Local Legislators’
Toolkit
Local Legislators’ Toolkit
Writer
Sheila Espine-Villaluz
Technical and Editorial Team
Atty. Evelyn Jiz, LGSP
Divina Lopez, LGSP
Myn Garcia, LGSP
Ria Adapon, LGSP
Lay out
Sheila Espine-Villaluz
Russell V. Fariñas
Cover Design
Russell V. Fariñas
Local Legislators’ Toolkit
Copyright 2004 Philippines- Canada Local Government Support Program (LGSP)
All rights reserved
The Philippines- Canada Local Government Support Program (LGSP) encourages the use,
translation, and adaptation and copying of this material for non-commercial use, with appropriate
credit given to LGSP.
Although reasonable care has been taken in the preparation of this handbook, neither the
publisher and/or contributor and/or writer can accept any liability for any consequence arising from
the use thereof or from any information contained herein.
ISBN 971-92718-5-X
Printed and bound in Manila, Philippines
Published by:
Local Government Academy (LGA)
8/F Agustin Building
Emerald Ave. 1600 Pasig City, Philippines
Tel No.: (632) 634-8430
Philippines- Canada Local Government Support Program (LGSP)
Unit 1507 Jollibee Plaza
Emerald Avenue, Pasig City
1600 Philippines
Tel. Nos. (632) 637 3511- 13
www.lgsp.org.ph
Programme de soutien aux
gouvernements locaux
A JOINT PROJECT OF
Depa
rtment of the Interior and
National Economic and
Canadian International
Local Government (DILG)
Development Authority (NEDA)
Development Agency
(CIDA)
IMPLEMENTED BY
Agriteam Canada
www.agriteam.ca
Federation of Canadian
Municipalities (FCM)
www.fcm.ca
TABLE OF CONTENTS
Foreword
Preface
Acronyms
Tool Index
About the Toolkit
1
Part One. Understanding Effective Local Legislation
4
A. Meaning and Importance of Local Legislation
5
B. Framework for Effective Local Legislation
8
C. Development Issues for Effective Local Legislation
13
Part Two. Getting the Sanggunian Ready to Work
18
A. Understanding the Roles and Duties of Local Legislators
19
B. Choosing the Legislative Leadership
54
C. Adopting the Internal Rules of Procedure
57
D. Organizing the Sanggunian Committees
63
E. Setting Up the Office of the Secretary
69
F. Setting Up a Legislative-Executive Coordinating Council
73
Part Three. The Sanggunian at Work: The Local Legislation Cycle
86
A. Formulating the Legislative Agenda
87
B. Crafting Ordinances and Resolutions
102
C. Enacting Ordinances and Codes
119
D. Evaluating the Implementation of Ordinances
275
Part Four. Getting Citizens Involved in Sanggunian Work
279
A. Why Get Citizens Involved?
280
B. Mechanisms for Legislative Participation
281
C. Public Outreach Tools
283
Part Five. Assessing the Work of the Sanggunian
286
A. Legislative Performance Indicators
287
B. Local Legislative Performance Appraisal Form
289
References
FOREWORD
The Department of the Interior and Local Government (DILG) is pleased to acknowledge the
latest knowledge product of the Philippines-Canada Local Government Support Program
(LGSP), The Local Legislators’ Toolkit. It is indeed a timely contribution to the Department’s
continuing efforts in enhancing the quality of local governance in the country.
Effective local legislation is a result of the interaction of the legislature with the executive
and civil society to address the development objectives of the community. A needs-based
and participatory process in formulating a Legislative Agenda is crucial in supporting the
local development priorities defined in the Executive Agenda. As a companion piece to the
Manual and Facilitator’s Guide on How to Formulate an Executive and Legislative Agenda
for Local Governance and Development, this practical and user-friendly reference provides
the necessary tools for strategic and effective legislation that converges with and supports
executive priorities.
Legislators must have a clear understanding of their roles as a policymaker, lawmaker,
representative, and constituency builder. This understanding is key to effective performance
of their functions in the various stages or processes of legislation: legislative agenda
formulation, drafting of ordinances and resolutions, enacting ordinances and codes of
ordinances, and evaluation of ordinance implementation.
To be effective, legislation also requires efficient systems and procedures to manage and
translate information into legislative measures: legislative tracking system, management
information systems, and documentation of the legislative process. It also requires strong
staff support equipped with technical skills in policy analysis, research and participatory
processes and legislative drafting.
Thus, this toolkit provides very useful information for local legislators and legislative bodies.
It features templates, checklists and process guides that would help local legislators
understand their role better and perform their tasks more efficiently and effectively
We hope that this toolkit will serve as an inspiration to local legislators to chart a common
vision for their LGUs and to work more closely with Local Chief Executives and civil society
in leading the people to arrive at that shared vision.
Mabuhay!
HON. JOSE D. LINA
SECRETARY
Department of the Interior and Local Government
PREFACE
The Local Legislators’ Toolkit represents the lessons learned and practices of the
sanggunian or local legislative bodies that were supported by the Philippines-Canada Local
Government Support Program (LGSP) in 2002. The result is a systematic collection of tools
used and developed in formulating the Legislative Agenda and enhancing systems and
structures for effective local legislation that is participatory-based and development
focused.
The Toolkit 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.
The LA process and EA process have been revisited by LGSPsince and the focus is now on
formulating an Executive-Legislative Agenda (ELA) that represents the convergence of the
executive and legislative priorities as critical inputs to strategic and results-oriented planning
at the local level. For this purpose, the toolkit is distributed with the Manual and Facilitator’s
Guide to How To Formulate an Executive-Legislative Agenda for Local Governance and
Development.
