assessments, taxation,
accounts, business permits, and such other records and documents of public interest in
the offices and departments of the municipal government;
xi. Provide additional allowances for government personnel. When the finances of the
municipal government allow, provide for additional allowances and other benefits to
judges, prosecutors, public elementary and high school teachers, and other national
government officials stationed in or assigned to the municipality;
xii. Provide legal assistance to barangay officials. Provide legal assistance to Barangay
officials who, in the performance of their official duties or on occasion thereof, have
to initiate judicial proceedings or defend themselves against legal action; and,
xiii. Provide insurance coverage for barangay officials. Provide for group insurance or
additional insurance coverage for Barangay officials, including members of Barangay
tanod brigades and other service units, with public or private insurance companies
when the finances of the municipal government allow said coverage.
2. Generate and maximize the use of resources and revenues for the development plans,
program objectives, and priorities of the municipality as provided for under Section 18 of
the LGC with particular attention to agro-industrial development and countryside growth
and progress, and relative to it, shall:
i. Enact budgets. Approve the annual and supplemental budgets of the municipal
government and appropriate funds for specific programs, projects, services, and
activities of the municipality, or for other purposes not contrary to law, to promote the
general welfare of the municipality and its inhabitants;
ii. Levy taxes, fees, and charges. Subject to the provisions of Book II of the LGC and
applicable laws and upon the majority vote of all the members of the Sangguniang
Bayan, enact ordinances levying taxes, fees, and charges, prescribing the rates thereof
for general and specific purposes, and granting tax exemptions, incentives or reliefs;
iii. Authorize contract of loans. Subject to the provisions of Book II of the LGC and upon
the majority vote of all the members of the Sangguniang Bayan, authorize the
municipal mayor to negotiate and contract loans and other forms of indebtedness;
iv. Authorize bond floatation. Subject to the provisions of Book II of the LGC and
applicable laws and upon the majority vote of all the members of the Sangguniang
Bayan, enact ordinances authorizing the floating of bonds or other instruments of
indebtedness to raise funds to finance development projects;
v. Authorize construction and lease of public buildings. Appropriate funds for the
construction and maintenance or the rental of buildings for the use of the municipality
and, upon the majority vote of all the members of the Sangguniang Bayan, authorize
the municipal mayor to lease to private parties such public buildings held in a
proprietary capacity, subject to existing laws, rules and regulations;
vi. Regulate the use of the property. Prescribe reasonable limits and restraints on the use
of property within the jurisdiction of the municipality;
vii. Adopt a comprehensive land use plan. Adopt a comprehensive land use plan for the
municipality: Provided, That the formulation, adoption, or modification of said plan
shall be in coordination with the approved provincial comprehensive land use plan;
viii. Reclassify the use of land. Reclassify land within the jurisdiction of the municipality,
subject to the pertinent provisions of the LGC;
ix. Enact a zoning ordinance. Enact integrated zoning ordinances following the approved
comprehensive land use plan, subject to existing laws, rules, and regulations;
establish fire limits or zones, particularly in populous centers; and regulate the
construction, repair, or modification of buildings within said fire limits or zones
following the provisions of the Fire Code;
x. Approve subdivision plans. Subject to national law, process and approve subdivision
plans for residential, commercial, or industrial purposes and other development
purposes, and collect processing fees and other charges, the proceeds of which shall
accrue entirely to the municipality: Provided, however, That, where approval by a
national agency or office is required, said approval shall not be withheld for more
than thirty (30) days from receipt of the application. Failure to act on the application
within the period stated above shall be deemed as approval thereof;
xi. Grant privilege for fish pen construction. Subject to the provisions of Book II of the
LGC, grant the exclusive privilege of constructing fish corrals or fish pens, or the
taking or catching of bangus fry, prawn fry, or kawag-kawag or fry of any species or
fish within the municipal waters;
xii. Provide tax incentives. With the concurrence of at least two-thirds (2/3) of all the
members of the Sangguniang Bayan, grant tax exemptions, incentives, or reliefs to
entities engaged in community growth-inducing industries, subject to the provisions
of Chapter 5, Title I, Book II of the LGC;
xiii. Grant loans to charitable or educational institutions. Grant loans or provide grants to
other local government units or to national, provincial, and municipal charitable,
benevolent, or educational institutions: Provided, That said institutions are operated
and maintained within the municipality;
xiv. Regulate the numbering of buildings. Regulate the numbering of residential,
commercial, and other buildings; and,
xv. Regulate the inspection, weighing, and measuring of articles of commerce.
3. Subject to the provisions of Book II of the LGC, grant franchises, enact ordinances
authorizing the issuance of permits or licenses, or enact ordinances levying taxes, fees,
and charges upon such conditions and for such purposes intended to promote the general
welfare of the inhabitants of the municipality, and under this legislative authority shall:
a. Fix service fees. Fix and impose reasonable fees and charges for all services rendered
by the municipal government to private persons or entities;
b. Regulate business. Regulate any business, occupation, or practice of profession or
calling that does not require government examination within the municipality and the
conditions under which the license for said business or practice of profession may be
issued or revoked;
c. Determine terms for the use or lease of public utilities. Prescribe the terms and
conditions under which public utilities owned by the municipality shall be operated
by the municipal government or leased to private persons or entities, preferably
cooperatives;
d. Fix license fees for signs and billboards. Regulate the display of and fix the license
fees for signs, signboards, or billboards at the place or places where the profession or
business advertised thereby is, in whole or in part, conducted;
e. Regulate cockfighting activities. Any law to the contrary notwithstanding, authorize
and license the establishment, operation, and maintenance of cockpits and regulate
cockfighting and commercial breeding of gamecocks: Provided, That existing rights
should not be prejudiced;
f. Grant tricycle operation franchises. Subject to the guidelines prescribed by the
Department of Transportation and Communications, regulate the operation of
tricycles and grant franchises for the operation thereof within the territorial
jurisdiction of the municipality;
g. Grant franchises to operate wharves, markets, or slaughterhouses. Upon approval by a
majority vote of all the members of the Sangguniang Bayan, grant a franchise to any
person, partnership, corporation, or cooperative to establish, construct, operate, and
maintain ferries, wharves, markets, or slaughterhouses, or such other similar activities
within the municipality as may be allowed by applicable laws: Provided, That,
cooperatives shall be given preference in the grant of such a franchise.
4. Regulate activities relative to the use of land, buildings, and structures within the
municipality to promote the general welfare and for said purpose shall:
5. Approve ordinances that shall ensure the efficient and effective delivery of the basic
services and facilities as provided for under Section 17 of the LGC, and in addition to
said services and facilities, shall:
a. Establish watersheds and forest development projects. Provide for the establishment,
maintenance, protection, and conservation of communal forests and watersheds, tree
parks, greenbelts, mangroves, and other similar forest development projects;
b. Establish markets and slaughterhouses. Establish markets, slaughterhouses, or animal
corrals and authorize the operation thereof, and regulate the construction and
operation of private markets, talipapas, or other similar buildings and structures;
c. Authorize the establishment of wharves and other marine structures. Authorize the
establishment, maintenance, and operation of ferries, wharves, and other structures,
and marine and seashore or offshore activities intended to accelerate productivity;
d. Regulate food preparation and sale. Regulate the preparation and sale of meat,
poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public
consumption;
e. Regulate the use of streets. Regulate the use of streets, avenues, alleys, sidewalks,
bridges, parks, and other public places and approve the construction, improvement,
repair, and maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate stands to be
occupied by public vehicles when not in use; regulate the putting up of signs,
signposts, awnings and awning posts on the streets; and provide for the lighting,
cleaning, and sprinkling of streets and public places;
f. Regulate traffic. Regulate traffic on all streets and bridges, prohibit the putting up of
encroachments or obstacles thereon, and, when necessary in the interest of public
welfare, authorize the removal of encroachments and illegal constructions in public
places;
g. Ensure adequate water supply. Subject to existing laws, provide for the establishment,
operation, maintenance, and repair of an efficient waterworks system to supply water
for the inhabitants; regulate the construction, maintenance, repair, and use of
hydrants, pumps, cisterns, and reservoirs; protect the purity and quantity of the water
supply of the municipality and, for this purpose, extend the coverage of
appropriate ordinances over all territory within the drainage area of said water supply
and within one hundred (100) meters of the reservoir, conduit, canal, aqueduct,
pumping station, or watershed used in connection with the water service; and regulate
the consumption, use or wastage of water;
h. Regulate public works. Regulate the drilling and excavation of the ground for the
laying of water, gas, sewer, and other pipes and the construction, repair, and
maintenance of public drains, sewers, cesspools, tunnels, and similar structures;
regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt
measures to ensure public safety against open canals, manholes, live wires and other
similar hazards to life and property; and, regulate the construction and use of private
water closets, privies and other similar structures in buildings and homes;
i. Regulate installation of gas, electric, and telecommunication equipment. Regulate the
placing, stringing, attaching, installing, repair, and construction of all gas mains,
electric, telegraph, and telephone wires, conduits, meters, and other apparatus; and
provide for the correction, condemnation, or removal of the same when found to be
dangerous, defective or otherwise hazardous to the welfare of the inhabitants;
j. Establish vocational and technical schools. Subject to the availability of funds and
existing laws, rules, and regulations, establish and provide for the operation of
vocational and technical schools and similar post-secondary institutions and, with the
approval of the Department of Education, Culture, and Sports, fix and collect
reasonable fees and other school charges on said institutions, subject to existing laws
on tuition fees;
k. Establish scholarship funds. Establish a scholarship fund for poor but deserving
students residing within the municipality in schools located within its jurisdiction;
l. Adopt quarantine regulations. Approve measures and adopt quarantine regulations to
prevent the introduction and spread of diseases;
m. Establish a solid waste management program. Provide an efficient and effective
system of solid waste and garbage collection and disposal and prohibit littering and
the placing or throwing of garbage, refuse, and other filth and wastes;
n. Establish programs for the disadvantaged. Provide for the care of paupers, the aged,
the sick, persons of unsound mind, disabled persons, abandoned minors, juvenile
delinquents, drug dependents, abused children, and other needy and disadvantaged
persons, particularly children and youth below eighteen (18) years of age and, subject
to availability of funds, establish and provide for the operation of centers and
facilities for said needy and disadvantaged persons;
o. Maintain jails and detention centers. Establish and provide for the maintenance and
improvement of jails and detention centers, institute sound jail management
programs, and appropriate funds for the subsistence of detainees and convicted
prisoners in the municipality;
p. Establish a council for culture and the arts. Establish a municipal council whose
purpose is the promotion of culture and the arts, coordinate with government agencies
and non-governmental organizations and, subject to the availability of funds,
appropriate funds for the support and development of the same; and
q. Establish a council for the elderly. Establish a municipal council for the elderly which
shall formulate policies and adopt measures mutually beneficial to the elderly and the
community; provide incentives for non-governmental agencies and entities and,
subject to the availability of funds, appropriate funds to support programs and
projects for the benefit of the elderly; and
6. Exercise other powers and perform such other duties and functions as prescribed by law
or ordinance.
