FUNDAMENTALS OF LOCAL LEGISLATION

CHAPTER I

UNDERSTANDING LEGISLATION in GOVERNANCE

“GOVERNANCE” is a generally inclusive term referring to “the manner in which sovereign power is exercised in the management of a state’s socio-economic resources for sustainable development and well-being of the sovereign.”

“Governance” is an exercise of sovereign powers either directly by the sovereign or through instrumentalities constituted and authorized by them for the purpose through republicanism. Governance embraces all aspects and phases of the sovereign’s life. Governance is the principle function of “Government”, the instrumentality by which the will of the sovereign is exercised.

GOVERNMENT and GOVERNANCE

The notion of “GOVERNMENT” is intertwined in the political concept of a STATE. It is, in fact, one of the indispensable elements of that concept, through which the will and aspirations of the sovereign, the PEOPLE, are pursued and achieved within the “rule of law”. “Government” is a creation of sovereignity and as such owe its uncompromising loyalty and accountability to that sovereignity. It is a structured pattern of relationship where sovereign authority and power is lodged in specific offices, agencies and instrumentalities to be exercised for the promotion of the general welfare of the sovereign. From this precept is founded Section 1, Article XIII of the Constitution providing that “public office is a public trust. Public officers shall, at all times, be accountable to the people.” The element of “SOVEREIGNITY” , the supreme authority within the “TERRITORY” of the State, belongs to the PEOPLE. “Sovereignity resides in the people and all governmental authority emanates from them.” The manner by which the sovereign exercises their power and authority in managing their socio-economic resources for development constitutes “Governance”.

The well-established principal functions of Government in a body polity under the standard of “rule of law” are three-fold, namely:

1) The function of making the “law” or legal framework; 2) The function of enforcing the “law”; and 3) The function of interpreting the “law” and applying said interpretation in the resolution of a dispute brought before it.

Each set of public office within each function is designed as a sub-system of the whole operating structure of a government in any body polity. Under our legal set-up, we have a national government and local governments.

The current legal framework established in the present Constitution, as a means of operationalizing the guarantee of “genuine and meaningful local autonomy” for local government units, constitutes each local government unit (LGU) as a sub-body politic. For this purpose, there is established in each LGU a “local government” through which the will of the sovereign Filipino people in general and its constituency in particular, shall be operationalized and achieved.

Indispensability of a “Legislative Body” in a local government unit

Section 14 of RA 7160 provides:

“Section 14. Beginning of Corporate Existence of a Local Government Unit. When a new localgovernment unit is created, its corporate existence shall commence upon the election and qualification of its chief executive and a majority of the members of its sanggunian, unless some other time is fixed therefore by the law or ordinance creating it.”

An LGU cannot begin its corporate existence in the absence of a functional legislative body upon which the legislative power, duty and function of the LGU as a body polity is entrusted. Consequently, the minimum number of members, i.e., “majority of the members of the legislative body” is deemed sufficient for the purpose. This also emphasizes the indispensability of “legislation”, the principal function of the legislative body, in the corporate life and operations of an LGU.

LEGISLATION

“LEGISLATION”, misleadingly defined as “the act of proposing or making the law”, is essentially one of the three (3) major functions of any government, hence, an indispensable function in governance. Its indispensability is emphasized in the operationalization of the “rule of law” principle enshrined in the 1987 Constitution prescribing a standard upon government in this wise: “ We, the sovereign Filipino people, . . . establish a government that shall embody our ideals and aspirations, promote the common good….under a rule of law…” The quality of legislation defines the quality of governance because the essence of legislation is intimately and indispensably intertwined with the dynamics of governance. Moreover, “legislation” is an act by, of and for the sovereign through an instrumentality called “legislative body” as enunciated in the Constitution…“Sovereignity resides in the people and all governmental powers emanate from them.” ! “Sovereignity is the supreme authority in a body polity” being the repository of all powers in the body polity. Legislation, therefore, is an exercise of sovereignity! Such being the sensitivity of legislation, said function is exclusively assigned to a select group constituted into a single department or instrumentality of government called “legislative body”. Its collegial exercise and discharge of legislative functions is strictly and zealously guarded with Constitutional standards of which non-compliance by the instrumentality will render the legislative act null and void.

From the above, therefore , “LEGISLATION” is essentially “the PRESCRIBED PROCESS whereby the SOVEREIGN, through its “legislative body,” AUTHORIZES the EXERCISE of the GOVERNMENTAL and CORPORATE POWERS as well as the USE and DISPOSITION of RESOURCES of the STATE for the welfare of the sovereign.”

CHAPTER II

LOCAL GOVERNMENT UNITS UNDER THE 1987 CONSTITUTION

Local Government Units (LGU) have progressively evolved in role and functions in the course of the political history of our body polity. The 1987 Constitution devotes an Article (Article X) on Local Government Units which defined them as “territorial and political subdivision of the Republic of the Philippines.” Each LGU as a “POLITICAL SUBDIVISION” of the Republic, namely: Province, City, Municipality and Barangay” is engaged in local governance within its territorial jurisdiction. Section 5 of Article X mandated Congress “to enact a Local Government Code that defines the attributes and allocates to each LGU their respective powers; term and qualifications as well as duties and functions of its officials; etc.”

In compliance to the Constitutional mandate, Congress enacted a Local Government Code (Republic Act 7160) to codify, among others, all disparate attempts of the national government to lay the legal framework by which the Constitutional policy of “genuine and meaningful local autonomy” for local government units shall be pursued under the rule of law.

Local communities within each local government unit, through the statutory grant of more power and authority as well as resources, is intended to be empowered to pursue its self-reliance and to become effective partners of the national government in the attainment of national goals. (Section 2, RA 7160)

Constitutional evolution of local autonomy

“X x x , it is well to note that the principle of local autonomy, while concededly expounded in greater detail in the present Constitution, dates back to the turn of the century when President William Mckinley, in his Instructions to the Second Philippine commission dated April 7, 1900, ordered the new Government “to devote their attention in the first instance to the establishments of municipal governments in which the natives of the islands, both in the cities and in the rural communities, shall be afforded the opportunity to manage their own affairs to the fullest extent of which they are capable, and subject to the least degree of supervision and control in which a careful study of their capacities and observation of the workings of native control show to be consistent with the maintenance of law, order and loyalty.” “While the 1935 Constitution had no specific article on local autonomy, nonetheless, it limited the executive power over local government units to “general supervision”… as may be provided by law.” Subsequently, the 1973 Constitution explicitly stated that “(t)he State shall guarantee and promote the

autonomy of local government units, especially the barangay, to ensure their fullest development as self-reliant communities” An entire article on Local Government was incorporated therein.” “The present Constitution, as earlier opined, has broadened the principle of local autonomy. The 14 sections in Article X thereof markedly increased the powers of the local governments in order to accomplish the goal of a more meaningful local autonomy. Indeed, the value of local governments as institutions of democracy are measured by the degree of autonomy that they enjoy. Our national officials should not only comply with the constitutional provisions on local autonomy but should also appreciate the spirit and liberty upon which these provisions are based.” (Province of Batangas vs Romulo, G.R. 152774, May 27, 2004, EN BANC. As cited by Alberto C. Agra in “Case Law on Local Autonomy and Local Governance,” p. 2)

LOCAL GOVERNMENT UNITS and LOCAL AUTONOMY

Nature and Attributes of Local Government Units

Local Government Units (LGUs) are creatures of law . As such, their juridical nature and attributes as vested by law cannot be expanded or restricted. The evolution of jurisprudence on this aspect can be very instructive:

“Municipal corporations have only such powers as are expressly delegated to them and such other powers as are necessarily implied from such express powers.” ( “United States vs Yen Yu”, G.R. 7482, December 28, 1912, EN BANC);

“Municipal corporations are mere creatures of Congress. They possess, and may exercise, only such powers as Congress may deem fit to grant thereto. The Charters of municipal corporations (like cities and GOCCs) should not be construed in the same manner as Constitutions.” ( “Unson vs. Lacson”, G.R. L-7909, January 18, 1957, EN BANC);

“In its strict and proper sense, a municipal corporation is a body politic established by law partly as an agency of the state to assist in the civil government of the country, chiefly to regulate and administer the local internal affairs of the city, town or district which is incorporated.” ( “Social Security System Employees Association vs. Soriano”, G.R. L-18081, April 30, 1963, EN BANC);

“Municipal corporations perform twin functions. Firstly, they serve as an instrumentality of the State in carrying out the functions of government. Secondly, they act as an agency of the community in the administration of local affairs. It is in the latter that they are separate

entities acting for their own purposes and not as subdivisions of the State.”( “Lidasen vs COMELEC,” G.R. L-28089, Oct. 25, 1967, EN BANC; “City of Manila vs IAC, G.R. L-22766, Aug. 3, 1968,

EN BANC)

“Municipal corporations are creatures of Congress and as such may exercise only such powers as Congress may deem fit to grant.” (“Favis vs. City of Baguio”, G.R. L-29910, April 25, 1969, EN BANC);

“Municipal corporations in the Philippines are mere creatures of Congress; That, as such, said corporations possess, and may exercise, only such power as Congress may deem fit to grant thereto; that Charters of municipal corporations should not be construed in the same manner as Constitution.” ( “Enriquez vs. Secretary of Finance”, G.R. L-24402, April 30, 1969, EN BANC);

“In a unitary system of government, such as the government under the Philippine Constitution, local governments can only be an infra-sovereign subdivision (i.e., “territorial and political subdivision”, Sec. 1, Art. X) of one sovereign nation, it cannot be an imperium in imperio. ( empire within an empire). ( “Basco vs. Philippine Amusement and Gaming Corporation”, G.R.91649, May 14, 1991, EN BANC);

“Ours is still a unitary form of government, not a federal state. Being so, any form of autonomy granted to local governments will necessarily be limited and confined within the extent allowed by the central authority. Besides, the principles of local autonomy under the 1987 Constitution simply means decentralization. It does not make local governments sovereign within the state or an imperium in imperio ( empire within an empire).”