The Toolkit presents the major outputs of LGSP sanggunian partners which includes 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 make it simpler and
easier for local legislative bodies to perform their many legislative tasks, from organizing the
sanggunian to work as a team to involving citizens involved in legislative decision-making.
The Toolkit is a contribution to the limited resources on local legislation by supplementing
already available books, manuals and training materials on local legislation developed by
government and nongovernmental resource institutions engaged in local governance, local
legislation and legislative capacity development. They include the Local Government
Academy, Development Academy of the Philippines, Institute of Local Government Studies,
Local Government Development Foundation and the Center for Legislative Development.
It is hoped that the Toolkit 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.
The Philippines-Canada Local Government Support Program
ACRONYMS
CDP
Comprehensive Development Plan
CSOs
Civil Society Organization
DILG
Department of Interior and Local Government
ELA Executive-Legislative
Agenda
GAD
Gender and Development
IRP
Internal Rules of Procedure
IRR
Implementing Rules and Regulations
LA Legislative
Agenda
LCE Local
Chief
Executive
LDP
Local Development Plan
LGA
Local Government Academy
LGC
Local Government Code
LGPMS
Local Governance Performance Management System
LGSP
Philippines-Canada Local Government Support Program
LGU
Local Government Unit
LLEDAC Local
Legislative-Executive Development Advisory Council
LLPAF
Local Legislative Performance Appraisal Form
NCRFW
National Commission on the Role of Filipino Women
NGOs Non-Governmental
Organizations
POs People’s
Organizations
TCC
Technical Committee on Codification
TOOL INDEX
Page No.
Codification
Steps in Codification
132
Template: Resolution Creating the Technical Committee on Codification
135
Template: Action Plan for Codification
137
Sample Format for Listing of Ordinance
138
Sample Format for Classification of Ordinances
138
Sample Code of General Ordinances
139
Sample Administrative Code
170
Sample Gender and Development Code
212
Sample Environment Code
237
Committees
Functions, Structure and Composition of Committees
64
Guide Questions for Organizing Sanggunian Committees
65
Basic Standing Committees and Their Functions
67
Internal Rules of Procedure
Template: Internal Rules of Procedure
58
Template: Resolution Adopting the IRP
61
Checklist: Minimum Contents of the IRP
62
Legislative Agenda
LA Process vis-à-vis the ELA Process
89
Sample LA Team Structure
90
Sample Format of Priority Legislative Measures
95
Template: The Legislative Agenda
96
Checklist: Criteria of a Good LA
97
Sample Resolution Adopting the LA
98
Guide to Developing the LA Advocacy Brochure
100
Sample Format of the LA Calendar of Activities
101
Legislative-Executive Development Advisory Council
LLEDAC Areas of Concern
75
Steps in Creating the LLEDAC
76
Sample LLEDAC Ordinance
77
Template: LLEDAC Rules of Procedure
80
Legislative Oversight
Legislative Oversight Techniques
276
Template: Legislative Monitoring Tool
278
Legislative Performance
Local Legislative Performance Appraisal Form
289
Legislative Process
The Local Legislative Process
120
The Local Legislative Process Flowchart
123
Template: The Order of Business
126
Template: The Committee Report
128
Template: Minutes of a Public Hearing
129
Page No.
Template: The CSO Yellow Pages
130
Local Legislation
Figure 1. Framework for Effective Local Legislation
9
Local Legislators
Self Analysis Checklist – Why Did I Become a Local Legislator?
21
Roles of a Local Legislator
23
Template: Oath of Office
25
Checklist: Duties of an Individual Sanggunian Member
26
Checklist: Desired Values and Skills of a Sanggunian Member
26
Ordinance Drafting
Steps in Fishbone Analysis
105
Sample Fishbone Analysis
106
Basic Research Methods
107
Elements of an Ordinance
108
Kinds of Ordinances
109
Sample Format of an Ordinance
110
Checklist: Requisites of a Valid Ordinance
111
Checklist: Grammar and Usage in Ordinance Drafting
112
A Final Checklist for Drafting Ordinances
115
Rules on Gender-Neutral Writing
116
Presiding Officer
Checklist: Powers and Duties of a Presiding Officer
55
Checklist: Qualities of a Good Presiding Officer
56
Public Outreach Tools
Legislative Digest
283
Sanggunian Brochure
283
Media Tools
284
Website
284
Letter to Constituents
285
Barangay or Purok Hopping
285
Study Visits for Students
285
Sanggunian
Composition of the Sanggunian
27
Checklist: Powers, Duties and Functions of the Sangguniang Panlalawigan
28
Checklist: Powers, Duties and Functions of the Sangguniang Panlungsod
33
Checklist: Powers, Duties and Functions of the Sangguniang Bayan
42
Checklist: Powers, Duties and Functions of the Sangguniang Barangay
51
Secretary to the Sanggunian
Checklist: Duties of the Secretary to the Sanggunian
70
Sample Organizational Chart of the Sanggunian
71
ABOUT THE TOOLKIT
Who Is the Toolkit For?
This toolkit is intended for the use of sanggunian or legislative bodies of local government
units. It is designed for local legislators or members of the sanggunian at all levels,
barangay, municipal, city and province. It focuses on specific tasks and processes of
legislative work and provides local legislators with the tools to do them.
What is the Toolkit For?
The toolkit aims to provide a practical, step-by-step guide to making local laws or legislation
easier, simpler yet responsive to people’s needs. It aims to promote effective local
legislation as a way of enhancing local governance and attaining development for local
communities. It contributes to building capacities of local legislators by providing them with
tools to understand local legislation as a systematic, participatory process that involves
specific, interrelated tasks and interaction with various stakeholders to address development
goals.