Sections 391 and 392 of the LGC define the powers and functions of the sangguniang
barangay as follows:
1. Enact ordinances to promote the general welfare. Enact ordinances as may be necessary
to discharge the responsibilities conferred upon it by law or ordinance and to promote the
general welfare of the inhabitants therein;
2. Enact tax ordinances. Enact tax and revenue ordinances, subject to the limitations
imposed in the LGC;
3. Enact budgets. Enact annual and supplemental budgets following the provisions of the
LGC;
4. Construct and maintain barangay facilities. Provide for the construction and maintenance
of Barangay facilities and other public works projects chargeable to the general fund of
the Barangay or such other funds available for the purpose;
5. Recommend measures for barangay improvement. Submit to the Sangguniang
Panlungsod or Sangguniang Bayan such suggestions or recommendations as it may see
fit for the improvement of the Barangay or the welfare of the inhabitants thereof;
6. Assist in the establishment of cooperatives. Assist in the establishment, organization, and
promotion of cooperative enterprises that will improve the economic condition and well-
being of the residents;
7. Regulate the use of barangay facilities. Regulate the use of multi-purpose halls, multi-
purpose pavements, grain or copra dryers, patios, and other post-harvest facilities,
Barangay waterworks, Barangay markets, parking areas, or other similar facilities
constructed with government funds within the jurisdiction of the Barangay and charge
reasonable fees for the use thereof;
8. Solicit funds for barangay public works. Solicit or accept monies, materials, and
voluntary labor for specific public works and cooperative enterprises of the Barangay
from residents, land owners, producers, and merchants in the Barangay; monies from
grants-in-aid, subsidies, contributions, and revenues made available to the Barangays
from national, provincial, city or municipal funds; and monies from other private
agencies and individuals: Provided, however, That monies or properties donated
by private agencies and individuals for specific purposes shall accrue to the Barangay as
trust fund;
9. Solicit financial and technical cooperation. Solicit or accept, in any or all the preceding
public works and cooperative enterprises, such cooperation as is made available by
national, provincial, city, or municipal agencies established by law to render financial,
technical, and advisory assistance to Barangays and Barangay residents: Provided,
however, That in soliciting or accepting such cooperation, the Sangguniang Barangay
need not pledge any sum of money for expenditure over amounts currently in the
Barangay treasury or encumbered for other purposes;
10. Provide compensation and allowances of barangay government personnel. Provide
compensation, reasonable allowances, or per diems as well as travel expenses for
Sangguniang Barangay members and other Barangay officials, subject to the budgetary
limitations prescribed under Title Five, Book II of the LGC: Provided, however, That no
increase in the compensation or honoraria of the Sangguniang Barangay members shall
take effect until after the expiration of the entire term of all members of the Sangguniang
Barangay approving such increase;
11. Hold fundraising activities. Hold fund-raising activities for Barangay projects without
securing permits from any national or local office or agency. The proceeds from such
activities shall be tax-exempt and shall accrue to the general fund of the Barangay:
Provided, That in the appropriation thereof, the specific purpose for which such fund-
raising activity has been held shall be first satisfied: Provided, further, That no fund-
raising activities shall be held within sixty(60) days immediately preceding and after a
national or local election, recall, referendum, or plebiscite: Provided, finally, That said
fund-raising activities shall comply with national policy standards and regulations on
morals, health, and safety of the persons participating therein. The Sangguniang
Barangay, through the Punong Barangay, shall render a public accounting of the funds
raised after the project for which the fund-raising activity was under- taken;
12. Authorize the contracting of loans. Authorize the Punong Barangay to enter into contracts
on behalf of the Barangay, subject to the provisions of the LGC;
13. Authorize purchases. Authorize the Barangay treasurer to make direct purchases in an
amount not exceeding One thousand pesos (P1,000.00) at any one time for the ordinary
and essential administrative needs of the Barangay;
14. Prescribe fines. Prescribe fines in amounts not exceeding One thousand pesos
(P1,000.00) for violation of Barangay ordinances;
15. Provide for the administrative needs of the Lupong Tagapamayapa and the pangkat ng
tagapagkasundo;
16. Organize barangay tanods. Provide for the organization of community brigades,
Barangay tanod, or community service units as may be necessary;
17. Organize barangay assemblies. Organize regular lectures, programs, or fora on
community problems such as sanitation, nutrition, literacy, and drug abuse, and convene
assemblies to encourage citizen participation in government;
18. Prevent the proliferation of squatters and mendicants. Adopt measures to prevent and
control the proliferation of squatters and mendicants in the Barangay;
19. Provide for the proper development and welfare of children in the Barangay by
promoting and supporting activities for the protection and total development of children,
particularly those below seven (7) years of age;
20. Adopt measures for the prevention and eradication of drug abuse, child abuse, and
juvenile delinquency;
21. Initiate the establishment of a Barangay high school, whenever feasible, the following
law;
22. Provide for the establishment of a non-formal education center in the Barangay whenever
feasible, in coordination with the Department of Education, Culture and Sports;
23. Provide for the delivery of basic services; and
24. Exercise other powers and perform such other duties and functions as prescribed by law
or ordinance.
1. Assist the Punong Barangay in the discharge of their duties and functions;
2. Act as peace officers in the maintenance of public order and safety; and
3. Perform such other duties and functions as the Punong Barangay may delegate.
The following questions are essential to any organization, especially a sanggunian with a
public mandate:
Who will provide leadership to the sanggunian so it can attain its objectives?
How does the sanggunian choose its leaders?
What qualities should these leaders have?
The leadership of the sanggunian is composed of:
1. The Presiding Officer - the one who presides over the session or meeting of the
sanggunian.
2. The Presiding Officer Pro-Tempore – the one who presides over the session in the
absence of the presiding officer.
3. The Floor Leader – the one who manages floor deliberations in large legislative bodies,
particularly where there is a majority party and a minority party.
4. The Secretary to the Sanggunian – the one who provides technical and management
support to the Sanggunian members. They are not an elected official, but their role is
essential to the legislative organization.
The 1991 Local Government Code prescribes the role of the Presiding Officer to the:
Sanggunian officers are expected to provide leadership and guidance to accomplish the
sanggunian's work and enforce order in the sanggunian. Except for the secretary to the
sanggunian, they are chosen from among the elected members of the sanggunian.
Order is essential to the successful conduct of the business of deliberative bodies. For the
sanggunian, the order can be achieved by implementing a set of rules agreed upon by all
members, known as the Internal Rules of Procedure. These rules allow for the orderly conduct of
deliberations and the formulation and approval of decisions. These rules enable sanggunian
members to articulate their thoughts, reconcile conflicts and differences, determine the majority's
will, and take action.
A “document containing a set of procedural rules that governs the orderly transaction of
business and defining the duties and responsibilities of the officers during the conduct of
meetings.”
Must be adopted by the sanggunian in the first regular session following the election of
the sanggunian members and within 90 days after that.
There are five principles to consider in the implementation of the IRP. These are 1)
courtesy and justice to all, 2) considering one topic at a time, 3) the majority rules, 4) the
minority has a right to be heard, and 5) fairness to all and partiality to no one.
The template contains descriptive section headings that the sanggunian may use to guide
in developing its own set of internal rules of procedure.
RULE I – MEMBERSHIP
Section 1. Composition
Section 2. Term of Office
Section 3. Oath or Affirmation
RULE XV – PENALTIES
RESOLUTION NO.
Series of 20
WHEREAS, the Sangguniang Bayanis a legislative body duly organized under the law
for the enactment of ordinances and the adoption of resolutions for the governance of the
municipality .
WHEREAS, Article 103 of the Rules and Regulations Implementing the Local
Government Code of 1991 provides that local legislative bodies have the inherent right and
obligation to adopt their own rules of procedure for the proper discharge of legislative functions;
WHEREAS, in the maintenance of good order and according to its legislative functions,
specific rules must be adopted and enforced in its deliberations in the interest of effective
legislation;
Article 103 of the Rules and Regulations Implementing the 1991 LGC defines the
minimum requirements of the Internal Rules of Procedure.