“Municipal governments are only agents of the national government. Local councils exercise only delegated legislative powers conferred upon them by Congress as the national lawmaking body. The delegate cannot be superior to the principle or exercise powers higher than those of the latter. It is a heresy to suggest that the local government units can undo the acts of Congress, from which they have derived their power in the first place, and negate by mere ordinance the mandate of the statute.” (“Lina, Jr. vs. Pano”, G.R. 129093, August 30, 2001, Second Division; “Magtajas vs. Pryce Properties and Philippine Amusement and Gaming Corporation”, G.R. 111097, July 20, 1994, EN BANC; “Basco vs. Philippine Amusement and Gaming Corpopration”, G.R. 91649, May 14, 1991, EN BANC.)

”It is a settled principle of law that municipal corporations are agencies of the State for the promotion and maintenance of local self-governance and as such are endowed with police powers in order to effectively accomplish and carry out the declared objects of their creation. Its authority emanates

from the general welfare clause under the Administrative Code.” (“Tatel vs. Municipality of Virac”, G.R. 40243, March 11, 1992, Second Division);

“A local government unit is created by law and all its powers and rights are sourced therefrom. It has therefore no power to amend or act beyond the authority given and the limitations imposed on it by law.” (“Municipality of Paranaque vs. V.M. Realty Corporation”, G.R. 127820, July 20, 1998, First Division);

“A local government unit is a political subdivision of the State which is constituted by law and possessed of substantial control over its own affairs. Remaining to be an intra-sovereign subdivision of one sovereign nation, but not intended, however, to be an imperium in imperio ( empire within an empire), the local government unit is autonomous in the sense that it is given more powers, authority, responsibilities and resources. Power which used to be highly centralized in Manila, is thereby deconcentrated, enabling especially the peripheral local government units to develop not only at their own pace and discretion but also with their own resources and assets.” ( “Alvarez vs. Guingona”, G.R. 118303, January 31, 1996, EN BANC);

“Local governments must be reminded that they merely form part of the whole. Thus, when the drafters of the 1987 Constitution enunciated the policy of ensuring the autonomy of local governments, it was never their intention to create an imperium in imperio (empire within an empire) and install an intra- sovereign political subdivision independent of a single sovereign state.” (“Batangas City vs. Court of Appeals”, G.R. 138810, September 29, 2004, EN BANC.);

Dual nature of local government units

Section 15 of the “The Local Government Code of 1991” enacted by Congress in compliance to the Constitutional mandate defines an LGU as a juridical person possessed of two (2) personalities, namely: POLITICAL or GOVERNMENTAL and PRIVATE or CORPORATE. Section 2 of the LGC of 1991 envisions each LGU as a “self-reliant community” and “effective partner” in the attainment of national goals”.

“Municipal corporations perform twin functions. Firstly, they serve as an instrumentality of the State in carrying out the functions of government. Secondly, they act as an agency of the community in the administration of local affairs. It is in the latter that that they are separate entities acting for their own purposes and not as subdivisions of the State. (“Lidasan vs. Commission On Elections”, G.R. L-28089, October 25, 1967, EN BANC);

“The City of Manila’s powers are twofold in character-public, governmental or political on the one hand, and corporate, private and proprietary on the other. Governmental powers are those exercised in administering the powers of the state

and promoting the public welfare and they include the legislative, judicial, public and political. Municipal powers, on the other hand, are exercised for the special benefit and advantage of the community and include those which are ministerial, private and corporate.” ( “City of Manila vs. Intermediate Appellate Court”, G.R. L-22766, August 30, 1968, EN BANC);

Local Autonomy, Nature, Purpose and Process

In pursuit of the Constitutional guarantee of genuine and meaningful local autonomy for local government units, the Constitution mandated Congress (Section 3, Art. X) to “enact a Local Government Code which shall provide for a more responsive and accountable local government structure instituted through a process of “decentralization”….”.

A perusal of jurisprudence shall be instructive:

“Local autonomy means a more responsive and accountable local government structure instituted through a system of decentralization. Autonomy does not, after all, contemplate making mini-states out of local government units, as in the federal government of the United States of America ( or Brazil or Germany ), although Jefferson is said to have compared municipal corporations euphemistically to “small republics”. Autonomy, in the constitutional sense, is subject to9 the guiding star, though not control, of the legislature, albeit the legislative responsibility under the Constitution and as the “supervision clause” itself suggest, is to wean local government units from over-dependence on the central government. Autonomy, however, is not meant to end the relation of partnership and interdependence between the central administration and local government units, or otherwise, to usher in a regime of federalism. The Charter has not taken such a radical step. Local governments, under the Constitution, are subject to regulation, however limited, and for no other purpose than precisely, albeit paradoxically, to enhance self-government.” ( “Ganzon vs. Court of Appeals”, G.R. 93252, August 5, 1991, EN BANC); “X x x . Thus, when the drafters of the 1987 Constitution enunciated the policy of ensuring the autonomy of local governments, it was never their intention to create an imperium in imperio (Empire within an empire) and install an intra-sovereign political subdivision independent of a single-sovereign state.” ( “Batangas CATV vs. Court of Appeals”, G.R. 138810, September 29, 2004, EN BANC);

“In a unitary system of government, such as the government under the Philippine Constitution, local governments can only be an intra-sovereign

subdivision of one sovereign nation, it cannot be imperium in imperio (empire within an empire). Local government in such a system can only mean measure of decentralization of the functions of government. As to what state powers

should be decentralized and what may be delegated to local government units remains a matter of policy, which concerns wisdom. It is therefore a political question.” (“Basco vs. Philippine Amusements and Gaming Corporation”, G.R. 91649, May 14, 1991, EN BANC);

“The commitment of the Constitution to the policy of local autonomy is to provide the needed impetus and encouragement to the development of our local political subdivisions as self-reliant communities. In the words Jefferson, ‘Municipal corporations are the small republics from which the great one derives its strength.’ The vitalization of local governments will enable their inhabitants to finally exploit their resources and, more important, imbue them with a deepened sense of involvement in public affairs as members of the body politic. This objective could be blunted by undue interference by the national government in purely local affairs which are better resolved by the officials and inhabitants of such political units.” (‘Philippine Gamefowl Commission vs. Intermediate Appellate Court”, G.R. 72969-70, December 17, 1986, First Division);

“Autonomy, in the constitutional sense, is subject to the guiding star, though not control , of the legislature, albeit the legislative responsibility under the Constitution and as the ‘supervision clause’ itself suggests- is to wean local government units from over-dependence on the central government.” (“Ganzon vs. Court of Appeals”, G.R. 93252, August 5, 1991, EN BANC);

“The freedom and autonomy vested on local governments does not mean that local governments may enact ordinances that go against the laws duly enactedby Congress. This principle is based on our system of government wherein the power of local government units to legislate and enact ordinances and resolutions is merely delegated power coming from Congress. A local government cannot invoke local autonomy to go against such principles for the ‘constitution merely mandates ‘decentralization’ and did not make local governments sovereign within the state or an imperium in imperio ( empire within an empire ).” (“Lina, Jr. vs. Pano”, G. R. 129093, Augusat 30, 2001, Second Division);

PRIMING ROLE OF LEGISLATION IN GOVERNANCE

“Legislation” is the prescribed process whereby the sovereign, through its legislative body, authorizes the exercise of power and authority AND use of public property to promote the general welfare. Legislation can be direct or constituent; or indirect or derivative. Both subsists in our current legal framework.

POLITICAL OR GOVERNMENTAL POWERS

Each LGU, a local community, is a juridical person in legal contemplation. Being a mere juridical person, it shall possess only such attributes and powers as the law conferring such status expressly grants or delegates.

The LGC delegates to each LGU the following “POLITICAL/GOVERNMENTAL POWERS:

General Welfare Powers ( also known as Police or Disciplining Powers)

“Section 16. General Welfare Power. Every local government unit shall exercise the powers EXPRESSLY GRANTED, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, AND those which are essential to the promotion of the general welfare.”