What the Toolkit Contains
The toolkit “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 tools in this kit were developed from the collective experience and innovations of
selected legislative bodies in Western Visayas involved in legislative capability building
programs of the Philippines-Canada Local Government Support Program (LGSP). They are
also products of the LGUs’ exposure to exemplary legislative practices of selected local
governments recognized for their excellence in local governance innovation. 1
The toolkit is organized into five major parts. Part One “Understanding Local Legislation”
revisits the meaning of local legislation as the process and the product of a system
consisting of structures, cycles, processes, procedures and people. It also provides a guide
or framework to understand the elements of effective local legislation -- an efficient
institution or organization, a participatory local legislation process, and a development
perspective. In short, effective local legislation is essentially about addressing the
development objectives of a local government unit – poverty reduction, environmental
protection, gender equality, peace and unity, accountability and transparency, and citizen
participation.
Part Two “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.
Part Three “The Sanggunian at Work” focuses on understanding the local legislation cycle
and shares tools that sanggunian members need to perform the following critical tasks:
1. formulating and managing the legislative agenda
2. crafting ordinances and resolutions
3. enacting ordinances and codes of ordinances
4. evaluating the implementation of ordinances
1 LGSP partner LGUs were able to visit and interact with elected officials from the Province of
Bulacan, Marikina City and the Municipality of Sta. Maria, Bulacan.
2
Part Four “Getting Citizens Involved in Sanggunian Work” provides tools for reaching
out to constituents and civil society groups and getting them to pro-actively participate in
legislative decision-making.
Finally, Part Five “Assessing the Work of the Sanggunian” shares tools that a
sanggunian may use to assess its overall performance as an institution and based on these
findings define benchmarks for effective local legislation.
How to Use the Toolkit
The tools in this kit are intended to be used as aids or guides, not as models, for doing
specific legislative tasks. They may be used together with available textbooks and
handbooks on local legislation that provides 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. 2
The toolkit is published in electronic form to make it easy for users to adapt, modify, update,
supplement, and print only specific sections needed. 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. To make it easier to navigate between the pages, tools are numbered
chronologically and listed at the start of each major section. Users will find the tool number
and descriptive title written at the upper right or middle portion of the page. Finally, a Tool
Index found in the first part of the toolkit lists all the tools according to key legislative terms
to help users quickly locate the pages they need.
2 Selected references on parliamentary procedure: Antonio Orendain, Parliamentary Rules by
Orendain. Mandaluyong City: Alpha Omega Publications, 1961; Reverendo Dihan, Handbook on
Local Legislation. Quezon City: MaryJo Publishing Inc.,1998; and Institute of Local Government
Studies, Inc., Local Legislators Toolbox, Manila, 1995.
3
PART ONE
UNDERSTANDING EFFECTIVE
LOCAL LEGISLATION
The first requirement of becoming an effective local legislator is to understand 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.
4
A. MEANING AND IMPORTANCE OF LOCAL LEGISLATION
What is local legislation?
Local legislation can be understood in two ways: as power and as a process.
Local Legislation as power
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.
Local Legislation as a process
Local legislation is the interaction of the local legislative body with the executive
branch, civil society including constituents, nongovernmental organizations and the
private sector resulting in ordinances and resolutions that promote the development
of a local government unit (LGU). The products or outputs of this interaction are
ordinances and resolutions.
Ordinance
An ordinance is a local law that prescribes rules of conduct of a general, permanent
character. It continues to be in force until repealed or superseded by a subsequent
enactment of the local legislative body.
Resolution
A resolution is a mere expression of the opinion or sentiment of the local legislative
body on matters relating to proprietary function and to private concerns. It is
temporary in character.
Why is local legislation important?
Local legislation is important because it is a powerful, vital tool for:
• addressing the problems of the citizens of the LGU
5
• promoting the general welfare and development of the LGU and its citizens
• attaining the vision of the LGU for its citizens
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 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:
1. preservation and enrichment of culture;
2. promotion of health and safety;
3. enhancement of the right of the people to a balanced ecology;
4. encouragement of, and support to, the development of appropriate and self-reliant
technological capabilities;
5. improvement of public morals;
6. enhancement of economic prosperity and social justice;
7. promotion of full employment among the residents; and
8. maintenance of peace and order as well as the preservation of the comfort and
convenience of the inhabitants.
Who makes local legislation?
Local legislation is a participatory process. It acquires legitimacy and social acceptability
though the involvement of stakeholders in the LGU. In this context, stakeholders are groups,
organizations and individuals who have a ‘stake’ in or whose interests will be affected by the
process of making laws or policies. Local legislation is made by key stakeholders in the
LGU:
• the sanggunian or local legislative body
• the local chief executive, including local government executives
• the constituents
6
• the civil society organizations, nongovernmental organizations, and people’s
organizations
• the private sector and other interest groups.
Legislative authority at the local level is vested in the sanggunian or the local legislative
body. The sanggunian is a collegial body, composed of a group 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:
Sangguniang Panlawigan for provinces
Sangguniang Bayan for municipalities
Sangguniang Panlungsod for cities
Sangguniang Barangay for barangays
In the autonomous regions of the country, legislation is made by the regional legislative
assemblies, e.g. Regional Legislative Assembly of the Autonomous Region in Muslim
Mindanao.
7
B. FRAMEWORK FOR EFFECTIVE LOCAL LEGISLATION
What is effective local legislation?
Effective local legislation is a collective and participatory process. It refers to the interaction
of the sanggunian or local legislative body with the executive branch and civil society
resulting in legislative actions that promote the development objectives of the LGU.