D. ORGANIZING THE COMMITTEES
a. Creation of committees, which shall include but not be limited to the committees on:
Appropriation
women and family
human rights
youth and sports development
environmental protection
cooperatives
barangay affairs
Censured
reprimanded, or
excluded from the session,
suspended for not more than sixty (60) days, provided the penalty is approved by at
least a two-thirds vote of all sanggunian members; or
expelled, provided at least two-thirds approve the penalty of all sanggunian members.
The sanggunian must organize itself into work groups or committees to get work done
efficiently and on time.
Legislative Committee
It is a group tasked by the body or assembly to consider, investigate, or act on certain
matters or subjects of public interest.
Standing or Permanent Committees
are “tasked or assigned a continuing function and usually remain ‘standing’ or existing
co-terminus with the life of the body that created them.”
are created for:
o ordinance or resolution sponsorship
o undertaking public hearings on proposed measures in aid of legislation
o legislative review and referrals.
Special or Ad-hoc Committees
are created to perform an ad-hoc or specific task that does not fall within the jurisdiction
of a standing committee
cease to exist upon completion of its assigned task.
The following tools can be used to guide the sanggunian in organizing its committees:
In organizing the sanggunian committee system, the following points are essential to
consider:
1. Functions
Rules about committees must be defined in the Internal Rules of Procedure to ensure an
efficient and responsive legislative process. The following questions can help the sanggunian
determine its committees' structure, composition, function, size, and responsibilities.
The 1993 national survey results of the Bureau of Local Government Supervision of the
Department of Interior and Local Government identified 14 basic standing committees and their
jurisdiction, common to many sanggunians at various levels.
Committee Functions
Rules All matters relating to the Order of Business, the implementation of
national laws and enforcement of local ordinances, revision and
interpretation of the sanggunian Internal Rules of Procedure;
codification of local ordinances; committees and their jurisdiction; and
privileges and disorderly conduct of the members of the sanggunian.
Ways and Means All matters relating to taxes, fees, charges, and loans; study and revision
of tax measures; and generation of other sources and forms of revenue
from public and private sectors, including codification of revenue
ordinances.
Appropriations All matters relating to the approval of the budget, appropriation of funds
or payment of obligations; determination of personnel compensation;
reorganization of local offices; and allocation of funds for projects and
other services.
Education, Culture, All matters relating to education and culture, i.e., local schools, colleges
and Sports and universities, libraries and museums, nonformal and community adult
education; scientific and technological research; development and
advancement, preservation and enrichment of Filipino arts and culture;
promotion and protection of the youth’s physical, moral, spiritual,
intellectual, and social well being; the inculcation of patriotism and
nationalism among the youth and their involvement in public and civic
affairs; and all other related matters.
Environment and All matters relating to environmental protection, exploration,
Natural Resources development, utilization, and conservation of natural resources,
including flora and fauna, and beautification, cleaning, and greening of
parks and places of public interest.
Health and All matters relating to health, sanitation, and hygiene; health centers,
Sanitation medical hospitals, and clinics; purchase of medicine and other health and
sanitary measures.
Public Order and All matters relating to police matters, maintenance of peace and order,
Safety protective services, traffic rules and regulations, fire prevention and
control measures, jail management, human rights, and disaster
preparedness.
Food and All matters relating to agriculture, food production and agri-business,
Agriculture agricultural education, and extension services; animal industry and
livestock quarantine, farm credits; fisheries and aquatic resource
preservation and development of fishing grounds; and construction of
fish ponds, corrals, oyster beds, and regulatory measures to it.
Labor and All matters relating to labor disputes and conciliation, labor
Employment employment, and human resource development, maintenance of
industrial peace and promotion of employee-employer cooperation,
labor education, standards and statistics, and organization of the labor
market, including recruitment, training, and placement of workers for
employment, human resource promotion and development of labor-
intensive technology.
Transportation and All matters relating to the regulation of tricycles and the granting of
Communications franchises; construction, maintenance, repair, operation, and
management of public transportation utilities and other conveyances for
hire; establishment of vehicle stops, terminals, and garages; land water
and air transportation concerns; telecommunication and power services.
Public Works and All matters relating to planning, construction, maintenance,
Infrastructure improvement, and repair of public edifices; drainage, sewerage, flood
control, and protection; irrigation and water utilities; encroachments and
illegal construction in public places.
Women and Family All matters relating to women’s rights, including girl/child rights,
protection and welfare of women and families, measures to protect
working women by providing safe and healthful working conditions,
taking into account their reproductive functions, and such facilities and
opportunities that will enhance their welfare and potentials; measures to
protect the rights of spouses and children including assistance for proper
care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation and other forms of conditions prejudicial to
their development; measures to protect the rights of families to
participate in the planning and implementation of policies and programs
that affect them; and other assistance that will safeguard the
development of women and family.
Social Welfare and All matters relating to public and social welfare and ameliorative
Community services; public social services for the disadvantaged groups include the
Development elderly, the disabled, street children, drug dependents, criminal
offenders, and settlers.
Tourism, Trade and All matters relating to promoting, establishing, and operating all kinds of
Industry trade and industry, including tourism and cooperatives development and
other economic enterprises; inspection, weighing, and measuring articles
of commerce; consumer protection; accreditation of nongovernmental
organizations and people’s organizations.
Imagine a sanggunian without a secretary or staff. Who will take the minutes of the
sessions? Who will prepare the documents needed for the session? Who will assist members in
drafting ordinances? Who will invite participants to the committee hearing? Who will ensure that
ordinances are transmitted to the local chief executive for action? All these things and more are
the secretary's responsibilities to the sanggunian.
The question is: must the secretary do all these things by themself? The answer is “no” if
the mission of the sanggunian is to produce effective local legislation. Hence, a critical step in
organizing the sanggunian is setting up the Office of the Secretary, which is a key factor in
ensuring the efficiency of the legislative process.
a. is composed of the secretary and staff responsible for providing technical and
administrative services necessary for legislative work; and
b. is headed by the secretary to the sanggunian, appointed by the vice governor/vice
mayor.
Ideally, the secretary to the sanggunian acts as a manager with a team of technical and
administrative staff under their supervision to provide timely and relevant support to assist
sanggunian members in performing their multiple roles.
The following tools can help the sanggunian in setting up the Office of the Secretary:
Section 469 of the 1991 LGC defines the powers and duties of the secretary to the
sanggunian.
1. Legislative Research and Policy Unit – provides technical support to the sanggunian and
its committees to formulate draft legislative measures and codify ordinances. Staff should
have problem-solving, policy analysis, research, and ordinance drafting knowledge and
skills. Ideally, they have a background in economics, community development, political
science, public administration, public finance, and other social science disciplines.
2. Journal and Documentation Unit – documents, publishes and keeps the record of the
proceedings of sessions, including committee hearings and meetings of the sanggunian,
and prepares legislative information materials for the public.
3. Legislative Tracking and Monitoring Unit – records, monitors, and keeps track of
legislative measures the sanggunian considers, including their implementation by
executive agencies. The staff is responsible for recording titles of legislative proposals
filed and adopted and preparing reports on the implementation status of ordinances
enacted. Ideally, the staff has training or background in information technology or
computer systems as they are responsible for operating and maintaining the computerized
legislative tracking system of the sanggunian.
a. the ordinance formulated to provide the legal basis for policy implementation, and
b. the implementation of the policy or ordinance.
These factors highlight the two interrelated roles of the legislative body and the local
chief executive – legislation and policy implementation. One branch cannot function without the
other. Strong coordination and cooperation between the two branches is essential for the local
government to function well.
The LLEDAC comprises representatives from the legislative and executive branches and
is usually chaired by the LCE. It may also include civil society and private sector representatives
to ensure people’s participation in local governance.
The sanggunian may employ the following tools to initiate the creation of the LLEDAC:
The LLEDAC can assist the Local Development Council in determining and
recommending socio-economic development goals and policies that will guide the formulation
and implementation of the local development plan. As necessary, it may be convened to review
socio-economic developments.
The LLEDAC may be convened to identify and recommend policy priorities for the ELA
team to consider in formulating the ELA and the LA, subject to stakeholder consultations.
The LLEDAC may recommend legislative measures that must be certified as a priority
by the LCE, such as those in the ELA, including measures that respond to special situations or
circumstances, e.g., calamities, which may not have been included in either ELA or LA.
The LLEDAC can be a venue for checking when and how ordinances enacted by the
sanggunian are being implemented. It may also recommend amendments to ordinances or
changes to implementing rules and regulations to improve the effectiveness of implemented
programs. To do this, the LLEDAC may conduct or initiate studies to assess the effects of LGU
programs on the constituents.
The LLEDAC may recommend the basis for allocating the budget and review the
executive budget before it undergoes approval by the sanggunian. It also studies and evaluates
requests for supplemental budgets to be enacted by the sanggunian.
To ensure the participation of the communities in local government affairs, the LLEDAC
may conduct joint legislative-executive public or stakeholder consultations. This way, the people
see a common and united front working towards attaining the LGU vision for development.
The following steps are suggested for creating an LLEDAC in the LGU:
The sanggunian, thru the Vice Governor/Vice Mayor, presents a resolution requesting the
LCE to create a legislative-executive mechanism for regular coordination.
The sanggunian appoints members or a committee to draft the ordinance defining the
structure and functions of the LLEDAC.
The sanggunian, thru the Vice Governor/Vice Mayor, presents the draft LLEDAC
ordinance to the LCE to get the latter’s comments and support. At this juncture, the sanggunian
may also seek the support of the Planning and Development Officer as the focal person for
development priorities and programs.
The sanggunian adopts the LLEDAC ordinance and submits it to the LCE for approval.