“Within their territorial jurisdictions, LGUs shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants

Power to Generate and Apply Resources

“Section 18. Power to Generate and Apply Resources. Local government units shall have the power and authority to establish an organization that shall be responsible for the efficient and effective implementation of their development plans, program objectives and priorities; to create their own sources of revenue and to levy taxes, fees, and charges which shall accrue exclusively for their use and disposition and which shall be retained by them; to have a just share in national taxes which shall be automatically released to them without need of any further action; to have an equitable share in the proceeds from the utilization and development of the national wealth and resources within their respective territorial jurisdictions including sharing the same with the inhabitants by way of direct benefits; to acquire, develop, lease, encumber, alienate, or otherwise dispose of real or personal property held by them in their proprietary capacity and to apply their resources and assets for productive, developmental, or welfare purposes, in the exercise or furtherance of their governmental or proprietary powers and functions and thereby ensure their development into self- reliant communities and active participants in the attainment of national goals.”

Power of Eminent Domain

“Section 19. Eminent Domain. A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and the landless,

upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided, however, That the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted: Provided, further, That the LGU may immediately take possession of the property upon filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided, finally, That the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.”

Power to Reclassify Land

“Section 20. Reclassification of Lands. (a) A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearing for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or disposition in the following cases:

1) When the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture or

2) Where the land shall have substantially greater economic value for residential, commercial, or industrial purposes, as determined by the sanggunian concerned. Pro vided, That such reclassification shall

be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance:

a) For highly urbanized and independent component cities, Fifteen percent (15%);

b) For component cities and first to third class municipalities, Ten percent (10%);

c) For 4th to 5th class municipalities, five percent (5%).

Provided, further, That agricultural lands distributed to agrarian reform beneficiaries pursuant to RA 6657, otherwise known as “The Comprehensive Agrarian Reform Law”, shall not be affected by the said reclassification and the conversion of such land into other purposes shall be governed by Section 65 of said Act.

b) The President may, when public interest so requires and upon recommendation of the National Economic Development Authority, authorize a city or municipality to reclassify lands in excess of the limits set in the next preceding paragraph;

c) The LGU shall, in conformity with laws, continue to prepare their respective comprehensive land use plans enacted through zoning ordinances which shall be the primary and dominant bases for the future use of land resources: Provided, That the requirements for food

production, human settlements, and industrial expansion shall be taken into consideration in the preparation of such plan;

d) Where approval by a national agency is required for reclassification, such approval shall not be unreasonably withheld. Failure to act on a proper and complete application for reclassification within three (3) months from receipt of the same shall be deemed approved thereof;”

Power to Close or Open Roads

“ Section 21. Closure and Opening of Roads.

(a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any LOCAL road, alley, park, or square falling within its jurisdiction : Provided, however, That in case of permanent closure, such ordinance must be approved by at least two-third (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided;

(b) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of public safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local government unit concerned may be lawfully used or conveyed: Provided, however, That no freedom park shall be closed permanently without provision for its transfer or relocation to a new site.”

(c) Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the LGU concerned.”

(d) Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and regulate the use of any LOCAL road, thoroughfare, or any other public place where shopping malls, Sunday flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public.”

Likewise, the LGC delegates in Section 22 “Corporate Powers, such as:

- power to sue and be sued- power to have continuous succession in its corporate name- power to have and use corporate seal

“LGUs may continue using, modify, or change their existing corporate seals: Provided, That newly established LGUs, or those without corporate seals may create their own corporate seals which shall be registered with the Department of the Interior and Local Government; Provided, further, That any change of corporate seal shall also be registered as provided herein;”

- power to acquire and convey real or personal properties- power to enter into contract

“Unless otherwise provided in this Code, no contract may be entered into by the LCE in behalf of the LGU without prior authorization by the sanggunian concerned. A legible copy of such contract shall be posted at a conspicuous place in the provincial capitol or the city, municipal or barangay hall.”

- such other powers granted to corporations

“LGUs shall enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic enterprises, subject to the limitations provided in this Code and other applicable laws.”

Section 23 also delegates the power to negotiate and secure grants, as follows:

“Local chief executives may, upon authority of the sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services or facilities enumerated in Section 17 hereof, from local and foreign assistance agencies without necessity of securing clearance or approval therefore from any department,

agency, or office of the National Government or from any higher LGU: Provided, That projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned: Provided, further, That when such national agency fails to act on the request for approval within thirty (30) days from receipt thereof, the same shall be deemed approved.”

“The LCE shall, within thirty (30) days upon signing of such grant Agreement or deed of donation, report the nature, amount, and terms of such assistance to both Houses of Congress and the President.”

INSTRUMENTALITIES OF LOCAL GOVERNMENT UNITS

Each LGU, as a juridical entity, has basic instrumentalities through which the will of the sovereign is operationalized , namely:

The Local Chief Executive ” (Section 387; 444; 455; and 465 of RA 7160) to whom is assigned the major governmental functions of the local government unit for “Execution/Enforcement of law and programs” are assigned; and

The Sanggunian, ( Section 391; 447; 458; and 468 of RA 7160 ) as the “legislative body” of the LGU to whom the “law-making or legislative functions,” of the LGU are delegated are delegated.

COMPOSITION OF LOCAL LEGISLATIVE BODIES

Sangguniang Panlalawigan (Section 468, LGC)

“The sangguniang panlalawigan, the legislative body of the province, shall be composed of

a) the provincial vice governor AS PRESIDING OFFICER, b) the regular sanggunian members, the president of the

provincial chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng mga sangguniang kabataan, the president of the provincial federation of sanggunian members of municipalities and cvomponent cities, and sectoral representatives, AS MEMBERS.”

Sangguniang Panlunsod (Section 457, LGC)

“The sangguniang panlunsod, the legislative body of the city, shall be composed of

a) the city vice mayor AS PRESIDING OFFICER,b) the regular sanggunian members, the president of the city

chapter of the liga ng mga barangay, the president of the panlunsod na pederasyon ng mga sangguniang kabataan,

and sectoral representatives, AS MEMBERS.”

Sangguniang Bayan (Section 446, LGC)

“The sangguniang bayan, the legislative body of the municipality, shall be composed of

a) the municipal vice mayor AS PRESIDING OFFICER,b) the regular sanggunian members, the president of the

municipal chapter of the liga ng mga barangay, the president of the pambayang pederasyon ing mga sangguniang kabataan, and the sectoral representatives, AS MEMBERS.”

Sangguniang Barangay (Section 390, LGC)

“The sangguniang barangay, the legislative body of the barangay shall be composed of

a) the punong barangay AS PRESIDING OFFICER,b) the seven (7) regular sanggunian members elected at large

and the sangguniang kabataan chairman, AS MEMBERS.”

(COMMENTS on the provisions on the COMPOSITION of the various sanggunians}

It is a well-settled rule in statutory construction that when a provision of law incorporates a “technical word/phrase”, that provision shall be interpreted in its intended “technical sense”.

The words “LEGISLATIVE BODY”, “ PRESIDING OFFICER “ and “MEMBERS” in the composition of the Sanggunian are “parliamentary terms” which must be interpreted in their “parliamentary sense”.

THE LOCAL SANGGUNIAN AS A “LEGISLATIVE BODY”

“A Legislative Body” refers to a constitutionally established PUBLIC LAW-MAKING BODY of REPRESENTATIVES chosen by the ELECTORATE for a FIXED TERM OF OFFICE.” ( Sarah Corbin Robert, “Robert’s Rules of Order Newly Revised”, The Scott, Foresman and Co., Glenview, Illinois, 1990 Ed., p. 7)

The “SANGGUNIAN” as a “Legislative Body” of the LGU, therefore, is a “deliberative body”, an instrumentality for collegial decision making of the LGU. As such, it is a kind of gathering that convenes regularly during its fixed term to which proceedings “parliamentary law” is generally (conceded) understood to apply due to the following features of a “deliberative assembly”: *

1. INDEPENDENT or AUTONOMOUS- It is designed to meet regularly for a fixed term to determine, in full and free discussion,

courses of action to be taken in the name of the entire group assembly;

2. HIGH DEGREE OF FORMALITY required in its proceedings;

3. EVERY MEMBER IS INTENDED TO BE FREE to ACT within the assembly ACCORDING TO HIS OWN JUDGEMENT; HENCE,

a ) OPINION OF EACH MEMBER PRESENT has EQUAL WEIGHT AS EXPRESSED BY VOTE; (Right to speak in Debate and Vote)

b) FAILURE TO CONCUR IN THE DECISION OF THE BODY DOESN’T constitute WITHDRAWAL from the body. ( Because his mandate to act according to his own independent judgment is conferred, not by the legislaltive body, but by the authority creating the assembly)

c) WHEN MEMBERS ARE ABSENT IN A PROPERLY CALLED MEETING, THE REMAINING MEMBERS CAN ACT FOR THE ENTIRE MEMBERSHIP, subject only to such limitations as may be established by the authority creating it or by the body’s governing rules.

(* Sarah Corbin Robert, “Robert’s Rules of Order Newly Revised”, 1990 Ed., Scott, Foresman and Company, Glenview, Illinois, USA, p. 1 )

NOTE: Under “General Parliamentary Law”, a deliberative body, by its nature and purpose, is acknowledged and conceded to have rules

of order to govern its proceedings. Hence, a deliberative body that has not adopted any rules of order is commonly understood to hold itself bound by the rules and customs of general parliamentary law.