Civil society includes the private sector, nongovernmental organizations (NGOs), people’s
organizations (POs), civil society organizations (CSOs), and constituents. The participation
of these individuals and groups is essential to ensure the legitimacy and social acceptability
of ordinances and resolutions enacted. Figure 1 shows the effective interface of the
executive and legislative agenda with the LA and the various stages at which inputs from
CSOs, the private sector and constituents can be solicited.
To be effective, local legislation requires three elements:
1. institutional efficiency
2. local legislation cycle 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
mechanism for legislative-executive coordination
The presence of adequate and functioning structures and systems make 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 the
8
substance of draft ordinances cannot be enhanced by NGOs without sanggunian
committees to get their views and perspectives.
Figure 1. Framework for Effective Local Legislation 3
Legislation Cycle
Legislative Agenda
Formulation
CSOs,
Development
Constituents
NGOs, POs
Poverty
Ordinances
Reduction
Executive-Legislative
Agenda *
Gender Equality
Resolutions
Evaluation of
Crafting of
Environmental
Implementation of
LGU Vision &
Ordinances &
Protection
Ordinances
Mission
Resolutions
Codes of
Ordinances
Peace/Unity
Accountability/
Transparency
LCE,
Government
Private
Citizen
Agencies
Sector
Participation
Enactment of
Ordinances and
Codification
Institutional
Efficiency
* The Executive-Legislative Agenda (ELA) is an integrated plan that contains the major
development thrusts and priorities of the executive and legislative branches towards a common
vision for the locality. 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 the
implementation of 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).
3 Adapted from the project framework of the LGSP VI and Development Academy of the Philippines
Project on Enhancing LGU Effectiveness in Policy Formulation and Local Legislation. Source: DAP,
Terminal Report, Enhancing LGU Effectiveness in Local Legislation, March 2003.
9
Local Legislation Cycle
As an institution tasked to carry out a public mandate, the sanggunian must have a clear
understanding of the vision and mission of the LGU unit to which it belongs. As well, its
work must be guided by a clear process that defines the role of different stakeholders in
each stage or phase.
Local legislation is a cycle that involves four phases or stages:
1. Legislative Agenda Formulation
2. Crafting of Ordinances and Resolutions
3. Enactment of Ordinances and Codes of Ordinances
4. Evaluation of the Implementation of Ordinances
At each phase, various stakeholders in the LGU interact with the sanggunian to ensure that
measures produced address the development objectives of the LGU.
Phase 1. Legislative Agenda Formulation
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
which the sanggunian seeks to enact for the duration of its term or what is called a
legislative agenda.
A legislative agenda (LA) is a package of priority policies and legislative measures
designed to support local development priorities, particularly those defined in the
executive-legislative agenda (ELA). As defined in the ELA Manual, the ELA is an
integrated plan that contains the major development thrusts and priorities of both the
executive and legislative branches towards a common vision for the locality.
With the ELA as 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
10
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:
1) identifying and analyzing a policy problem to be addressed by legislation
2) gathering research-based information, and
3) drafting the legislative proposal.
A good analysis is informed by a sufficient knowledge of the development issues that
should be addressed by ordinances: poverty reduction, gender equality,
environmental protection, peace and unity, accountability and transparency, and
citizen participation.
Drafting a legislative proposal requires knowledge of its parts or elements, rules of
construction such as grammar and usage, form and style. Civil society groups in the
local government can influence this phase of the cycle by drafting the language of a
legislative proposal and giving it to a local legislator for sponsorship or through a
people’s legislative initiative.
Phase 3. Enactment of Ordinances and Codes of Ordinances
This stage involves the process of deliberation, consultation, codification and
consideration that a draft ordinance or resolution undergoes before it is adopted or
enacted. Without executive approval, an ordinance passed by the sanggunian
cannot be implemented. The executive branch and the civil society groups can
influence this stage by participating in committee activities and other stages of the
legislative process from first reading to approval of the measure by the local chief
executive (LCE).
11
Phase 4. Evaluation of the Implementation of Ordinances
The work of the sanggunian does not end with the enactment of a law. The
sanggunian must determine if the ordinances it enacted are implemented and if so,
how they are implemented by the executive branch. The evaluation process seeks to
determine if legislative intent is carried out and determine if funds used for
implementing 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 and become an additional agenda or part of the legislative agenda of a new set
of legislators. The cycle continues with the crafting of new ordinances, their
enactment and evaluation.
Development
Development is a goal and an end of local legislation. Development is the sustained
capacity to achieve a better life. For a nation or community, having a better life means that
citizens have a higher life expectancy and enjoy a higher quality of life regardless of age,
sex, gender, religion or ethnicity. Quality of life involves: a) the capacity to do, and b) the
capacity to be. Underlying these capacities is the freedom of choice. Hence, development is
also about expanding the range of choices of people. 4
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.
4 Amartaya Sen, 1998, “The Concept of Development,” in Hollis B. Chenery and T.N. Srinivasan,
Handbook of Development Economics, Vol. m1, Elsevier Science B.V.
12
C. DEVELOPMENT
ISSUES FOR EFFECTIVE LOCAL
LEGISLATION
For legislation to result in development and transform the lives of people in a meaningful
way, it must address the six crosscutting development themes or issues: poverty reduction,
gender equality, environmental protection, peace and unity, accountability and transparency
and citizen participation.
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 that are unable to meet their basic needs to attain a
decent life. They are persons deprived of a long and healthy life, of acquisition of knowledge
and of access to resources for a decent standard of living. 5
Local legislation can reduce poverty if it improves the ability of citizens to purchase goods
and services, to produce these goods and services or avail of them from government or
nongovernmental organizations. By improving this ability, citizens are enabled to have a
long and healthy life and to 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.
5 United Nations Development Programme, Human Development Report, New York: Oxford Press,
1997; and NAPC and DILG, Guidebook on Poverty Diagnosis and Planning.