The LCE appoints a team from the legislative and executive branches to draft the rules of
procedure to be adopted by the LLEDAC.
Tool 3 Sample Ordinance Creating the LLEDAC
ORDINANCE NO. 20
Series of 2003
Section 1. This ordinance shall be known as the “An Ordinance Creating the Local
Legislative-Executive Development Advisory Council (LLEDAC) of the Province of Capiz.”
Section 2. The provisions of this ordinance shall govern the creation of the Local
Legislative-Executive Development Advisory Council of the Province of Capiz.
Section 3. Composition. The Council shall be composed of the following: the Governor
as Chairperson; the Vice Governor as Co-Chairperson; all regular and ex-officio members of the
Sangguniang Panlalawigan; all department heads, including the SP Secretary; and all heads of
the national government agencies in the province as members. (Note: The LLEDAC may also
include representatives from civil society organizations and the private sector to ensure broader
citizen participation in local governance.)
There shall be an Executive Committee composed of the Governor as Chair, the Vice
Governor as Co-Chair, and five ((5) members. The Chair shall appoint two (2) members. The
Sanggunian shall elect three (3) members from among its members. The Provincial Planning and
Development Officer shall act as the Secretary to the Council.
Section 4. Functions
a. To determine and recommend socio-economic development goals and policies that shall
guide the formulation and implementation of the Provincial Development Plan;
b. To recommend to the Executive appropriate and necessary measures requiring enactment
by Sangguniang Panlalawigan;
c. To review the relationship of the legislative agenda to the executive agenda to ensure the
integration of both;
d. To receive and, in appropriate cases, require reports on and study measures to improve
the implementation of development assistance from multilateral and bilateral entities;
e. To monitor the implementation by the Executive of all resolutions and ordinances
approved by the Sangguniang Panlalawigan;
f. To assess the effect or impact of approved measures on the citizens and others concerned,
and
g. To report and recommend to proper officials or agencies the result of their work and such
measures it feels necessary and imperative to be undertaken.
Section 5. Meetings. The Council shall meet on the first Monday of every quarter. Each
member shall be notified of the time and place before the meeting. The Executive Committee
shall meet every first Wednesday of the month.
Section 6. Effectivity. This ordinance shall take effect 15 days after its approval.
I hereby certify the correctness of the foregoing Ordinance No. 20, Series of 2003.
ATTESTED:
APPROVED:
Section 2. The LLEDAC shall be an advisory and consultative body to the Local
Chief Executive and the Sangguniang Bayan on various socio-economic issues and concerns to
ensure consistency in coordinating executive and legislative development planning, budgeting,
and formulation and implementation of priority local policies.
a. To determine and recommend socio-economic development goals and policies that shall
guide the formulation and implementation of the municipal development plan.
b. To ensure the convergence of the legislative and executive-legislative agendas in
attaining a common vision for the municipality.
c. To receive and, in appropriate cases, require reports on and study measures to improve
the implementation of development assistance from multilateral and bilateral entities.
d. To monitor the implementation by the executive of all resolutions and ordinances
approved by the sanggunian.
e. To assess the effect or impact of approved measures on citizens and others concerned.
f. To report and recommend to proper officials or agencies the result of their work and such
measures it feels necessary and imperative to be undertaken.
RULE II : COMPOSITION
Section 4. The LLEDAC shall be composed of the Mayor as Chairperson; the Vice
Mayor as Co-Chairperson; and all regular and ex-officio members of the Sangguniang Bayan; all
department heads, including the SP Secretary; and all heads of the national government agencies
in the municipality as members.
Section 8. Every member shall attend all meetings of the LLEDAC unless they are
prevented from doing so because of sickness or other unavoidable circumstances provided that,
as a general rule, previous notice to it shall be sent to the LLEDAC thru the Presiding Officer or
the Head of the Secretariat.
Section 9. As a general rule, every member must vote on every question or proposed
matter being voted upon by the LLEDAC.
Section 10. Every member shall observe proper deportment and decorum during
meetings.
Section 11. The Presiding Officer – The Local Chief Executive as LLEDAC Chair
shall be the Presiding Officer of the LLEDAC and, as such, shall have the following rights and
duties:
Section 12. Quorum – A simple majority of all members of the LLEDAC shall
constitute a quorum. Without a quorum, the LLEDAC members may discuss the items in the
agenda and make the necessary recommendations for consideration in its next meeting.
Section 13. Schedule of regular meetings – The LLEDAC shall meet on the first
Monday of every quarter. The Executive Committee shall meet on the first Wednesday of the
month. The Members shall be notified of the time and place at least three (3) days before the
meeting.
Section 14. Special meetings – The Chair shall convene the LLEDAC to such special
meetings as necessary. Each member shall be notified of the date, time, and place at least one
day before the meeting.
Section 15. Venue – The meeting of the LLEDAC, whether special or regular, shall be
held in Sanggunian Bayan Session Hall unless otherwise specified by the Chairperson.
Section 16. Decisions and resolutions – The decisions of the LLEDAC shall be made
through the concurrence of a majority of the members constituting a quorum.
Section 17. Minutes of the meeting – The LLEDAC Secretariat shall prepare the
meeting minutes.
Section 20. Creation of clusters – The LLEDAC may form clusters or committees as
may be needed based on related sectoral or policy concerns.
Section 22. Meetings – The clusters shall meet at least once a month.
Section 23. The Office of the Secretary to the Sanggunian shall serve as the
principal secretariat of the LLEDAC.
Section 24. The Secretariat shall have the following duties and responsibilities:
a. Provide technical and administrative support to the LLEDAC and its subcommittees, if
any;
b. Determine and prepare the agenda for and minutes of the LLEDAC meetings;
c. Receive and prepare communications pertinent to the work of the LLEDAC;
d. Manage and maintain the official records of the LLEDAC;
e. Prepare the annual budget of the LLEDAC;
f. Prepare reports as required by the LLEDAC; and
g. Perform other duties as may be assigned by the LLEDAC.
Section 25. The LLEDAC shall be an advisory body to the Local Chief Executive. In
performing its tasks, it shall coordinate with the Sangguniang Bayan, the Local Development
Councils, the Local Special Bodies, and other existing advisory bodies on socio-economic
development, both in the executive and legislative branches.
Section 26. The LLEDAC may call on any government agency, private institution, or
resource person for assistance.
Section 27. The LLEDAC shall give special attention to measures that will:
Section 28. This Rules of Procedure may be amended at any regular meeting by a two-
thirds vote of all the members of the LLEDAC, provided that prior notice of such proposed
amendments is given to all members of the LLEDAC and provided further that no provision
herein which is based on, or prescribed by, existing laws shall be amended.
Section 29. These rules and procedures shall take effect upon approval.
CHAPTER 4
SANGGUNIAN AT WORK: THE LOCAL LEGISLATION CYCLE
The work of the sanggunian, referred to in this toolkit as the local legislation cycle,
involves more than just the approval of ordinances and resolutions. It involves other participatory
and knowledge-intensive tasks that require gathering and analyzing data from the community's
elected leaders, LGU personnel, and civil society leaders at various stages that form a cycle. This
section provides tools for performing the major tasks related to the four phases of the local
legislation cycle:
A key indicator of effective local legislation is local legislators' capacity to analyze the
community's problems and concerns, aggregate these, and focus efforts to address them in the
context of the community's available resources towards local development. This is essentially
what formulating a legislative agenda is about.
The following tools may be used in formulating and managing the LA:
The first step in the LA process is to organize an LA team to work on the details of the
LA. In organizing the team, the sanggunian has to decide whether the LA team will work jointly
with the executive through the ELA team or separately but parallel to the ELA team.
As illustrated in Tool 1, Steps 1 to 7 of the LA process can be undertaken jointly with the
executive through the ELA team or parallel to the ELA team. The LA and ELA processes
converge at Step 7. At this stage, priority legislative measures are identified and mutually agreed
upon by the executive and legislative branches to support priority development thrusts. The LA
process departs from the ELA process at Step 7, at which point the LA team conducts its
planning and advocacy for the LA.
The LA team may include other stakeholders that the sanggunian may identify as
strategic partners for LA implementation, such as representatives from the Local Development
Council, CSOs, and the private sector in the LGU.
The result of the study is usually a long list of needs and problems in the LGU, which
needs to be prioritized using participatory tools and techniques. To make the list manageable, the
issues can be clustered according to development themes derived from the Comprehensive
Development Plan (CDP) and the Local Governance Performance Management System
(LGPMS):
a. Social development
b. Economic development
c. Environmental management
d. Governance
e. Development Administration
The initial list of priority issues and concerns must be validated with a cross-section of
LGU stakeholders. Validation may be done by holding consultations with the following:
The next task is to revisit the vision and mission statement of the LGU. If none exists, it
is imperative to define the vision and mission of the LGU. Reviewing the LGU vision and
mission will give the LA team the strategic perspective to formulate the LA. The following
questions can guide the LA team:
Goals and objectives translate the LGU’s mission into more concrete and measurable
terms. They are statements of desired results. Goals are long-term results, while objectives are
immediate results that LGUs can attain. For example:
- Goal: To provide access to affordable and clean water for all households in the LGU.
- Objective 1: To install a potable water supply system in each barangay.
- Objective 2: To rehabilitate 50% of the existing water supply network in the
municipality.
Goals and objectives can impact the lives of the people in the LGU only if they are
translated into programs and projects. Many programs and projects are pursued with the best
intentions but not necessarily the most appropriate and responsive to the issues and problems
they seek to address. In this case, there is a need to “sift” through the initial short list of priority
issues and concerns identified in Step 2 and the corresponding ideas for policies, ordinances,
programs, and projects generated from multi-sectoral consultations conducted in Step 3.