POWERS DUTIES AND FUNCTIONS OF THE DELIBERATING MEMBER

“MEMBERS of a Deliberative Body, in the parliamentary sense, are VOTING MEMBERS. That is, each has the RIGHT to FULL PARTICIPATION in the BODY’S PROCEEDINGS, namely:

a) Right to MAKE A MOTIONb) Right to SPEAK IN DEBATEc) Right to VOTE

d) Right to Chair a Regular Standing Committee

SUBJECT only to the RULES ADOPTED by the deliberative body (P.2-3) that conforms with law. It can be inferred that the power to enact local laws are vested in the MEMBERS acting as a collegial body.

BASIC PRINCIPLE OF DECISION in a DELIBERATIVE BODY is that, “to become the ACT or DECISION of the BODY, a proposition must be ADOPTED by a MAJORITY VOTE, that is, a DIRECT VOTE or APPROVAL signifying assumption of responsibility for the ACT or DECISION, must be registered by more than half of the members present and voting on a particular matter, in a regular or properly called meeting at which the necessary minimum number of members, known as QUORUM, is present.”(p. 4)

“QUORUM OF MEMBERS is the minimum number of VOTING MEMBERS who must be present at the meeting of a deliberative assembly for business to be legally

transacted.” ( Sarah Corbin Robert, supra, p. 19)

Section 53 of RA 7160 as implemented by Art. 106 of the IRR defined QUORUM as “A majority of all the members of the sanggunian who have been elected and qualified (AS SUCH) shall constitute a quorum to transact official business.” (“Zamora vs Caballero”, G.R. No. 147767, January 14, 2004; “Javellana vs Tayo”, G.R. L-18919, EN BANC)

NOTE: In several queries on whether or not theVice LCE , the Regular Presiding Officer of the Sanggunian, is included in the computation of the quorum

the Legal Service of the DILG opined in the AFFIRMATIVE, citing jurisprudence involving the House of Senate ( “Osmena vs Pendatum”; “Santiago vs Guingona, et al”, G.R. 134577, 18 Nov., 1998 , etc.}, and House of Representatives of Congress (“Gamboa vs Aguirre”, 310 SCRA 867) ; OR whether or not the RPO can relinquish the Chair and participate in the debate on the floor, the Legal Service of the DILG had consistently opined in the AFFIRMATIVE. The fundamental premise of all said opinion is the holding that the VICE LCE is also a MEMBER of the sanggunian! That the “Presiding Officer” in either House of the Congress involved in the case is considered a “Member” thereof because the Senate President as Presiding Officer of Senate, and the Speaker of the House as Presiding Officer, is a senator or congressman, a member of respective House of the Congress!). Hence, the Vice LCE, being the PO of the local sanggunian, according to the holding, is also a “member”.

Interestingly, however, in “Purto J. Navarro and Danny B. Tamayo vs Court of Appeals, et al,” 355 SCRA 672, ( G.R.No.141309, March 28, 2001, ), the Honorable Supreme Court in resolving the issue why the Vice Mayor, ( IF ALSO A MEMBER) who succeeded as Mayor due to the death of the Mayor-elect, an elevation from being a “vice mayor” to “full- fledged “Mayor”, is not the “sanggunian member x x x whose elevation to the position next higher in rank created the last vacancy” referred to in Section 46 (b) of RA 7160 as implemented by Article 83 (2)(i) of the IRR of RA 7160. In resolving the issue, the Court invoked the doctrine that under our political party system, the party affiliation of the elected regular “members” of the sanggunian (exclusive of the vice LCE ) is considered the political party allocation during their term of office as willed by the electorate. That the political party allocation of “sanggunian members” shall be maintained in case of permanent vacancies created by a sanggunian member. In this case, the Supreme Court did not consider the vice mayor who assumed as Mayor as a “sanggunian member” who caused the last permanent vacancy because the Court ruled that it is the party of the most senior sanggunian member who assumed as Vice Mayor which has the right to nominate a replacement to maintain the “electoral equilibrium” of political party allocation among sanggunian members.

RULES OF ORDER (INTERNAL RULES OF PROCEDURE) Refers to written set of rules of parliamentary procedure formally adopted by the assembly/body/organization, pertaining to the orderly transaction of business meetings and to the duties of officers in that connection. Its OBJECT is to facilitate the smooth functioning of

the assembly and to provide a FIRM BASIS for resolving questions of procedure. (p. 15)

MINIMUM OFFICERS OF A DELIBERATIVE BODY

In the light of the EQUAL rights of every MEMBER in a deliberative body, the expected clash of opinions amongst them during debates and the necessity for systematic and orderly proceedings or decision-making that need to be expeditiously made under the basic tenets and principles of a democratic framework and tradition an officer, commonly called “Presiding Officer”, who is expectedly assumed to be impartial and clothed or accorded with the power, authority or ascendancy to control the proceedings ( NOT THE DECISION) of the assembly based on a pre-defined rules of order, is obviously indispensable. The PO may be assigned as such by the authority creating the deliberative body. Otherwise, he is elected from among and by the members of the deliberative body by authority from the law. Moreover, so as not to burden any deliberating member from his “right to full and unhampered participation in the proceedings, a SECRETARY appointed outside of the members is indispensable, who shall take and keep the records of the deliberative body.

DUTIES AND FUNCTIONS OF THE PRESIDING OFFICER

By parliamentary law and practice, the Presiding Officer is generally accorded or acknowledged to possess the following duties and functions: ( Reverendo M. Dihan, “Handbook On Local Legislation”, 1998 Revised Edition, Mary Jo Educational Supply, Sampaloc, Manila, p. 38 and Sarah Corbin Robert, “Robert’s Rules of Order Newly Revised”, 1990 Ed., Glenview, Illinois, USA, pp. 440-442)

1) Call the meeting (or session) to order upon determination of quorum;

2) Recognize properly the member seeking to obtain the floor;

3) Make rulings particularly on points of order, parliamentary inquiry, requests, and other routine procedural matters;

4) Maintain order and decorum in the proceedings

“DECORUM” refers to the propriety of conduct including decency of words or speech of members during proceedings of a deliberative assembly or body.’

5) Puts before the assembly the Question on the motion;

6) Puts a pending question to a vote and declares the result of the voting;

7) Informs the body of each item of business; 8) Adjourns the meeting/session properly;

9) Declare a recess whenever he finds the necessity OR upon motion duly approved;

10) Perform such other duties and functions required of him by the rules of the deliberative body;

11) Certify to the genuineness and due passage of any act passed by the deliberative body over which proceedings he presided. (Section 49 (b), RA 7160)

CHAPTER ___

LOCAL LEGISLATIVE PROCESS

Legislation is the principal “COLLEGIAL” duty and function of the local “legislative body” called “sanggunian”. There are requisites that must concur before it can discharge its collegial function, namely:

1) The collegial body is duly constituted and vested with legislative functions by law

- The PO and MEMBERS of the Sanggunian convening are the same persons elected and qualified to sit as such;

The LGC assigns the Vice Governor; Vice City/Mun. Mayor/PB as REGULAR PRESIDING OFFICER of the Legislative Body of the LGU. In the event of inability of the RPO to preside, Section 49 of

RA 7160 requires the members present to elect among themselves the TEMPORARY PRESIDING OFFICER. Thus, replacement of the RPO is not by “succession” but by election because members of the legislative body stand CO-EQUAL to each other! The said election is done only during the meeting when the RPO is unable to preside.

- The assembly is the same body vested with legislative functions.

- The collegial body cannot add any other member except those constituted by law

2) The meeting is convened by law or ordinance;

No legislative Act of the legislative body can be validly enacted unless in a lawful meeting convened for the purpose.

The meeting should either be a REGULAR or SPECIAL MEETING.The Regular Meeting is one specifically fixed by the members as to date,

time, place and at least once a week (Prov. City and Mun.) or twice a month (for the barangay) embodied in their Internal Rules of Procedure. The Special Meeting is one authorized in the IRP by the sanggunian when an immediate action by the sanggunian is necessary and can not wait for the next regular meeting. Such meeting may be validly called by the LCE or by a majority of the members through a WRITTEN NOTICE of

Special Meeting specifying the matter needing sanggunian action delivered personally to each member in his/her usual place of residence at least 24 hours before the scheduled meeting. Unless approved by a majority of the members present, no other matter shall be acted upon by the sanggunian in that special meeting. (Section 52, RA 7160)

3) The number of “DELIBERATING MEMBERS” present constitutes QUORUM;

“QUORUM OF MEMBERS is the minimum number of VOTING MEMBERS who must be present at the meeting of a deliberative assembly for business to be legally

transacted.” (Robert, supra, p. 19)

The Vice LCE of the Province, City and Municipality and the Punong Barangay are not included in the computation of the QUORUM being specifically elected as such and not as members (Provincial Board Member/City/Municipal Councilor or Barangay Kagawad , and being specifically designated by pertinent provision of RA 7160 as REGULAR PRESIDING OFFICER of the legislative body with the privilege of voting ONLY TO BREAK A TIE! ( “Perez vs De La Cruz”, G.R. L-29458, 27 SCRA 587; “Rivera vs Villegas,” L-17835, 5 SCRA 359; “Felwa vs Salas”, 18 SCRA 606)

4) The legislative process employed by the deliberative body in the passage of an Act conforms with the process prescribed by law. (Article 107 of the IRR)

While Section ___ of RA 7160 allows each local legislative body to adopt their

Internal Rules of Procedure to include, among others, the “legislative process” that the sanggunian will follow in their proceedings, the process adopted should conform with the legislative process prescribed in Article 107 of the IRR. In fact, all provisions of the IRP, to be valid, shall conform with prescriptions of RA 7160 and its IRR.