13
Gender equality
Gender equality, as a key to development, means the equal empowerment and participation
of women, men and other subgroups of society, i.e. homosexuals, in all spheres of public
and private life: political, economic, social and cultural. It means giving women, men and
other discriminated subgroups in society equal rights and the same opportunities to
participate fully in the development of their communities and societies and to achieve self-
fulfillment. 6 These rights include:
• 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 country are allocated and used.
Local legislation promotes gender equality if local laws and guidelines enacted ensure that
needs of women, men and other subgroups are considered and addressed. These interests
and needs can often be different, requiring different approaches and services. It is
important for gender concerns to be mainstreamed or taken into account 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 the ones securing basic services such as health services, 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
6 DILG, NCRFW, WIN and UNICEF. Moving Forward with GAD, A Handbook on Gender and
Development for the Sanggunian Committee on Women and Family.
14
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
• Gender and 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.
Similarly, LGSP published the following resources on gender and development:
• Toolkit for Mainstreaming the Crosscutting Themes
• Freedom From Fear: Establishing Quick Response Team for Violence Against
Women. A Guide for Local Governments, 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 resource, 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
15
and supporting plans and programs, consistent with the LGUs’ mandate to enhance the right
of the people to a balanced ecology.
Peace and unity
The presence of violent conflict interferes with the way local government is able to “function”
and deliver basic services to its citizens. It is imperative for local governments to 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 in promoting community
participation to ensure that all citizens have access to 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 there is respect for difference and diversity of
cultures promoted.
Local legislation also promotes unity when people in the LGU coming 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 people in
the LGU cooperate and form linkages and productive relationships in implementing
programs like delivery of health services, clean water and waste management.
To further assist LGUs promote peace and unity, the LGSP has published the Resource Kit
on the Culture of Peace, and Peace and Conflict Impact Assessment, which is available
from their website: http://www.lgsp.org.ph.
Accountability and transparency
Legislators hold public office, and as public officers must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives.
16
Local legislation promotes accountability and transparency among LGU officials if it:
results in government services that are responsive to citizens’ needs;
provides mechanisms for citizens to make their local officials answerable for their
actions or non-action to problems; and
provides mechanisms for citizens to feedback to local officials about the
effectiveness of government services.
Local legislation also promotes accountability and transparency if local government policies
and programs authorized or created through legislation use public resources efficiently. This
means control of public resources is not abused and public funds are not wasted due to
graft and corruption or inefficient implementation of programs.
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 what is collectively called civil society, in all its stages. 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, which is essential in securing the needed support for successful implementation or
enforcement of local laws.
17
PART TWO
GETTING THE SANGGUNIAN
READY TO WORK
Who will do what, when and how? This question is about 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 in 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:
• Understanding the Roles and Duties of Local Legislators
• Choosing the Legislative Leadership
• Adopting the Internal Rules of Procedure
• Organizing the Sanggunian Committees
• Setting Up the Office of the Secretary
• Setting up a Legislative-Executive Coordinating Council
18
A.
UNDERSTANDING THE ROLES AND DUTIES OF LOCAL
LEGISLATORS
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?
A local legislator or sanggunian member is generally understood to be:
• a lawmaker or a person who makes laws, and
• a member of a local legislative body with the power to make laws.
What does it really 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 providing for the establishment,
organization and operation of the local government.
• 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 to pay for
government operations, including salaries of local government officials and
personnel.
However, the local legislator is more than a lawmaker. He or she “wears many hats” or in
other words is expected to perform a variety of roles in the community – as a leader,
overseer, facilitator and institution builder, among others.
19
The following tools are useful in understanding the individual roles and collective
responsibilities of local legislators:
Tool 1 -
Self Analysis Checklist – Why Did I Become a Local Legislator?
Tool 2 -
Roles of a Local Legislator
Tool 3 -
Template: Oath of Office
Tool 4 -
Checklist: Duties of an Individual Sanggunian Member
Tool 5 -
Checklist: Desired Values and Skills of a Sanggunian Member
Tool 6 -
Composition of the Sanggunian
Tool 7 -
Checklist: Powers, Duties and Functions of the Sangguniang
Panlalawigan
Tool 8 -
Checklist: Powers, Duties and Functions of the Sangguniang
Panlungsod
Tool 9 -
Checklist: Powers, Duties and Functions of the Sangguniang Bayan
Tool 10 -
Checklist: Powers, Duties and Functions of the Sangguniang
Barangay
20
Tool 1
Self Analysis Checklist - Why Did I Become a Local Legislator?
“I ran for public office so I can serve the people.” This is a common statement among
elected public officials that means little unless the phrase “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.7
Instructions: Check only the boxes that describe your self.
1. I like to determine strategies that will 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 from among policy alternatives which will provide the most benefit
to my constituents.
4. I like to foster collective effort and 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 undertake the task of revenue generation and allocation to benefit my
constituents’ collective welfare and development.
9. I like to monitor that whatever is spent in the local government are 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.
7 Adapted from United Nations Centre for Human Settlements, Perspectives in Training Elected
Leaders, Nairobi, Kenya, 1992.
21
11. I like to ensure the continuity of work in the sanggunian despite changes in
leadership as a result of elections and ensure the sanggunian staff has adequate
capacities to provide technical support needed in legislative work.
12. I like to enhance the knowledge and skills, and orientations of my constituents for
performing community problem-solving and community development activities and
projects.
13. I like to review the performance of my local government unit and identify
strengths and weaknesses as well as 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 work on a broad and long-term program of action with other
legislators in the sanggunian.
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 if necessary negotiate with other
politicians to settle conflicts and arrive at a consensus on policy decisions.