The following parameters, tools, and techniques (e.g., SWOT analysis, stakeholder
analysis, etc.) described in the ELA Manual Facilitator’s Guide to prioritize programs and
projects can be used.
1. Impact and Relevance. Will the program/project directly contribute to the LGU’s vision
and mission?
2. Timeframe. Can the program/project be implemented within the LCE and the sanggunian
term?
3. Resource constraints. Can the program/project be implemented immediately, given
existing organizational and financial resources, technology, information, etc.?
4. Acceptability. Is the program/project acceptable to key stakeholders? Is there resistance
from influential groups?
5. Contribution to shared goals of cross-cutting development themes. Does the
program/project reduce poverty? Promote gender equality? Protect the environment?
Promote accountability and transparency among LGU officials. Promote peace and
unity? Engage the citizens to participate in local governance actively.
- knowledge, skills, and attitudes (e.g., drafting ordinances, policy analysis, codification of
ordinances, preparing issue or policy briefs, etc.)
- structures (e.g., creating a legislative research and policy unit in the sanggunian)
- systems and procedures (e.g., installation of a computerized legislative tracking system)
- policies (e.g., creating a Local Legislative - Executive Development
Advisory Coordinating Council)
- logistical needs (e.g., acquisition of computers for the sanggunian, legal reference books,
budget for xx number of committee hearings and committee meetings)
In identifying capacity development needs specific to the sanggunian, the LA team may
use the Capacity GAP Analysis Matrix in the ELA Manual, p.49.
Most programs and projects require ordinances and resolutions before executive agencies
can implement them. At this stage, it is imperative to identify which items in the list of priority
programs and projects require legislative action in the form of ordinances and resolutions.
Adopting Step 7 of the ELA process, the steps in determining legislative requirements are
as follows: (See Tool 3 for a sample format of the output):
In drafting the LA, the LA team must put together the highlights of the various outputs
from Steps 2 to 7. Tool 4 provides a template of an LA, which has the following elements:
LGU Vision:
LGU Mission:
Goals and Objectives:
1.
2.
3.
4.
6.
7.
8.
9.
10
The LA needs to be legitimized to accord it greater acceptability and validity. Thus, the
next step is for the sanggunian to present the draft LA in a multi-sectoral consultation. This
involves soliciting the support and commitment of stakeholders from civil society.
The LA team's role is to gather participants' comments and suggestions for public
consultation and use these to revise the LA before the sanggunian adopts it. After revising the
LA, use Tool 5 as a final checklist to determine if you have formulated a good LA.
This step involves the finalization of the LA into the Sanggunian’s roadmap or blueprint
for LGU development through a resolution. The sanggunian should unanimously adopt a
resolution to implement the LA within its term. By adopting a resolution, the sanggunian
declares its sincerity and commitment to give flesh and spirit to the LA by translating it into
responsive legislative measures.
RESOLUTION NO. 18
Series of 2003
WHEREAS, through the various programs and projects of the Philippines-Canada Local Government Support Program (LGSP), the
municipal officials of the Municipality of Sigma were able to formulate the Executive Agenda and the Legislative Agenda covering the period
2002-2004 and the Municipal Capacity Development Plan for the same period;
WHEREAS, the Executive Agenda sets the municipal government’s work plan and major thrusts for the next three years and provides
an explicit expression of the present administration’s goal, objectives, strategic priorities, and programs it will be implementing, as well as its
expenditure priorities based on the municipality’s Vision and Mission;
WHEREAS, the formulation of the Legislative Agenda is one of the priority capacity development requirements identified under the
Municipal Capacity Development Plan that qualified for LGSP assistance;
WHEREAS, the Legislative Agenda of this Sangguniang Bayan is supportive of the Executive Agenda, and it is an expression and
testament of genuine concern for the welfare of every Sigmahanon;
WHEREAS, the Executive and Legislative Agenda combined is this administration’s sincere invitation to all its constituents and
resource institutions to be its proactive partners in progress.
RESOLVED, to adopt as it hereby adopts the Legislative Agenda of the Sangguniang Bayan of the Municipality of Sigma.
RESOLVED FURTHER that copies of this resolution be furnished to all parties concerned for their information.
I hereby certify the correctness of the foregoing resolution, which the Sangguniang Bayan duly adopted during its Regular Session on
February 19, 2003.
(Sgd) GIOVANNI J. JARENCIO
Secretary to the Sanggunian
Attested:
Approved:
The LA can be the sanggunian’s advocacy tool. The sanggunian can use it to get the
community aware, interested, and involved in translating the LA into ordinances. It can also
serve as a marketing tool that the sanggunian can use to orient visitors and possible donors and
investors in the LGU. This can be done by producing copies of the LA in brochure form, which
the constituents can understand and appreciate.
Parts Content
1. Cover Page - Seal of the Municipality
- Name of the Sangguniang Bayan
- Title of Document: “Legislative Agenda of the
Sangguniang Bayan of , 2004-2007”
- Date of Adoption of LA
2. Table of Contents
3. Introduction - Message from the Vice Mayor/Vice Governor on what the
LA is about, its relation to the ELA, and its role in the
development of the LGU. The message may advocate for
the support of the community for LA.
- List the names of Members of the Sanggunian. Include
photos if possible.
- List of members of the standing committees.
- Municipal Base Map and Location Map
- General Profile of the LGU
4. Legislative Agenda - LGU Vision and Mission Statement
- Statement of Goals and Objectives
- The LA
5. Appendices - Resolution Adopting the LA
- Photo Gallery
6. Back Cover Page - Contact details for requesting information about the LA
Sangguniang Bayan of
Legislative Agenda
Calendar of Activities for CY 2004
After the sanggunian has formulated the LA, the next step is to translate the LA into
concrete ordinances and resolutions. At this stage of the local legislation cycle, it is time to “walk
the talk.”
Crafting ordinances is essentially about giving substance or flesh and form to ideas.
These ideas are generally about solving problems that affect the community and searching for
lasting and effective solutions to community problems. They will remain ideas if they are not
translated into ordinances. However, ideas must be further analyzed and discussed before they
can result in action. Viewed in this manner, a good ordinance requires two basic ingredients: 1)
sound policy analysis and research and 2) form.
Crafting ordinances may be done by the sanggunian member, secretary, or staff of the
sanggunian. It involves three major steps:
Step 1. Identifying and analyzing the policy problem.
Step 2. Gathering research-based information.
Step 3. Drafting the ordinance.
The following tools can help sanggunian in crafting ordinances and resolutions:
Before writing the ordinance, the drafter must be clear about the problem and how they
should solve it. This requires the drafter to define the policy problem by asking the following
questions of the proponent:
The ELA Manual describes several problem analysis methods that the sanggunian can
use, such as fishbone analysis and problem tree.
The fishbone analysis is a basic method for identifying, analyzing, and presenting
possible causes connected with a problem or condition. It is focused on presenting the contents
of a problem and creating consensus about possible solutions to the problem. The ELA Manual
Facilitator’s Guide, p. 20, provides the fishbone analysis steps.
The ELA Manual Facilitator’s Guide, p. 20, provides a sample fishbone analysis.
Rampant practice of
kaingin Illegal logging
The following preliminary step in ordinance drafting is gathering research data, which
can enhance the analysis of the policy problem and allow the generation of more alternatives for
choosing an appropriate solution to the problem.
Common research methods include interviews, surveys, and library research. However,
before undertaking a time-consuming interview or before launching a survey that could be both
expensive and time-consuming, it is best to seek data from statistical reports, management
records, and observations. The choice of research methods is determined by the type of
information needed, the time available for research, and the data availability.
Many data sources can be used to gather data for policy analysis. These include:
1. Statistical reports – provide demographic, economic, and social data; includes formal
statistical reports published regularly by government agencies, e.g., National Census and
Statistics Office, NEDA, etc.; and occasional data and reports published by public and
private organizations.
2. Management data – includes agency files, e.g., tax collection reports that may provide
historical or trend data.
3. Journals – provide the latest information and developments on various subject matters,
e.g., the University of the Philippines Journal of Public Administration, and can be
searched from libraries.
4. Indexes, abstracts, and guides – are library search methods; indexes list the contents of
journals, abstracts provide summaries of articles, and guides are annotated bibliographies,
often with an introduction to the subject area.
5. Newspapers – are significant sources of information on current policy issues; use only
reliable and credible newspapers.
6. Government publications – include newsletters, annual reports, and occasional papers
published by government agencies.
7. Legal searches – involves consulting a legal dictionary, e.g., Black’s Law Dictionary,
legal periodicals, casebooks, legal journals, etc.
8. Policy or research papers – published by government agencies, academic institutions, and
private research institutions or think tanks.
Writing or drafting the ordinance takes time, patience, and skill. Understanding the kinds
of ordinances and requisites of a valid and binding ordinance can help simplify the drafting
process and hopefully make the task easier. Knowing basic grammar and word usage rules is also
necessary to make the ordinance easily understood by those who will read or use it.
Tool 4 Elements of an Ordinance
1. Title
- The long title of an ordinance is the general description of what it does. It appears on the
first pages, just after the heading “An Ordinance.”
- The long title should always describe the ordinance’s main thrust. Suppose the ordinance
has other miscellaneous, minor, or unrelated items. In that case, they are usually handled
by simply adding “and for other purposes” just before the period at the end of the title.
- A short title should cover the ordinance's field; it is needed in major ordinances or codes
so they can be easily cited and referred to.
2. Enacting Clause
- The body or central provisions carry out the ordinance’s principal objective.