5) The legislative act is within the delegated power and authority of the LGU and the legislative body.

CHAPTER ___

REQUISITES OF LOCAL LEGISLATION

PROCEDURAL:

Mandatory Public Hearing (Section 187, LGC) prior to passage for tax ordinances and those with penal provisions)

{“Drilon vs Lim” G.R. 112497, Aug. 4, 1994, EN BANC; “Reyes vs Court of Appeals”, G.R. 118233, Dec. 10, 1999, EN BANC; “Figuerres vs Court of Appeals”, G.R. 119172, March 25, 1999)

Passage by the sanggunian concerned in strict compliance to the prescribed legislative process outlined in chapter __.

In the light of the sensitivity of legislation to the public interest, standards are prescribed in Article 107 of the Rules and Regulations Implementing of LGC of 1991 setting, among others, a “three ( 3 ) reading model” as a “PASSAGE PROCESS” to ensure a thorough formulation of the local law. (See Order of Business)

Executive Approval of Ordinances and Resolutions approving the local development plan, public investment plan and payment of money or creating liability for the LGU.(Section 54-55, LGC)

“Sec. 54. Approval of Ordinances.

“(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlunsod, or sangguniang bayan shall be presented to the provincial governor or city or municipal mayor, as the case may be.”

“If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; Otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.”

“(b) The veto shall be communicated by the local chief executive concerned to the sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality;

Otherwise, the ordinance shall deemed approved as if he had signed it.”

“© Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of all its members, be signed by the punong barangay.”

Legislative Review by next higher legislative body of Ordinances enacted and Resolutions ( specified in Sec. 54 & 55 of LGC) adopted by component LGUs:

“Section 56. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan.- “(a) Within three (3) days after approval (by LCE), the secretary to the sanggunian panlunsod or sangguniang bayan shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils.”

“(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of his comments or recommendations, which may be considered by the sangguniang panlalawigan in making its decision.”

“© If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniang panlunsod or sangguniang bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes and shall advise the corresponding city or municipal authorities of the action it has taken.”

“(d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.”

“Section 57. Review of Barangay Ordinances by the Sangguniang

Panlunsod or Sangguniang Bayan.

“(a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlunsod or sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances.”

“(b) If the sangguniang panlunsod or sangguniang bayan, as the case may be, fails to take action on barangay ordinances within thirty (30 days from receipt thereof, the same shall be deemed approved.”

“© If the sangguniang panlunsod or sangguniang bayan, as the case may be, finds the barangay ordinances inconsistent with law or city or municipal ordinances, the sanggunian concerned shall, within thirty ( 30 ) days from receipt thereof, return the same with its comments and recommendations to the sanggunian barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is affected.”

Publication or Posting (Section 59, LGC)

“Section 59. Effectivity of Ordinances or Resolutions.

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

“b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal, or barangay hall in at least two (2) conspicuous places in the LGU concerned not later than five (5) days after approval thereof.”

“The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of the

people in the LGU concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.”

“c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where the local legislative body concerned belongs. In the absence of any newspaper of general circulation within the province, posting of such ordinances shall be made in all municipalities and cities of the province where the sanggunian of origin is situated.”

(“Drilon vs Lim,” G.R. 112497, August 4, 1994, EN BANC; )

CHAPTER __ SUBSTANTIVE REQUIREMENTS FOR LEGISLATIVE ACTS

1. The subject matter of the Ordinance shall be within the delegated authority of the sanggunian concerned;

“Pelaez vs Auditor General,” GR 23865, Dec. 15, 1955; “Magtajas Pryce Property vs. PAGCOR”, GR 111097, July 20, 1994

2. The Ordinance shall not contravene the Constitution and laws passed by the national legislature; as well as the Ordinances of higher LGUs;

-(“US vs. Abenden,” 24 Phil, 165)-(“San Miguel Brewery, Inc., vs. Magno,” G.R. L-1879,

Sept. 27, 1957)

3. The Ordinance shall not be unfair or oppressive

-“Ochate vs. Deling,” 105 Phil 390;-“People vs. Fajardo, et al,” 104 Phil 443, Aug. 29, 1958)

4. The Ordinance shall not be partial or discriminatory;

-“People vs. Fajardo, et al,” G.R. L-12172, Aug. 29, 1958;-“Sarmiento vs. Belderol, L-15719, May 31, 1951.

5. The Ordinance must be General and Consistent with Public Policy

“CIR vs Ledesma,” L-17509, Jan. 30, 1970;“Ongsiako vs. Gamboa”, 88 Phil 56

6. The Ordinance shall not prohibit but may regulate trade

“Kwong Sing vs. City of Manila”, 41 Phil 103;“De la Cruz vs. Paras”123 SCRA 569

7. The Ordinance shall not contravene common rights

8. The Ordinance must be reasonable

“Marconi Co. vs City of Manila”, 1 SCRA 312

In “Magtajas vs Pryce Properties”, ( G.R. 111097, 20 July 1994) the Supreme Court reiterated the following tests of a valid ordinance:

“1. Must not contravene the Constitution and any statute;

2. Must not be unfair or oppressive;

3. Must not be partial or discriminatory;

4. Must not prohibit but may regulate trade ;

5. Must not be unreasonable; and

6. Must be general in application and consistent with public policy.”

CHAPTER ___PATTERNS/CUSTOMS OF FORMALITY IN A

DELIBERATIVE BODY SUCH AS THE LOCAL SANGGUNIAN

Presiding Officer

1. Customs of formality under parliamentary practice are expected to be followed by the PO and Members to maintain the Chair’s necessary position of AUTHORITY and IMPARTIALITY and to help preserve an objective and impersonal approach and disposition of business, especially when serious divisions of opinions arise;

2. The PO’s position should be placed so that even when he is seated, on a high stool if necessary when in the back of a lectern, he can see the entire hall and all present see him;

3. The PO speaks only of himself in the third person, i.e., “The Chair” or “The Chair rules…” Likewise, the members address the PO as “Mr. Chair”;

4. The PO doesn’t call a member by his name or address a member as “you”;

Deliberating Members

1. Members address only the Chair or address each other THROUGH THE CHAIR;

2. A member does not speak WITHOUT FIRST HAVING RISEN, WITHOUT HAVING ADDRESSED THE CHAIR and WITHOUT HAVING OBTAINED THE FLOOR. (i.e., Recognized by the Chair as the member who has the exclusive right to speak in the floor)

3. A Member should REFRAIN from attacking a member’s motives. “The measure, not the member, is the subject of debate.”

4. A member is not allowed to speak against his own motion. It shall be regarded as a deception against the assembly. Instead, it is best to withdraw his motion.

5. A member should refrain from conduct that disturbs or disrupts the proceedings of the assembly

6. A member should refrain from dilatory or improper motions

7. A member should only confine his statements to the pending issue or question under deliberation;

8. Civil in the conduct of members (Observance of decorum);

9. Avoidance of Moving for Adjournment when a member has the floor;

AS A GENERAL RULE, LANGUAGE USED IN THE PROCEEDINGS SHOULD BE CORDIAL , FORMAL AND CIVIL.

CHAPTER IV

DYNAMICS OF PARLIAMENTARY PROCEDURE

PARLIAMENTARY PROCEDURE is a term referring to a set of procedural rules and customs adopted and employed for carrying on business in law-making bodies evolved and developed through a continuing process of refining procedures, decisions and precedents to what is universally known as “parliamentary law and procedure”. For expediency, deliberative bodies resort to this set of procedure in the disposition of their business. In fact, deliberative bodies, assemblies and boards , even without an approved procedural rules of their own, are presumed to be bound by the basic principles and practice of parliamentary procedure.

This material seeks to present the most basic essentialities of parliamentary procedure.

MEANS WHEREBY BUSINESS IS BROUGHT BEFORE THE ASSEMBLY

Business is brought before the assembly by the MOTION of a member of the assembly. A MOTION is a formal proposal of a member during the meeting that the assembly take a CERTAIN ACTION. The basic form of MOTION- the only one whose introduction brings NEW business before the assembly is called “MAIN MOTION.” A Main Motion sets off a pattern from which other motions generally classified as SECONDARY MOTIONS are derived, such as “Privileged Motions”, “Incidental” and “Subsidiary” Motions” to aid the body systematically and democratically dispose the main motion.

BASIC STAGES and STEPS OF PARLIAMENTARY PROCEDURE IN HANDLING MOTIONS (Robert, supra, p. 31-41)

HANDLING OF A MOTION

There are six (6) steps, namely: Three (3) by which the motion is brought before the assembly; and three (3) in the disposition of the motion.