22
Tool 2
Roles of a Local Legislator
A local legislator is expected to perform multiple roles.8 These roles describe the desired
values and skills of a local legislator.
1. Policy Maker – the extent to which the legislator determines strategies that will guide
present and future actions to benefit the LGU.
2. Policy Advocate – the extent to which the legislator is able to generate political support
for policies and proposals deemed beneficial to constituents.
3. Decision Maker – the extent to which the legislator is able to choose from among policy
alternatives which will provide the most benefit to constituents.
4. Facilitator – the extent to which the legislator fosters collective effort, helps solve
problems and ensures that committee meetings are productive, and manages
interpersonal and intergroup conflict.
5. Enabler – the extent to which the legislator is able to 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 his/her constituents’ collective
welfare and development.
8 Ibid.
23
9. Overseer - the extent to which the legislator is able to monitor that whatever is spent in
the local government are consistent with the purpose for which they have been
allocated.
10. Power Broker – the extent to which the legislator uses his/her authority or position as a
public official to benefit his/her constituents.
11. Institution Builder – the extent to which the legislator is able to 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 technical support
needed in legislative work.
12. Educator – the extent to which the legislator enhances the knowledge and skills, and
orientations of his/her constituents for performing community problem-solving and
community development activities and projects.
13. Evaluator – the extent to which the legislator is able to review the performance of the
local government unit he/she belongs to and identify strengths and weaknesses as well
as propose reforms and improvements.
14. Grassroots Builder – the extent to which the legislator engenders satisfaction among
constituents that he/she is 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.
24
Tool 3
Template: Oath of Office
On their first day on the job, sanggunian members take their individual oath of office. This
oath embodies the principle of “a public office is a public trust.” It represents the local
legislators’ acceptance of their duties as elected officials of the local government.
Republic of the Philippines
Province of ______
MUNICIPALITY OF ______
OATH OF OFFICE
I, _________________ of __________, __________, having been elected to the
position of Sangguniang Bayan Member hereby solemnly swear that I will well and faithfully
discharge to the best of my ability the duties of my present position and of all others I may
hereafter hold under the Republic of the Philippines; that I will support and defend the
Constitution of the Philippines; that I will bear true faith and allegiance to the same; that I will
obey the laws, legal orders and decrees promulgated by the duly constituted authorities of
the Republic of the Philippines; and that I impose this obligation upon myself voluntarily,
without mental reservation or purpose of evasion
SO HELP ME GOD.
__________________________
(Name and Signature)
SUBSCRIBED AND SWORN to before me this ___ th day of ____, 200______ at ______,
Province of ______, Philippines, affiant exhibited to me his/her Community Tax Certificate
No. _____ issued on _______, 200___ at ______, ________, Philippines.
__________________________
Administering Officer
(Name and Signature)
25
Tool 4
Checklist: Duties of an Individual Sanggunian Member
It is the responsibility of the sangggunian member to perform the following duties:
Make a full disclosure of his/her financial and business interests as required of
him/her 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 he/she is 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
Tool 5
Checklist: Desired Values and Skills of a Sanggunian Member
Following are the desired values and skills of a sanggunian member as follows: 9
Ability to actively and productively participate in sanggunian deliberations
Ability to advocate for active and sustained participation of the citizenry in the
decision-making process
Ability to be sensitive to issues and concerns that are within the competence and
authority of the sanggunian to resolve
Ability to make a commitment to high legislative performance
Have a thorough knowledge of the sanggunian Internal Rules of Procedure and
parliamentary procedures
Ability to express his/her thoughts and ideas in a clear manner
Ability to be objective, fair and just
A natural ability to relate to people
9 Institute of Local Government Studies, Local Legislators Toolbox, Manila, 1995.
26
Tool 6
Composition of the Sanggunian
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.
Composition of the Sanggunian of a Province, Municipality, City and Barangay
Sangguniang
Vice Governor as the Presiding Officer
Panlalawigan
Regular Members *
President of the Provincial Chapter of the League of Barangays
President of the Provincial Federation of the Sangguniang Kabataan
Three Sectoral Representatives **: one from the women; one from the
workers; and one from any of the following sectors: the urban poor,
indigenous cultural communities, disabled persons, or any other sector
as may be determined by the sanggunian
Sangguniang
Vice Mayor as the Presiding Officer
Bayan/
Regular Members *
Panlungsod
President of the Municipal/City Chapter of the League of Barangays
President of the Municipal/City Federation of the Sangguniang
Kabataan
Three Sectoral Representatives: one from the women; one from the
workers; and one from any of the following sectors: the urban poor,
indigenous cultural communities, disabled persons, or any other sector
as may be determined by the sanggunian
Sangguniang
Punong Barangay as the Presiding Officer
Barangay
Seven Regular Members
Chairperson of the Sangguniang Kabataan
* Article 94 of the IRR of the 1991 LGC defines the manner of election and number of sanggunian
members to be elected at the provincial, city and municipal levels.
** Congress has yet to enact an enabling law to determining the manner and date of election of
sectoral representatives to the sanggunian.
27
Tool 7
Checklist: Powers, Duties and Functions of the Sangguniang Panlalawigan
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:
i.
Review city/municipal ordinances. Review all ordinances approved by the
sanggunian of component cities and municipalities and executive orders issued
by the mayors of said component units to determine whether these are within the
scope of the prescribed powers of the sanggunian and of the mayor;
ii.
Maintain peace and order. 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 not exceeding
one(1) year, or both in the discretion of the court, for the violation of a provincial
ordinance;
iv.
Provide relief services. Adopt measures to protect the inhabitants of the
province 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 and 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 province;
28
vi.