- The body consists of the statement of policy or purpose, definitions, structural or
administrative and reporting provisions, appropriations provisions, and reporting
provisions.
4. Penalty Clause
- The penalty clause is optional as it applies only to general and tax ordinances.
5. Transitional Provisions
- Transitional provisions are optional and most frequently used in tax and regulatory
ordinances.
- These provisions are the means to change from an old ordinance to a new one.
6. Repealing Clause
7. Effectivity Clause
- It specifies precisely when and how the ordinance will go into effect.
Tool 4 Kinds of Ordinances
For an ordinance to be valid must conform to the following cardinal rules 15:
- It must be in harmony with the Constitution, laws, statutes, and general principles of law
and equity; in a sense, it must be consistent with public policy and not contravene human
rights.
- It must be enacted in good faith, in the public interest, and designed to enable the LGU to
perform its functions.
- It must extend only to subjects or matters within the sanggunian's powers to enact.
- It must be reasonable in its terms.
- It must not be partial or discriminatory.
- It must not restrain but may regulate trade.
- It must be adopted by an authorized sanggunian, legally convened.
Like all good writing, good legislative language should be mechanically sound in
grammar, punctuation, and word usage. Following are some rules to follow in ordinance
drafting.
1. Consistency
2. Brevity
- Do not condense language unless doing so helps rather than hinders understanding. Omit
needless words, e.g., "pay” instead of “make payment.”
3. Sentences
- Avoid long sentences where short ones will say the same thing as well.
- Using two or three sentences to make a point is better in English than using one long,
possibly convoluted one.
- Where there are several unwieldy contingencies, make each contingency a separate
clause.
4. Tense
- Use the present tense. Say, “Any person who violates this ordinance shall be fined…”
instead of “If any person shall violate this ordinance, he/she shall be fined.”
- If a provision must include past and future events, the present tense should be used with
“before or after this act takes effect” inserted.
5. Mood
6. Voice
- Use the active rather than the passive voice. For example: say, “No person shall throw
garbage in the rivers” instead of “It is unlawful to throw garbage in the river.”
- Using active voice in provisions conferring powers or privileges or imposing duties helps
avoid vagueness.
7. Person
8. Number
9. Directness
- Where the same idea can be correctly expressed positively, express positively.
- The negative form “no person….unless….” is appropriate in mandatory provisions.
- Avoid unnecessarily modifying adjectives or explanatory phrases, e.g., “real” or “true.”
10. Punctuations
- Select short, familiar words and phrases that best express the intended meaning according
to standard and approved usage
- Avoid using the following terms and phrases:
The Center for Legislative Development developed the following questions to check the
construction, form, and style of a draft ordinance:
- Is the title short yet expressive of the general subject matter of the ordinance?
- Is the enacting clause in the ordinance at the proper point, and is it exactly correct in
form?
- Are definitions provided for those words used in the ordinance that do not have a fixed
and single meaning in normal usage and that might give rise to ambiguity in the
ordinance if not defined?
- If a definition is set out for a word, is the word used throughout the ordinance with
exactly the defined meaning?
- Is the ordinance written clearly and can be easily understood by those affected?
- Is the ordinance divided into sections and subsections in such a way as to achieve
maximum clarity?
- Are the substantive provisions of the ordinance logically arranged? Does the ordinance
accomplish its intended purpose?
- Does the ordinance do more than is intended?
- Does the ordinance create new problems without providing solutions?
- Does the ordinance affect existing ordinances without intending to do so?
- If the ordinance is intended to affect existing ordinances, are its provisions properly
integrated with such ordinances so that no conflicts arise in interpretation or
administration?
- Does the ordinance affect pending matters?
- If so, does it indicate their disposition?
- Are all statutory references in the ordinance accurate?
- Are all conflicting ordinances specifically repealed?
- Does the ordinance contain a properly phrased safety/ separability clause?
- Has a specific effective date been considered and a clause provided for it, or is the
ordinance desired to become effective upon passage?
Language can be used to discriminate against women, particularly if used in laws and
ordinances and parliamentary discussion and debate. The use of gender-fair language is an
important tool for promoting gender equality. The following rules in gender-fair writing, as
contained in Gender Fair Language, A Primer, are reprinted below.
C. CITING ORDINANCES AND CODES OF ORDINANCES
The next phase in the local legislation cycle is the enactment of ordinances and codes of
ordinances. An ordinance is deemed effective only when duly enacted by the sanggunian and
approved by the local chief executive according to a set of prescribed rules of procedure referred
to as the legislative process. All legislative measures go through the process before they are
approved and ready for implementation.
The enactment of ordinances involves two core activities or tasks of the sanggunian: 1)
the conduct of sessions and 2) the conduct of committee meetings and hearings. This section
provides tools for:
- understanding the legislative process
- conduct of sessions
- conduct of committee meetings and hearings
- codification of ordinances
The following tools may be useful to the sanggunian in enacting ordinances and codes of
ordinance:
Tools 1 and 2 describe the legislative process as a set of procedures that ensure the
participatory and transparent nature of legislative decision-making. It involves stakeholders
internal and external to the sanggunian, who play roles that influence the substance of the
ordinance. Internal stakeholders are sanggunian members, sanggunian secretary, and staff.
External stakeholders are the LCE, heads of administrative departments, civil society
organizations, and individuals.
Step 1. The measure is filed by a sanggunian member or group of members with the
secretary in its draft form.
Step 2. The secretary records the draft measure in a logbook with the following
information:
Step 3. The title of the measure is read on the first reading. If a measure is proposed by a
committee and presented with a report, it need not go through the first reading but is scheduled
for the second reading.
Step 4. The presiding officer assigns the measure to a committee that will study it.
Step 5. The committee conducts a meeting and hearing to hear the arguments for and
against the measure. Members of government agencies and nongovernmental organizations can
attend these.
Step 6. The committee takes action by reporting the measure. The committee's action is
either favorable or unfavorable.
- If favorable, the report is submitted to the committee on rules which calendars the
measure for the second reading.
- If the unfavorable measure is laid on the table, the author or authors are given notice
stating reasons for the action.
- To ensure that all measures are acted upon without delay, committees may be mandated
by the internal rules to prepare a report on whether action on a measure is favorable or
unfavorable. This will ensure no measure is left unacted and build the civil society
groups’ trust in the sincerity and capacity of the sanggunian to address community issues
and problems.
Step 7. The measure is read entirely on the second reading during a session.
Step 8. The committee that studied the measure sponsors it on the floor by explaining the
nature of the measure and recommending its approval by the body.
Step 10. The secretary prepares copies of the measure incorporating the amendments and
distributes these to the members at least three days before its third and final reading.
Step 11. The measure is voted upon on the third reading in the session.
Step 12. The approved measure is presented to the LCE for action. The LCE may
approve or veto the ordinance.
- If the LCE approves the measure, they affix their signature on every page.
- If the LCE vetoes it, the measure is returned to the sanggunian for reconsideration.
- The veto shall be communicated to the sanggunian within 15 days in the case of the
province and 10 days in the case of the city or municipality; otherwise, the ordinance is
deemed approved as if the LCE had signed it.
- The sanggunian may override the veto with a two-thirds vote of its members, making the
ordinance or resolution legal and binding.
Step 14. The secretary shall order the posting of the ordinance or resolution on a bulletin
board at the entrance to the city or municipal hall or the provincial capitol; and in at least two
conspicuous places in the LGU concerned not later than five days after its approval.
- The text of the ordinance or resolution shall be disseminated in Pilipino or English and
the Philippine dialect understood by most people.
- Unless otherwise stated therein, the ordinance shall take effect ten days from the date a
copy of it is posted.
- Ordinances with penal provisions shall be posted for a minimum of three consecutive
weeks and published in a newspaper of general circulation within the territorial
jurisdiction of the local government unit concerned, except in the case of barangay
ordinances. Unless otherwise provided, the ordinance shall take effect the day following
its publication or at the end of the posting period, whichever occurs later.
“Does the Sanggunian enact it assembled that…” This phrase captures the importance of
the sanggunian acting as a collegial body in approving an ordinance or resolution. In short, an
ordinance can only be valid if enacted by a sanggunian assembled in a session. The conduct of
sessions, therefore, is an important activity of the sanggunian and must be guided by clear
procedures.
A session refers to a single meeting or a series of meetings that may last for one-half day
or several days until the meeting's purpose is transacted.
1. Call to Order. The Presiding Officer calls the session to order by banging his gavel and
saying, “The session is called to order.”
2. National Anthem and Invocation. This is optional for legislative bodies.
3. Roll Call. This is done to determine if a quorum exists. A quorum is the number of
sanggunian members who must be present at a particular session to transact legislative
business legally.
4. Privilege Speech. In this part, any sanggunian member may speak on general interest.
5. Question Hour. This refers to the appearance of a department head before the sanggunian
to answer questions about his department.
6. First Reading and Referral of Measures and Communications. This refers to the part of
the meeting where important documents, such as proposed ordinances, resolutions,
petitions or requests, and other communication, are referred to specific committees for
action.
7. Committee Reports. Committee reports are read by number, title, and subject matter,
together with the committee's recommendations.
8. Calendar of Business. This is the core of the session and consists of the following:
9. Business on Third and Final Reading. This refers to the ordinances and resolutions
approved on a second reading and scheduled by the sanggunian for a final vote.
10. Other Matters. In this part, the sanggunian may discuss other matters not included in the
business calendar.