Bringing the motion before the assembly:

STEP 1= A member makes a motion (That is: after having risen, having addressed the Chair and obtained the floor or granted by Chair the exclusive right to speak on the floor, subject to the rules of order);

STEP 2= Another member seconds the motion

Note: The requirement of a “second” is generally for the guidance

of the Chair as to whether or not he should state the question on the motion, thus placing it before the assembly. Its purpose is to prevent time from being consumed by the assembly having to dispose of a motion that only one person wants to be introduced. Hence, if not seconded, the Chair declares the motion “LOST” and save the assembly’s time. (Sarah Corbin Robert, “Robert’s Rules of Order Newly Revised”, 1990 Ed., p.35 )

“In handling routine motions, less attention is paid to the requirement of a second. If the chair is certain that a motion meets with wide approval but members are slow in seconding it, he can state the question without waiting for a second.” (Sarah Corbin Robert, Ibid, p. 35-36) It seems procedurally acceptable because the absence of a second may be raised in a point of order.

Interestingly, an author opined that the confusing requirement of “seconding a motion” may be relaxed or dispensed in legislative bodies because the members are “representatives” of the electorates and their mandate is enough “second” to any representations made by said representative during the deliberation of the legislative body.

STEP 3= The Chair States the Question on the Motion

NOTE: Neither the making or “seconding” of the motion places the motion before the assembly. Only the Chair can do that by and after he has stated the question on the motion. At that stage, the motion is PENDING.

Until the Chair states the motion, the movant may modify or withdraw his motion and the second may restate his second after the modification is submitted to the Chair. The form is

_________________________________________________Kagawad X : “It has been moved and seconded to

(state the motion). . . . . “ : “Is there a debate?”

_________________________________________________

Disposition of the Motion

STEP 4= Members debate the Motion;

STEP 5= The Chair Puts the QuestionSTEP 6= The Chair Announces the Result of Voting

NOTE: It is acceptable for a member to change his VOTE before the Chair announces the result of voting.

KINDS OF MOTIONS

MAIN MOTION

Original MAIN MOTION introduces a substantive question as a NEW SUBJECT.

Incidental MAIN MOTION is one incidental to or relates to the business of the assembly or its PAST or FUTURE ACTIONS.

Examples:

Take From the Table

This motion seeks to recall or revive a subject that had been “Laid on the Table” or archived upon order or decision of the body. Once the motion is approved, the subject is “on the floor” for disposition of the body.

Rescind or Repeal

This motion seeks to put before the body its previous decision for the body to withdraw/annul/abandon . Once approved, the subject is returned on the floor for disposition by collegial action of the body.

Discharge a Committee

This motion seeks to release a committee to which a subject was previously assigned on account either of its completion or with the intention of reassigning the subject to another committee or some other disposition.. Once approved, the committee concerned is released from the assignment and for the body to decide the disposition of the assignment.

Reconsider

This motion seeks to call the body to review its decision and may be proposed only at the same meeting/session where the question sought to be reconsidered has been decided. Thus, once approved, the decision

is vacated and the subject is on the floor for disposition anew. Fundamental Principle of Parliamentary Law

In her book, Robert reveals the fundamental principle of parliamentary law, in this wise:

“Only one question can be considered at a time. Once a Motion (main motion) is before the assembly, it must be adopted or rejected by a vote, OR the assembly must take action disposing the question in some other way, before any other business ( EXCEPT matters called “privilege motions”) can be brought up.” (P. 58)

It is from this fundamental rule that SECONDARY MOTIONS are generated, which must first be disposed by vote by the assembly to facilitate the disposition of the question before the assembly so that another question can be brought up for consideration.

SECONDARY MOTIONS consists of “Subsidiary Motions”; “Incidental Motions”; and “Privileged Motions”.

SUBSIDIARY MOTIONS

Class of Motions that assist the assembly in treating or disposing or avoiding action on the pending Motion.

Examples:

Lay On the Table

This motion seeks to provisionally free the body from being stalled in the consideration of a pending subject so it can move to more urgent business. Once approved, the consideration of the subject is postponed indefinitely until it is taken from the table in the future.

Call the Previous Question

This motion seeks to close the protracted debate on a pending question and to put it immediately to vote. Once approved, the Chair puts the question to the body for voting.

Modify the Limit or Extend of Debate

Time limits for as well as number of speakers for each side in debates are usually provided for in the Rules of the body. However, if the time or

number of speakers allotted for debate proves to be inadequate (hence need to be extended or increased) or unnecessarily long ( hence the need to shorten or decrease ), this motion will be used. Once approved, the Presiding Officer shall manage the debate as approved.

Postpone Definitely

This motion seeks to postpone consideration of a pending question to a definite future time if it is felt that the body is not prepared to consider the question. Once approved, the question is accordingly calendared for the approved future time.

Commit or Refer to a Committee

This motion seeks to assign/entrust to the committee named the subject pending on the floor for its study, investigation, recommendation or execution, as may be proposed in the motion. Once approved, the subject is referred or indorsed to the committee concerned.

Amend

This motion seeks to effect a proposed change or modification of a pending question either by insertion, by elimination, or substitution of a word, phrase, clause or of an entire sentence or paragraph. An approved amendment of the pending question vacates and settles the main question and is replaced by the approved amendment..

This motion needs a second. An amendment to a main motion is called “amendment of the first degree” while an amendment to an amendment is called “amendment of the second degree”. No further amendment is allowed after the amendment of the second degree. (Antonio Orendain, ”Parliamentary Rules by Orendain”, 3rd Ed., 1966, p. 164). An amendment of the first degree takes precedence over the main motion. An amendment of the second degree takes precedence over the amendment of the first degree and the main motion. T hus, when the amendment of the second degree is adopted, same vacates and settles the amendment of the first degree and the main motion.

______________________________________________________________

PENDING QUESTION=A motion to adopt as the Title of the Proposed Ordinance: “An Ordinance Penalizing Astray Animals”

Kagawad X : “Mr. Chair, I move to amend the proposed title by inserting the phrase “the owner of” between “penalizing” and “astray” so that the title will read: “An Ordinance Penalizing the Owners of Astray Animals.” (first degree

amendment) Kagawad Y : “Mr. Chair, I move to amend the proposed amendment by

inserting the word “apprehended” before “astray animals” so that the amended title will read: “An Ordinance

Penalizing the Owner of Apprehended Astray Animals” (Second degree amendment)

____________________________________________________________

Postpone Indefinitely

This motion seeks to postpone to an indefinite future time or reject consideration of and voting on the pending question. If the motion is approved, the subject is set-aside to be considered only by reintroducing said motion.

______________________________________________________________ Kagawad X : (After recognition by the Chair) “Mr. Chair, I move to

postpone consideration of the pending question in our future meetings.”

Kagawad Y : “I second the motion”

Presiding Offcr: “It has been moved and seconded that this body postpone the consideration of the pending motion in its future meetings”.

: “Is there any debate?” ( SILENCE)

:”Hearing none, and if there is no objection, the chair will put the question to the body. Is there any objection?”

: “Hearing none, as many as are in favor of the motion to postpone consideration of the pending motion in future meetings of the body, please raise your right hand. Those opposed, do the same.

_______________________________________________________________ INCIDENTAL MOTIONS

Class of Motions that are considered “incidental” to the other motion or matter out of which it arises and generally requiring their immediate disposition before business can proceed.

Examples: Suspend the Rules Withdraw a Motion Point of Order

Appeal From the Ruling of the Chair

Divide the Question Divide the Assembly Parliamentary Inquiry

Point of Information

ILLUSTRATION

Suspend the Rules

This motion seeks to free the body from technicalities so it may be able to act with dispatch on important and urgent questions without violating its internal rules. For instance, the Rules of the body prohibits non-members from participating in the deliberation. Unless the rules are suspended, invited resource persons whose expertise is sought to be engaged in the deliberation cannot be allowed to speak! When this is used, it must specify which rule of the Rules of Procedure of the body is proposed to be suspended. Once approved, that specified rule is deactivated for the duration as approved. The usual form is thus:

___________________________________________________________ Kagawad X ; “Mr. Chair, we have in our midst the “guests” we

(Chairman, Comm. have invited to shed light on the proposed On Infra.) ordinance on the table upon recommendation of the Committee on Infrastructure. I, therefore, moved for the suspension of the rules pertaining to our order of business to enable them to participate in the

deliberation on the proposed ordinance after which the rules shall automatically be reinstated.”

Kagawad Y : “I second the motion” Presiding Officer : “It has been moved and seconded that . . . . . . . . . .”

“Is there any objection” S I L E N C E “ Seeing none, the motion is carried”. “ The rules on the Order of Business is hereby

suspended to be automatically reinstated after the deliberation on the pending proposed ordinance.”

“ May we invite …………. to join the body in its deliberation on the proposed ordinance.”

_________________________________________________________

Withdraw

The motion to withdraw is made at the pleasure of the proponent before the Chair puts it on the table. Thereafter, the proponent has to

get the approval of the body for its withdrawal. A motion is withdrawn to give way to a more urgent business or because they are considered unsuitable or untimely for consideration. It is a tactful way of avoiding an issue rather than objecting to its consideration.