Protect the environment. Protect the environment and impose appropriate
penalties for acts which endanger the environment, such as dynamite fishing and
other forms of destructive fishing, illegal logging and smuggling of logs,
smuggling of natural resources products and of endangered species of flora and
fauna, slash and burn farming, and such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes, or of ecological imbalance;
vii.
Define the duties of LGU officials. Subject to the provisions of the LGC and
pertinent laws, determine the powers and duties of officials and employees of the
province;
viii.
Provide compensation to LGU personnel. Determine the positions and the
salaries, wages, allowances and other emoluments and benefits of officials and
employees paid wholly or mainly from provincial funds and provide for
expenditures necessary for the proper conduct of programs, projects, services,
and activities of the provincial 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 safety of government property. Provide a mechanism and the
appropriate funds therefore, to ensure the safety and protection of all provincial
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 provincial
government; and
xi.
Provide additional allowances to government personnel. When the finances
of the provincial government allow, provide for additional allowances and other
benefits to judges, prosecutors, public elementary and high school teachers, and
other national government officials stationed or assigned to the province.
(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 thereto, shall:
29
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,
in order 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, for the purpose of raising 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 use of 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;
30
(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 pursuant to this legislative authority, shall:
i.
Impose service fees Fix and impose reasonable fees and charges for all
services rendered by the provincial government to private persons or entities;
and
ii.
Fix license fees. Regulate and fix the license fees for such activities as provided
for under the LGC.
(5) Approve ordinances which 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:
i.
Preserve the ecosystem. Adopt measures and safeguards against pollution and
for the preservation of the natural ecosystem in the province, in consonance with
approved standards on human settlements and environmental sanitation;
ii.
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;
iii.
Establish vocational and technical schools. Subject to the availability of funds
and to 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;
iv.
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;
31
v.
Adopt quarantine regulations. Approve measures and adopt quarantine
regulations to prevent the introduction and spread of diseases within its territorial
jurisdiction;
vi.
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;
vii.
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;
viii.
Establish 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;
ix.
Establish council for the elderly. Establish a provincial council for the elderly
which shall formulate policies and adopt measures mutually beneficial to the
elderly and to the province; and 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 such other powers and perform such other duties and functions as may
be prescribed by law or ordinance.
32
Tool 8
Checklist: Powers, Duties and Functions of the Sangguniang Panlungsod
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 of 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 an 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 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 city;
vi.
Protect the environment. Protect the environment and impose appropriate
penalties for acts which endanger the environment, such as dynamite fishing and
33
other forms of destructive fishing, illegal logging and smuggling of logs,
smuggling of natural resources products and of endangered species of flora and
fauna, slash and burn farming, and such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes, or of ecological imbalance;
vii.
Define 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 emoluments 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 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 the
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
34
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 thereto, shall:
i.
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, in order to promote
the general welfare of the city 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 Panlungsod, 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 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;
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 Panlungsod, enact ordinances authorizing the floating of bonds or
other instruments of indebtedness, for the purpose of raising 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 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;
vi.
Regulate use of property. Prescribe reasonable limits and restraints on the use
of property within the jurisdiction of the city;
35
vii.
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;
viii.
Reclassify land within the jurisdiction of the city, subject to the pertinent
provisions of the LGC;
ix.
Enact integrated zoning ordinances in consonance with 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 in
accordance with 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 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;
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 city waters;
xii.
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;
xiii.
Grant loans or provide grants to other local government units or to national,
provincial, and city charitable, benevolent or educational institutions: Provided,
That, said institutions are operated and maintained within the city;
xiv.
Regulate the numbering of residential, commercial and other buildings;
and,
xv.
Regulate the inspection, weighing and measuring of articles of commerce.
36
(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 pursuant 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 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 within the city as may be
allowed by existing laws: Provided, That, cooperatives shall be given preference
in the grant of such a franchise.
37
(4) Regulate activities relative to the use of land, buildings and structures within the
city in order to promote the general welfare and for said purpose shall:
i.
Declare, prevent or abate any nuisance;
ii.
Establish sanitation standards. Require that buildings and the premises
thereof and any land within the city be kept and maintained in a sanitary
condition; impose penalties for any violation thereof; or, upon failure to comply
with said requirement, have the work done at the expense of the owner,
administrator or tenant concerned; or require the filling up of any land or
premises to a grade necessary for proper sanitation;
iii.
Regulate disposal of hospital wastes. Regulate the disposal of clinical and
other wastes from hospitals, clinics and other similar establishments;
iv.
Regulate establishment of restaurants and lodging houses. Regulate the
establishment, operation and cafes, restaurants, beerhouses, hotels, motels,
inns, pension houses, lodging houses, and other similar establishments,
including tourist guides and transports;
v.
Regulate sale of liquor. Regulate the sale, giving away or dispensing of any
intoxicating malt, vino, mixed or fermented liquors at any retail outlet;
vi.
Regulate establishment of heating devices. Regulate the establishment and
provide for the inspection of steam boilers or any heating device in buildings and
the storage of inflammable and highly combustible materials within the city;
vii.
Regulate establishment of amusement facilities. Regulate the establishment,
operation, and maintenance of any entertainment or amusement facilities,
including theatrical performances, circuses, billiard pools, public dancing schools,
public dance halls, sauna baths, massage parlors, and other places for
entertainment or amusement; regulate such other events or activities for
amusement or entertainment, particularly those which tend to disturb the
community or annoy the inhabitants, or require the suspension or suppression of
the same; or, prohibit certain forms of amusement or entertainment in order to
protect the social and moral welfare of the community;
viii.
Provide for the impounding of stray animals; regulate the keeping of animals
in homes or as part of a business, and the slaughter, sale or disposition of the
same; and adopt measures to prevent and penalize cruelty to animals; and,
38
ix.