11. Adjournment. To adjourn means to end a session.
Regular Session
Sanggunian Hall,
, 20 , AM/PM
ORDER OF BUSINESS
I. Call to Order
II. National Anthem and Invocation
III. Roll Call
IV. Reading and Consideration of the Minutes of the Session
V. Privilege Hour
VI. Question Hour
VII. First Reading and Referral of Measures or Communications
a. Proposed Ordinances
b. Proposed Resolutions
c. Petitions or Requests
d. Other Communications
VIII. Committee Reports
IX. Calendar of Business
a. Unfinished Business
b. Business of the Day
c. Unassigned Business
X. Business on Third and Final Reading
XI. Other Matters
XII. adjournment
Committee members must meet as a group, study legislative proposals, solicit the public's
views, and make recommendations about the measures contained in a committee report.
Committee members also must conduct a committee or public hearing to solicit the views and
positions of constituents and organized groups in your LGU on legislative proposals. More often
than not, hearings are held only to consider tax or revenue ordinances as the 1991 LGC
mandates.
NGOs, POs, and resource institutions such as academe and professional associations,
among others in your LGU, may have research information to share on specific policy issues
being considered in your sanggunian. Many are only waiting to be invited by the committees to
share their expertise and opinions. To assist the sanggunian in identifying resource persons for
committee hearings or meetings, prepare a “CSO Yellow Pages,” a specialized directory of civil
society groups in the LGU grouped according to their sector or area of interest. The sanggunian
can start building one by using attendance or participants list from public hearings conducted by
the sanggunian or by surveying to gather the information needed.
SUBJECT:
(Sgd)
Committee Chair
CONCURRING: DISSENTING:
(Sgd) (Sgd)
Member Member
(Sgd) (Sgd)
Member
ABSTAIN:
(Sgd)
Member
APPENDICES:
e.g., Minutes of Public Hearing and Committee Meetings and Attendance Sheet
Members Present:
1.
2.
3.
Members Absent:
1.
2.
CERTIFIED CORRECT:
(Sgd)
Secretary to the Sanggunian
ATTESTED:
(Sgd)
Committee Chair
The CSO Yellow Pages is a specialized directory of civil society groups in the LGU
grouped according to their sector or area of interest and the service they provide.
SECTOR:
ORGANIZATION SERVICES CONTACT PERSON CONTACT
PROVIDED AND DETAILS
POSITION
List the organizations Indicate the type of Indicate the name of Indicate the following:
in alphabetical order. services or activities of the head of the Address
each organization, organization and Telephone No., Fax
e.g., research, policy position. This section No./ Cell phone No.
advocacy, health should be updated from Email Address
service delivery time to time
SECTOR:
4. Codification of Ordinances
The job of local executives and law enforcers is often made difficult due to the lack of
coherency and consistency of laws and regulations being implemented, as well as convenient
access to the information contained in the laws. The sanggunian can remove these obstacles as
the source of legislative enactments through codification.
Codification is organizing and arranging all local laws and regulations of a general and
permanent nature into a Code. It is a process of collecting, classifying, revising, and
supplementing ordinances of the LGU. It is a systematic process resulting in a new enactment – a
code of ordinances. Ordinances are codified to provide convenience, completeness, clarity, and
consistency in enforcing ordinances. Local law enforcers, for instance, need only refer to one
document or code and find what they need quickly because the information is arranged
systematically and logically.
The sanggunian can initiate codifying general and special ordinances by adopting a
Resolution Creating a Technical Committee on Codification (TCC). The committee is expected
to function as a technical working group responsible for undertaking research and drafting the
code. Members may come from the sanggunian, executive departments, and civil society
organizations in the LGU. To guide and monitor the work of the TCC, an action plan on
codification may be prepared by the TCC in consultation with the sanggunian.
This section of the toolkit contains four different codes enacted by selected LGUs. The
following codes may be used as reference material and adapted to suit the conditions of a
specific LGU.
This can be done by adopting a resolution or executive order and creating an ad-hoc
committee or technical working group composed of selected members of the sanggunian and
representatives from the executive department and civil society organizations, e.g., environment
groups for the Environment Code. The resolution will serve as a tool for ensuring the support
and commitment of the LCE considering the required investments in human, material, and
financial resources in the codification.
As soon as it is organized, the TCC members should agree on an Action Plan for
Codification, including activities/tasks, timeframe, and person/s responsible.
Step 2. Research
Before the draft code is presented in a public consultation, the committee should carefully
review and revise the provisions as necessary. The committee should look for the following:
The draft code may undergo several revisions before it is presented in several public
consultations, which should have multi-stakeholder participation. This way, the TCC will get
different perspectives and inputs on how the proposed code can be improved to impact the lives
of workers, farmers, women, children, the youth, and the elderly, among others.
Step 6. Adoption
To complete the codification process, the code must be enacted by the sanggunian as an
ordinance, superseding and repealing prior laws. A legislative action to adopt the code is
necessary to:
- establish the code as the official body of law in the LGU, e.g., on environmental
protection and management
- provide for a future process of enactment
- Ratify any substantive or non-substantive changes made during the revision process and
give a point in time when the legislation was amended
- provide an effective date for the codification and the revisions to begin enforcement of
new or altered provisions or to begin referring to or amending the new organization and
numbering
- allow for provisions generally applicable to the entire code, such as general severability
sections, common definitions or general rules of construction, and general penalty
provisions if applicable.
- Repeal regulatory legislation not included, providing a ‘clean’ codification or a starting
point.
- Approve the renumbering and reorganization of the legislation,
- provide for the maintenance of the code, and establish the process of updating.
WHEREAS, it is the mission of the Sangguniang Bayan to enact quality and substantive legislation that
will promote the general welfare and development of their communities,
WHEREAS, the Sangguniang Bayan finds the need to codify ordinances to provide coherent, clear, and
convenient access to ordinances relating to environmental management, gender and development, and general
ordinances in the municipality.
WHEREAS, a code of general ordinances, environment code, and gender and development code are
envisioned to address urgent policy and administrative concerns of the municipality,
WHEREAS, a Technical Committee on Codification (TCC) is needed to take the lead in the formulation of
the codes of ordinances and is specifically tasked to:
a. undertake steps necessary for the retrieval of ordinances, executive orders, and resolutions for analysis and
classification of such;
b. undertake legislative research in support of current development programs of the provincial/municipal
government;
c. formulate the draft Code of General Ordinances, Environment Code, and Gender and Development Code
for submission to the Sanggunian for enactment;
d. conduct the necessary steps before the enactment of the General Ordinances, Environment and Gender and
Development Codes, and
e. assist the Sanggunian in conducting various public consultations and information dissemination activities
concerning these Codes.
WHEREAS, the task of codification shall be done in a participatory manner. For this purpose, the TCC
shall be composed of representatives from the Sanggunian, the Office of the Mayor and administrative departments,
and civil society organizations in the municipality.
Overall Chairperson:
Code of General Ordinances Chairperson:
Members:
1.
2.
3.
RESOLVED, to create as it hereby creates the Technical Committee on Codification of the Municipality of
,
RESOLVED FURTHER that copies of this resolution be furnished to all parties concerned for their
information and guidance.
ADOPTED. , 2003
I hereby certify the correctness of the foregoing resolution, which the Sangguniang Bayan duly adopted
during its Regular Session held in 2003.
(Sgd.)
Sanggunian Secretary
ATTESTED:
(Sgd.)
Presiding Officer
APPROVED: Date :
(Sgd.)
Mayor
Tool 9 Template: Action Plan for Codification
From to
PERSON/S
TIME FRAME
ACTIVITIES/TASKS RESPONSIBLE
START END
1. Research
2. Organization
3. Preparation of Draft Code
4. Submission of Draft to SB and
Committee
5. Public Hearings
6. Preparation of Committee Report
7. Second Reading
8. Third Reading/Final Voting
9. Approval by LCE
Prepared by:
In listing ordinances, starting with the most recent to the oldest is easier and faster. The
status of the ordinance may be indicated as original, amendment, repealing, or obsolete.
What happened to the new tax ordinance the sanggunian enacted last year? Did it result
in increased revenues? Did the city government acquire the lot intended for resettlement for
which the sanggunian made appropriations? How many households are benefiting from the new
water supply program? How did the city Department of social welfare and Development spend
the budget we approved last year? These questions are asked when a legislative body exercises
its “legislative oversight” role.
This section describes some of the oversight techniques available to the sanggunian.
The sanggunian, in its oversight activities, may use the following techniques:
1. The LLEDAC
The LLEDAC can also serve as a venue for a joint review of the local budget before it is
enacted and a joint review and monitoring of the Executive-Legislative Agenda.
Each sanggunian committee may invite its counterparts in the executive department to
brief its members on the status of a program it wants to evaluate. For instance, the committee on
trade and industry may invite the members of the local tourism board to present a report on the
implementation of its tourism program. Meetings of this type can be scheduled on a monthly or
quarterly basis.
Sanggunian committees should also make a regular practice of getting resource persons
from the local executive departments for their committees or public hearings. This way, the
committee gets the information it needs but also provides an opportunity for the public attending
the hearing to ask questions and make suggestions on improving government program
implementation.
IRRs are formulated to implement an ordinance. By taking an active part in the drafting
and reviewing of the IRRs, the sanggunian, through its committees, can perform their oversight
duties.
4. Sunset Provisions
5. Fiscal oversight
The sanggunian can utilize several oversight procedures during the appropriations
process. It can enact a statutory reporting requirement in the ordinance that submits performance
or spending reports of a local agency, for example, to the sanggunian mandatory.
The budget authorization process involves substantial interaction between legislators and
department heads. It allows the sanggunian to carry out legislative oversight throughout the
budget or appropriations ordinance hearings. If done seriously, the budget hearings can provide
the sanggunian with valuable data on how a department spends its budget to implement its
programs.