___________________________________________________________ Kagawad X : “I move that we adjourn at 3:00 PM.”

Kagawad Y : “I second the motion” Kagawad Z : “I object, Mr. Chair”. Kagawad X : “Mr. Chair, I withdraw my motion.” Kagawad Y : “Mr. Chair, I have no objection to the withdrawal”Presiding Officer : “The motion is withdrawn.”

OR

Kagawad X : “I move that we move our next regular meeting from October 21 to October 26”

Kagawad Y : “I second the motion” Presiding Officer: “It has been moved and seconded that we move our

next regular meeting from October 21 to October 26.” “Is there any objection?”

Kagawad Z : “I object, Mr. Chair.” “I have an engagement on that day.”

EXCHANGE OF ARGUMENTATION ENSUES Kagawad X : “Mr. Chair, I withdraw my motion” Presiding Officer: “As many as are in favor of the withdrawal of the

motion, raise your right hands.” “As many as are against, do the same.” “The motion is withdrawn” (IF APPROVED) “The motion remains on the table” (IF

DISAPPROVED)____________________________________________________________

Point of Order

This motion is raised immediately after a supposed error as been committed, even if it has to interrupt a speaker or the taking of votes or a proceeding. It doesn’t require a second, not debatable and not subject to any amendment. It is primarily decided by the Chair. If the Presiding Officer agrees, he shall accordingly order the correction of the error. Otherwise, he may rule the movant as “out of order” and allow the speaker who was interrupted to resume or continue his discourse. If the movant who was ruled out of order disagrees with the ruling of the Presiding officer, the movant may submit a motion appealing the ruling to the assembly. Without debate, the Chair shall submit the question on the motion to the assembly for voting whether they sustain the ruling of the chair or not. The form can be, thus:

_______________________________________________________ Kagawad X : (Raising his hand and even without recognition from

the Chair) “Mr. Chairman, Point of Order!” Presiding Officer : Yes, Kagawad X. Please state your point of order.” Kagawad X : “The point of order is that the question on the motion

presented to the body by the Chair is a main motion which should not be accepted because there is a pending main motion.”

Presiding Officer : “The point of order is well taken. The question on the motion presented by the chair before the body is hereby declared “out of order”.

“The main motion pending before the body is (restated the same)”

OR “The point of order is not well taken. The question

on the motion on the table stands.” __________________________________________________________

Appeal From the Ruling of the Chair

This motion seeks to submit the ruling of the chair to the assembly which must be given immediately after the ruling appealed from is issued by the Chair. Otherwise, the motion can be ruled as out of order. The common form is, thus:

____________________________________________________________

Kagawad X : (Without waiting for any matter to intervene after the Chair issues its ruling) “Mr. Chair, I respectfully appeal the ruling of the Chair.”

Presiding Officer : “Kagawad X, please explain the reasons for your appeal.”

Kagawad X : “I respectfully submit the following reasons:”“x x x x x x x x “

Presiding Officer : “The reasons for the Chair’s ruling are:X x x x x x “

“The ruling of the Chair appealed from is over the rejection of the Chair of the point of order of Kagawad X that the question on the motion now on the table is a main motion which should be ruled out of order and withdrawn from the table.”

“As many as are in favor of the Chair’s ruling, raise

your right hand” “As many as are against the Chair’s ruling, do the

same.” “The ruling of the Chair remains” OR “The ruling of

the Chair is withdrawn.” The question on the motion now on the table is hereby withdrawn and declared out of order.”

“The question on the motion on the table is (state) ___________________________________________________________”

Divide the Question

This motion seeks to breakdown a compound or complicated proposition into basic sub-items to simplify disposition of the proposition. The form is, thus:

___________________________________________________________

Kagawad X : “Mr. Chair, I move that we convene for our next regular session in Barangay O on October 26 (not the next date of the regular meeting) to start at 8:00 in the morning.”

Kagawad Y : “I second the motion”

Presiding officer: ”It had been moved and seconded that the body shall convened for its next regular session in Barangay O on October 26 to start at 8:00 in the morning”

Kagawad Z : “Mr. Chair, I propose to divide the question, namely: A motion for the kind of meeting; another for the venue; another for the date and finally, another for the starting time.”

Presiding Officer: “It is proposed that the original motion be divided into four parts, namely: 1) Kind of meeting; 2) the Venue; 3) Date of the meeting; and 4) starting time.

“Is there any objection”(SILENCE)

“There being none, the proposed division of the question into 4 parts is in order.” “Kagawad X is requested to restate the motion as divided.”

_____________________________________________________________

Divide the Assembly/House

This motion is used when a member wants a voting on a particular pending question be immediately done, OR wants to verify the votes cast or the announcement made on the result of the voting just done. This motion needs no second, not debatable, cannot be amended and requires immediate action of the chair. Thus, the proponent says: “Mr. Chair, I move for a division of the house.” Immediately, the Chair acts by requiring the Secretary to call the roll to ascertain the vote of each member.

Parliamentary Inquiry

This motion seeks to obtain from the chair an information on, or clarification of, a specified parliamentary procedure or the Rules. It may be raised anytime even if someone has the floor. A speaker who is interrupted by this inquiry should stop until the inquiry is answered.

Notwithstanding this privilege, no member should interrupt a speaker if the inquiry can be reasonably wait until the latter is finished.

Parliamentary inquiry is always directed and responded to by the Presiding Officer. While a parliamentary inquiry must be answered at once, the Presiding Officer may consult an authority before answering. If he feels that the inquiry is not of immediate importance, he may defer his answer until the speaker is finished or after the pending business is disposed of or upon response from the authority consulted. It does not require a second, not debatable and cannot be amended. The format is

usually thus:___________________________________________________________ Kagawad X : “Mr. Chairman, parliamentary inquiry!” Presiding Officer : “Yes, Kagawad X. State your parliamentary inquiry.” Kagawad X : “May I be informed what vote is necessary to suspend

the rules.”Presiding Officer : (IF HE KNOWS) “According to Sec. ___ of the Rules,

by affirmative votes of 2/3 of the members”; OR (IF HE CAN’T RECALL) ” May I refer the inquiry to the Committee on Rules for an answer.”

Chairman : “Mr. Chair, according to Sec. ___ of the Rules, by an affirmative votes of 2/3 of the members.”

Presiding Officer : “Kagawad X, according to Sec. ___ of the Rules, the affirmative votes of 2/3 of the members is necessary to suspend the rules.”

Kagawad X : “Thank you, Mr. Chair.”__________________________________________________________

Point of Information

This motion is similar to parliamentary inquiry except that

1) it seeks to obtain a pertinent information related to the principal issue under discussion.; OR

2) it seeks to provide a pertinent information related to the principal issue under discussion;

It is the right of every member to be informed at all times of the question pending before the body and it is the duty of the Presiding Officer to give out such information if he decides that the request is a reasonable one. Often, the format thus:

Kagawad X : “Mr. Chairman, point of information.”Presiding Officer : “Yes, Kagawad X, State your information”Kagawad X : “Mr. Chair, I wish to know if the issue now under consideration of this body is in the order of business.”

OR :”Mr. Chair, I wish to know if the speaker can entertain

a question. or two.”

Presiding Officer : “Can the gentleman reserve his inquiry for the open forum after the speaker shall have finished his presentation?” Kagawad X : “I submit, Mr. Chairman. Thank You.”

OR

Presiding Officer : (Addressing the speaker) “Is the Hon. Kagawad Y willing to answer a question or two?Kagawad Y : “Gladly, Mr. Chairman.”

Presiding Officer : (addressing Kagawad X) “The gentleman can now ask his question.”

Kagawad X : “Mr. Chair, I would like to know the source of the statistics cited by the speaker”

Presiding Officer : (addressing the speaker) “Hon. Kagawad Y will please answer the inquiry.”

Kagawad Y : “Mr. Chair, the source of my statistics is a National Survey ……………”

Kagawad X : “Thank you, Mr. Chairman.”_________________________________________________________

PRIVILEGED MOTIONS

Class of motion which do not directly relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. Thus, it can be said to be a class of motions which are privileged and treated with special priority attention.

Examples:

Fix the Time To Which To Adjourn Adjourn Take a Recess

Raise a Question of Privilege Call For the Orders of the Day

ILLUSTRATION

Fix the Time To Which To Adjourn

This motion seeks to set IN ADVANCE the time when the meeting will adjourn. Once approved, the meeting continues until the time agreed

upon is reached.

Adjourn (Generally cannot be made while a member has the floor UNLESS submitted at the time set by the Rules of Order for adjournment.)

This motion seeks the adjournment of the meeting upon approval by the assembly.

Recess

While the Presiding Officer can declare a recess as the need arises, Same can be sought by a member. A motion to declare a recess should

specify the duration which, when approved, the Presiding Officer shall be duty-bound to strictly enforce.

Raise a Question of Individual/Collective Privilege

This motion seeks to call for an immediate action by the Presiding

Officer to address the matter brought to his attention which is adversely affecting the movant’s or that of the assembly’s comfort and convenience.

Call for the Orders of the Day

This motion seeks the intervention of the Presiding Officer to redirect the assembly’s attention to the “Order” or “business” on the table.