Regulate establishment of funeral parlors. Regulate the establishment,
operation and maintenance of funeral parlors and the burial or cremation of the
dead, subject to existing laws, rules and regulations.
(5) Approve ordinances which 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:
i.
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;
ii.
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;
iii.
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;
iv.
Regulate 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;
v.
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;
vi.
Regulate traffic. Regulate traffic on all streets and bridges; prohibit
encroachments or obstacles thereon and, when necessary in the interest of
39
public welfare, authorize the removal of encroachments and illegal constructions
in public places;
vii.
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;
viii.
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;
ix.
Regulate 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;
x.
Establish vocational and technical schools. Subject to the availability of funds
and to 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;
40
xi.
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;
xii.
Adopt quarantine regulations. Approve measures and adopt quarantine
regulations to prevent the introduction and spread of diseases;
xiii.
Establish a solid waste management program. Provide for 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;
xiv.
Provide care for the 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;
xv.
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, and appropriate funds for the subsistence of detainees
and convicted prisoners in the city;
xvi.
Establish 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
xvii.
Establish council for the elderly. Establish a City council for the elderly which
shall formulate policies and adopt measures mutually beneficial to the elderly and
to 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 such other powers and perform such other duties and functions as may
be prescribed by law or ordinance.
41
Tool 9
Checklist: Powers, Duties and Functions of a Sangguniang Bayan
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 of 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 an 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 which endanger the environment, such as dynamite fishing and other forms of
destructive fishing, illegal logging and smuggling of logs, smuggling of natural
42
resources products and of endangered species of flora and fauna, slash and burn
farming, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological imbalance;
vii. Define 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 emoluments 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 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 for legal assistance to
Barangay officials who, in the performance of their official duties or on the 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.
43
(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 thereto, 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, in order 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, for the purpose of raising 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 use of 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 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 in consonance with
the approved comprehensive land use plan, subject to existing laws, rules and
44
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 in
accordance with 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 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 pursuant to
this legislative authority shall:
45
i. Fix service fees. Fix and impose reasonable fees and charges for all services
rendered by the municipal government to private persons or entities;
ii. Regulate business. Regulate any business, occupation, or practice of profession or
calling which 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;
iii. Determine terms for 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;
iv. 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;
v. 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;
vi. 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;
vii. 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 in order to promote the general welfare and for said purpose shall:
i. Declare, prevent or abate any nuisance;
ii. Establish sanitation regulations. Require that buildings and the premises thereof
and any land within the municipality be kept and maintained in a sanitary condition;
46
impose penalties for any violation thereof, or upon failure to comply with said
requirement, have the work done and require the owner, administrator or tenant
concerned to pay the expenses of the same; or require the filling up of any land or
premises to a grade necessary for proper sanitation;
iii. Regulate disposal of hospital wastes. Regulate the disposal of clinical and other
wastes from hospitals, clinics and other similar establishments;
iv. Regulate establishment of restaurants and lodging houses. Regulate the
establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels,
motels, inns, pension houses, lodging houses, and other similar establishments,
including tourist guides and transports;
v. Regulate the sale of liquor. Regulate the sale, giving away or dispensing of any
intoxicating malt, vino, mixed or fermented liquors at any retail outlet;
vi. Regulate the establishment of heat devices. Regulate the establishment and
provide for the inspection of steam boilers or any heating device in buildings and the
storage of inflammable and highly combustible materials within the municipality;
vii. Regulate establishment and operation of amusement facilities. Regulate the
establishment, operation, and maintenance of entertainment or amusement facilities,
including theatrical performances, circuses, billiard pools, public dancing schools,
public dance halls, sauna baths, massage parlors, and other places of entertainment
or amusement; regulate such other events or activities for amusement or
entertainment, particularly those which tend to disturb the community or annoy the
inhabitants, or require the suspension or suppression of the same; or, prohibit certain
forms of amusement or entertainment in order to protect the social and moral welfare
of the community;
viii. Regulate the keeping, sale and disposition of animals. Provide for the impounding
of stray animals; regulate the keeping of animals in homes or as part of a business,
and the slaughter, sale or disposition of the same; and adopt measures to prevent and
penalize cruelty to animals; and
ix. Regulate establishment of funeral parlors. Regulate the establishment, operation,
and maintenance of funeral parlors and the burial or cremation of the dead, subject to
existing laws, rules and regulations.
47
(5) Approve ordinances which 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:
i. 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;
ii. 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;
iii. Authorize 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;
iv. 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;
v. Regulate 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;
vi. 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;
vii. 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
48
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;
viii. 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;
ix. 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;
x. Establish vocational and technical schools. Subject to the availability of funds and
to 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;
xi. Establish scholarship funds. Establish a scholarship fund for poor but deserving
students residing within the municipality in schools located within its jurisdiction;
xii. Adopt quarantine regulations. Approve measures and adopt quarantine regulations
to prevent the introduction and spread of diseases;
xiii. Establish a solid waste management program. Provide for 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;
xiv. 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
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age and, subject to availability of funds, establish and provide for the operation of
centers and facilities for said needy and disadvantaged persons;
xv. 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;
xvi. Establish 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
xvii. Establish council for the elderly. Establish a municipal council for the elderly which
shall formulate policies and adopt measures mutually beneficial to the elderly and to
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 such other powers and perform such other duties and functions as may
be prescribed by law or ordinance.
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Tool 10
Checklist: Powers, Duties and Functions of the Sangguniang Barangay
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 in accordance with 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 actually 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 for the welfare of the inhabitants
thereof;
(6)
Assist in 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 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
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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
foregoing public works and cooperative enterprises, such cooperation as is made
available by national, provincial, city, or municipal agencies established by law to
render financial, tech