A legislative monitoring tool is a simple form that the sanggunian technical staff can
complete. The tool's purpose is to track the progress of an ordinance after it is enacted and to
determine how local executives are implementing it. The tool should be updated periodically,
e.g., every six months, to provide the sanggunian with information about the implementation of
ordinances.
Sangguniang Bayan
LEGISLATIVE TRACKING AND MONITORING UNIT
Period Covered: _____________________
Getting constituents, the private sector, and civil society organizations such as NGOs,
POs, the academe, and professional associations in the LGU involved in the work of the
sanggunian is both a responsibility and a challenge. It involves 1) awareness-raising on areas and
mechanisms for participation, 2) making existing legislative mechanisms work, and 3)
developing innovative tools to encourage and sustain participation in legislative decision-
making.
This section contains information and tools for getting citizens involved in sanggunian
work.
The sanggunian must get citizens and civil society organizations to participate in
legislative activities: actively.
CSOs, especially people’s organizations, have direct links with the grassroots because of
the services they provide to the community, e.g., health, and education, among others.
The private sector and CSOs have access to resources – research-based information, time,
staff, and funds – that may be useful to policymaking.
It is the responsibility of the sanggunian to make citizens aware of the mechanisms and
venues that allow them to participate in legislative decision-making. These include:
1. Committee meetings
Committee meetings are generally open to the public unless declared as closed-door
executive meetings. They can be maximized by establishing links with concerned sectors
and regularly involving them in committee deliberations.
2. Committee hearings
Committee hearings are also called public hearings because they aim to consult
stakeholders and experts in the LGU on proposed ordinances or matters relevant to
legislation. These legislative matters should not be limited to considering tax measures
but include all other measures that may affect the LGU. The sanggunian can maximize
the process by giving the concerned sectors or stakeholders timely information and
advice before the committee hearings, e.g., committee hearing schedule, agenda, and
advice to prepare presentation materials or position papers.
3. LA Formulation
Public consultations and workshops designed to build support for the Legislative Agenda
are effective means of getting citizens aware of the Sanggunian’s vision and sincerity in
its work. This is discussed in detail in Part 2 of the toolkit.
4. Budget Hearings
Citizens’ interest in the budget process can be encouraged by inviting the concerned
sectors and the public to local budget hearings. This process takes off from ensuring that
the local development council, the mandated planning structure, comes up with a
recommended set of priority programs and projects to be considered in the budget. Local
budget hearings validate or ensure the consistency of the LGU’s budget with local plans
articulated in terms of programs and projects.
5. Accreditation
Several tools can be used by a sanggunian to reach out to its constituents, the private
sector, and civil society groups and to get them involved in legislative decision-making. They
can help raise public awareness about the work of the sanggunian and enhance the public image
of the sanggunian and, consequently, politics and politicians in general.
The sanggunian may publish a simple brochure or pamphlet containing information about
the mission of the sanggunian, its members, the legislative agenda, a flowchart of the local
legislative process, the schedule of sanggunian sessions, things that citizens can do to help the
sanggunian, among others.
By distributing this information material to the public, the sanggunian sends a message
that it has a mission, a plan, or a program of action and is committed to getting citizens involved
in implementing them.
The local media – newspapers, reporters, and radio and television stations - are effective
means to get the public to know about the work of the sanggunian. Reporters, journalists, and
other media agents should be encouraged to cover sanggunian sessions and committee hearings
and report on these in the media. The sanggunian or a spokesperson for the sanggunian should
thus be willing and ready to share information through press releases, media interviews, or media
conferences.
Tool 4 Website
The sanggunian can have its own “corner” on an LGU’s website. It may contain
information about the sanggunian, the local legislative process, and sanggunian activities such as
committee hearing schedules and agendas. This information can encourage constituents, the
private sector, and civil society organizations to participate in legislative decision-making. The
sanggunian can make this happen by creating an “e-governance” policy and getting the support
of the LCE to establish an official LGU website.
A good example is the homepage of the Sangguniang Panlungsod of Naga which can be
accessed at: http://www.naga.gov.ph/cityhall/sp.html. The page contains information about the
following:
a. sanggunian members and their key policy interests
b. functions of committees
c. Names of committee members
d. The complete text of approved ordinances, resolutions, and executive orders
e. agenda for committee meetings and hearings
The sanggunian may send a generic letter to constituents regularly, monthly, quarterly, or
annually. The letter should not only highlight the accomplishments of the sanggunian but
encourage constituents to provide feedback on government programs to their representatives in
the sanggunian.
The sanggunian can bring itself closer to the people and help generate an appreciation of
the sanggunian’s work. This can be done by holding regular or special sessions at least once a
month in the barangays or the puroks. This way, the sanggunian visits and meets with the
barangay leaders, community leaders, and residents more often. This mechanism can be further
maximized by organizing activities as side events that attract people to see and observe the
sanggunian session being held in their barangay, e.g., a mini-trade fair.
The sanggunian can contribute to public and citizenship education among the youth by
organizing short visits or tours for students or any group interested in learning about the work of
the sanggunian and other key local government officials. This can be done by inviting schools to
send students to visit the municipal/city hall or the provincial capital. During these visits,
students can interact with key municipal government officers and observe a committee hearing
or sanggunian session firsthand. This exposure helps make the youth aware of the local
government’s role. It builds social consciousness and responsibility among the youth, which is
critical to the success of local government programs.
CHAPTER 6
ASSESSING THE WORK OF THE SANGGUINIAN
This section provides tools to help the sanggunian measure its performance as an
institution:
Much of the data this instrument can gather can be published, e.g., the number of
ordinances and resolutions passed, number of committee meetings held, accomplishment rate of
the legislative agenda, programs resulting from ordinances, and attendance records of
sanggunian members, among others.
The sanggunian can use the information generated from the LLPAF to improve
performance in the four domains or key result areas. These domains include:
1. Legislation Domain –formulating and enacting legislative measures and the legislative
agenda. It measures the following:
- Quantity of legislation
- Quality of Legislation
- Implementation of the Legislative Agenda
- Legislators performance record
- Legislative-executive mechanisms
- Vetoed and overridden ordinances
- Hearings and investigations conducted
INSTRUCTIONS
The LLPAF is a self-assessment tool that your sanggunian can use to measure its
performance in three years. Your sanggunian is encouraged to answer this questionnaire in a
group, assisted by the secretary to the sanggunian. Your responses to this instrument may be in
the form of:
- Numbers
- “Yes” or “No”
- List of items
When a list of ordinances is requested, please provide descriptive headings, not just the
ordinance numbers.
LGU INFORMATION
LGU:
Sanggunian Secretary:
Province:
Address:
Period Covered:
Legislation Domain
1. Quantity of Legislation
a. Presence of a clearly and concisely written Legislative Agenda (please check the
appropriate box for yes or no)
b. Percentage of measures in Legislative Agenda adopted (divide b. two by b.1)
c. List titles of ordinances enacted and programs resulting from these that reflect and
address perceived issues and needs of LGU related to (please include appropriation
ordinances):
d. Titles and several resolutions adopted that reflect and address the perceived issues
and concerns of local government related to:
3. Legislators’ Performance
b. The average number of committee meetings held by each committee (divide b. one by
b.2)
What do you think are your STRENGTHS in What do you think are your AREAS FOR
the Legislation Domain? DEVELOPMENT in the Legislation Domain?
Indicate the frequency of use of methods to solicit input/comment of public and NGO experts on
the subject of the ordinance.
3. Consultative Events
a. Several consultative events (i.e., public consultations, public hearings, focus group
discussions, community needs assessment surveys) were conducted on proposed
ordinances.
4. Stakeholders
Name Sector
d. List policy proposals presented by civil society organizations before the Sanggunian and
their status.
What do you think are your STRENGTHS in What do you think are your AREAS FOR
the Accountability and Participation Domain? DEVELOPMENT in the Accountability and
Participation Domain?
Yes No
Yes No
a. List titles of Codified Ordinances (e.g., Tax, Zoning, etc.) enacted by the sanggunian.
Yes No
4. Legislative Documentation
Yes No
Yes No
What do you think are your STRENGTHS in What are your AREAS FOR
the Institution Builder Domain? DEVELOPMENT in the Institution Builder
Domain?
INTERGOMENTAL RELATIONS DOMAIN
Instructions:
Center for Legislative Development, Training Materials for the Seminar-Workshop on Local
Legislative Agenda Development Course, May 1999, Iloilo City, sponsored by LGSP VI.
Dihan, Reverendo. Handbook on Local Legislation, Revised Edition. Manila: MaryJo Publishing
Inc. 1998.
DILG, NCRFW, WIN and UNICEF. Moving Forward with GAD, A Handbook on Gender and
Development for the Sanggunian Committee on Women and Family. (updated)
Filson, Lawrence. The Legislative Drafter’s Desk Reference. Washington D.C. Congressional
Quarterly, Inc. 1992
Kintanar, Thelma. Gender-Fair Language, A Primer. UP Center for Women’s Studies. 1988. The
Local Government Code of 1991.
United Nations Centre for Human Settlements, Perspectives in Training Elected Leaders,
Nairobi, Kenya, 1992.
United Nations Development Programme, Human Development Report, New York: Oxford
Press, 1997.
Wight, Colleen. Codification of Town Local Laws and Ordinances, General Code Publishers
Corp. http://www.generalcode.com/present2.html.
SYLLABUS
Curriculum Guide
Course Code:
Course Title: Public Policy and Program Administration
Course Description:
Course Credit: 3
Prerequisite: None
Course Objectives:
Course Matrix
Module Map