PRECEDENCE OF MOTIONSPRIVILEGED MOTIONS

1. Fix the Time To Which To Adjourn 2. Adjourn (Generally cannot be made while a member has the floor UNLESS submitted at the time set by the Rules of Order for adjournment.) 3. Recess 4. Raise a Question of Individual/Collective Privilege 5. Call for the Orders of the Day

SUBSIDIARY MOTIONS

6. Lay On the Table 7. Call the Previous Question 8 Limit or Extend Limits of Debate 9. Postpone Definitely

10. Commit or Refer To a Committee 11. Amend

12. Postpone Indefinitely

MAIN MOTION ( Collectively ranked No. 13 )

Original/General MAIN MOTION

Incidental/Specific MAIN MOTION

a) Take From the Table b) Rescind or Amend something previously adopted c) Discharge a Committee d) Reconsider

INCIDENTAL MOTIONS

(Without individual or collective ranking or order of precedence among themselves. They arise only incidentally out of the pending question. They take precedence over the question from which they arise. )

i) Point of Order

ii) Appeal iii) Suspend the Rules iv) Divide the Question v) Divide the Assembly vi) Parliamentary Inquiry vii) Point of Information viii) Withdraw a Motion

ORDER OF BUSINESS

A permanently organized deliberative body (or regularly meets for a fixed duration) is presumed to follow an established “order of business” that specifies the sequence in which general types or classes of business are brought up or permitted to be introduced for consideration of the body.

NOTE: Article 107, RULE XVII of the Implementing Rules and Regulations of Republic Act 7160 essentially prescribes a “|Three (3) Reading Model of the Order of Business in Sanggunians.

In its “Local Legislators’ Toolbox, p. 67, the Institute of Local Government Studies proposed an Order of Business, as follows:

ORDER OF BUSINESS

I. Call to Order II. National Anthem and Invocation

III. Roll Call IV. Approval of the Minutes of the Previous Meeting/Session

V. Reference of Business (also known as First Reading and Referral) a) Proposed Ordinances b) Proposed Resolutions c) Petitions or Requests d) Other Communications

VI. Committee Reports VII. Calendar of Business (Also known as Second Reading and Debate) VIII. Business on Third and Final Reading IX. Other Matters X. Adjournment

CALENDAR OF BUSINESS

The “Calendar of Business” constitute the HEART of every session or meeting of a legislative body as a deliberative assembly. It is widely known as

the “Second Reading and Debate” part of the Order of Business. It contains the following “business”:

1) UNFINISHED BUSINESS- A question or proposal which has remained undecided by the sanggunian at the time of its adjournment in the immediately preceding session/meeting

which need to be disposed of from the “period” it was at the time of adjournment.

2) BUSINESS FOR THE DAY- A Calendar of proposed legislative acts reported out by the Committees for Second Reading. The items will be taken up in the order they appear on the calendar as determined by the Committee on Rules.

3) UNASSIGNED BUSINESS- A listing of proposed legislative acts embodied in Committee Reports, the dates of discussions on which have not as yet been determined.

All BUSINESS under “Calendar of Business” or “Second Reading and Debate” shall be collegially processed through the following PERIODS/STAGES:

-PERIOD OF SPONSORSHIP and INTERPELLATION

This is the stage where the “sponsorship speech” shall be delivered by the Chairman of the Committee who earlier recommended favorable consideration of the proposed legislative act by the sanggunian. The speech shall essentially focus on the basis, purpose and benefits that the legislative act will generate.

-PERIOD OF COMMITTEE AMENDMENTS

This is the stage where the Chairman of the Committee will present the “Committee Version” of the proposed legislative act.

-PERIOD OF INDIVIDUAL AMENDMENTS

This is the stage where the Presiding Officer shall present the principal parts of the proposed committee version of the legislative act to the body for individual members to deliberate for approval by parts from Title to Effectivity clause.

-APPROVAL ON SECOND READING

This is the stage where all the approved version of the essential parts of the legislative act is subjected to approval by the body.

TIPS FOR THE PRESIDING OFFICER

A. IN HANDLING MEETINGS/SESSIONS ( Legislative functions)

1. MASTER the IRP and BASIC PARLIAMENTARY PROCEDURE2. FAMILIARIZE WITH THE ORDER OF BUSINESS BEFORE STARTING3. REMAIN IMPARTIAL/OBJECTIVE4. POSITION YOURSELF FOR PSYCHOLOGICAL ASCENDANCY5. MAINTAIN DEMOCRATIC TRADITION on VOICE OF MINORITY6. GIVE INFORMATION7. DISTINGUISH “SUBSTANTIVE” from “PROCEDURAL” ISSUE8. MASTER HOW TO HANDLE MOTIONS9. MANAGE THE SECOND READING

B. IN HANDLING HEARING and DELIBERATION (Quasi-Judicial functions)

1. MASTER the RULES OF PROCEDURE and the ROLE OF A PRESIDING JUDGE

2. ENSURE THAT THE JURY AND SECRETARY ARE READY BEFORE CALLING THE CASE. REMIND THE JURY OF THEIR INDIVIDUAL AND COLLEGIAL DUTIES;

3. ASCERTAIN REPRESENTATION OF THE PRINCIPAL PARTIES and VALIDATE EACH COUNSEL’S READINESS;4. AFFORD DUE PROCESS TO BOTH PARTIES5. POSITION YOURSELF FOR PSYCHOLOGICAL ASCENDANCY6. MASTER THE RULES ON EVIDENCE: “Substantive” and “Procedural”7. MAINTAIN IMPARTIALITY8. DISCOURAGE FOSTERING DEBATE BETWEEN THE JURY and PARTY or COUNSEL

-Refer any legal issue/argument of one counsel to the opposing counsel;-If necessary, require the counsels to submit position papers on the

legal issue before the JURY renders its RULING10. ALLOW the JURY to ask CLARIFICATORY QUESTIONS after a

Witness has testified and was cross-examined; Set the sequence of asking questions among the JURY.

11. STICK WITH THE ORDER OF PRESENTATION OF EVIDENCE12. DISQUALIFICATION ISSUE IS FOR THE CONCERNED JURY TO

DECIDE.DELIBERATION ON MERITS

1. Ascertain common understanding of the elements of the ground charged2. Penalty for offense proved is prescribed by law, NOT BY VOTING;3. VOTING on GUILT of RESPONDENT AFTER DELIBERATION OF THE FACTS PROVING THE EXISTENCE/INEXISTENCE OF THE ELEMENTS OF THE CHARGE4 .CONFIDENTIALITY AND EXCLUSIVITY OF DELIBERATION5. PONENTE 6.REQUISITES OF A DECISION

CHAPTER -----

LEGISLATIVE ACTS, RECORDS and TOOLS

A legislative Body such as the sanggunian speaks through its Legislative Acts, namely: ORDINANCE and RESOLUTION.

ORDINANCE is “a legislative act of general and permanent character” while RESOLUTION is “temporary in character”, an expression of legislative sentiment” as well as “exercise of proprietary powers.”

“An Ordinance is a local law, a regulation of general, permanent nature, a rule established by a governing authority for compliance of all inhabitants and all who sojourn within its territorial jurisdiction” (“Discanso vs Gatmaitan”, G.R. 12226, October 31, 1960) ;

“An Ordinance is intended to permanently DIRECT and CONTROL matters applying to persons or things in general.” (“Garcia vs COMELEC”, G.R. 111230, Sept. 30, 1994, EN BANC)

TYPES OF ORDINANCES

A. GENERAL ORDINANCE- A legislative act in the exercise of POLICE or GENERAL WELFARE POWER prescribing regulatory measures.

B. APPROPRIATION ORDINANCE- A legislative act in the exercise of the Power of Appropriation of local funds for purposes allowed by law.

C. TAX ORDINANCE- a legislative act in the exercise of Taxing or Revenue Generating Power whose primary purpose is to raise local revenues through the imposition or levying of tax, fee or charge subject to limitations prescribed by law.

D. SPECIAL ORDINANCE- a legislative act for a specific purpose allowed by law.

RESOLUTION- “an act expressing an opinion of a legislature which is only temporary or transitory effect. It is a statement of verdict, decision, resolve, but not a law.” (“Garcia vs COMELEC”, G.R. 111230, Sept. 30, 1994)

- “… refers to matters which are temporary in nature or which involve ministerial functions or duties such as expression of legislative sentiment, exercise of proprietary functions and private concerns.”

(Deliberations of the Committee on Local Government, Interim Batasang Pambansa, Dec. 2, 1982 as cited by Antonio R. Laurora, “Guide to Effective Local Legislation”, 1987, p. 24)

TYPES OF RESOLUTIONS

A. STANDARD-Commonly used in private organizations and is more appropriate for expression of sentiments, desire, aspiration, request or will.

B. COMMISSION-Commonly used by “Commissions” or “Boards” exercising regulatory powers and is applicable in resolutions containing Decisions, Position or Stand on certain issues.

Form or Substance?

“It is the substance, spirit or essence, and not the form of legislative act that controls.” (“Manila Race Horses Trainers Asso., Inc. & Juan F. Sorden vs De La Fuente”’ 68 Phil 60, Jan. 11. 1951)

“Legislative acts which are ordinances in substance but resolution in form shall be construed as ordinance.”(“Favis vs City of Baguio”, 21 SCRA 1960)