FUNDAMENTALS OF LOCAL LEGISLATION

CHAPTER I
UNDERSTANDING LEGISLATION in GOVERNANCE
GOVERNANCE is a generally inclusive term referring to the
manner in which sovereign power is exercised in the management of a states
socio-economic resources
for sustainable development and well-being of the
sovereign.
Governance is an exercise of sovereign powers either directly by the
sovereign or through instrumentalities constituted and authorized by them for
the purpose through republicanism. Governance embraces all aspects and
phases of the sovereigns life.
Governance is the principle function of
Government, the instrumentality by which the will of the sovereign is
exercised.
GOVERNMENT and GOVERNANCE
The notion of GOVERNMENT is intertwined in the political concept of a
STATE. It is, in fact, one of the indispensable elements of that concept, through which
the will and aspirations of the sovereign, the PEOPLE, are pursued and achieved within
the rule of law. Government is a creation of sovereignity and as such owe its
uncompromising loyalty and accountability to that sovereignity. It is a structured pattern
of relationship where sovereign authority and power is lodged in specific offices,
agencies and instrumentalities to be exercised for the promotion of the general welfare of
the sovereign. From this precept is founded Section 1, Article XIII of the Constitution
providing that public office is a public trust. Public officers shall, at all times, be
accountable to the people. The element of SOVEREIGNITY , the supreme authority
within the TERRITORY of the State, belongs to the PEOPLE. Sovereignity resides in
the people and all governmental authority emanates from them. The manner by which
the sovereign exercises their power and authority in managing their socio-economic
resources for development constitutes Governance.
The well-established principal functions of Government in a body polity under
the standard of rule of law are three-fold, namely:
1) The function of making the law or legal framework;
2) The function of enforcing the law; and
3) The function of interpreting the law and applying said interpretation
in the resolution of a dispute brought before it.
Each set of public office within each function is designed as a sub-system of the
whole operating structure of a government in any body polity. Under our legal set-up,
we have a national government and local governments.

The current legal framework established in the present Constitution, as a means of

operationalizing the guarantee of genuine and meaningful local autonomy for local
government units, constitutes each local government unit (LGU) as a sub-body politic.
For this purpose, there is established in each LGU a local government through which
the will of the sovereign Filipino people in general and its constituency in particular, shall
be operationalized and achieved.
Indispensability of a Legislative Body in a local government unit
Section 14 of RA 7160 provides:
Section 14. Beginning of Corporate Existence of a Local Government
Unit. When a new localgovernment unit is created, its corporate existence
shall commence upon the election and qualification of its chief executive and
a majority of the members of its sanggunian, unless some other time is fixed
therefore by the law or ordinance creating it.
An LGU cannot begin its corporate existence in the absence of a functional
legislative body upon which the legislative power, duty and function of the LGU as a
body polity is entrusted.
Consequently, the minimum number of members, i.e.,
majority of the members of the legislative body is deemed sufficient for the purpose.
This also emphasizes the indispensability of legislation, the principal function of
the legislative body, in the corporate life and operations of an LGU.
LEGISLATION
LEGISLATION, misleadingly defined as the act of proposing or
making the law, is essentially one of the three (3) major functions of any government,
hence, an indispensable function in governance. Its indispensability is emphasized in
the operationalization of the rule of law principle enshrined in the 1987
Constitution prescribing a standard upon government in this wise: We, the
sovereign Filipino people, . . . establish a government that shall embody our ideals
and aspirations, promote the common good.under a rule of law The quality of
legislation defines the quality of governance because the essence of legislation is
intimately and indispensably intertwined with the dynamics of governance.
Moreover, legislation is an act by, of and for the sovereign through an
instrumentality called legislative body as
enunciated
in
the
ConstitutionSovereignity resides in the people and all governmental powers
emanate from them. ! Sovereignity is the supreme authority in a body polity being
the repository of all powers in the body polity. Legislation, therefore, is an exercise of
sovereignity! Such being the sensitivity of legislation, said function is exclusively
assigned to a select group constituted into a single department or instrumentality of
government called legislative body. Its collegial exercise and discharge of legislative
functions is strictly and zealously guarded with Constitutional standards of which noncompliance by the instrumentality will render the legislative act null and void.

From the above, therefore , LEGISLATION is essentially the

PRESCRIBED PROCESS whereby the SOVEREIGN, through its legislative
body, AUTHORIZES the EXERCISE of the GOVERNMENTAL and
CORPORATE POWERS as well as the USE and DISPOSITION of
RESOURCES of the STATE for the welfare of the sovereign.
CHAPTER II
LOCAL GOVERNMENT UNITS
UNDER THE 1987 CONSTITUTION
Local Government Units (LGU) have progressively evolved in role and
functions in the course of the political history of our body polity. The 1987 Constitution
devotes an Article (Article X) on Local Government Units which defined them as
territorial and political subdivision of the Republic of the Philippines. Each LGU
as a POLITICAL SUBDIVISION of the Republic, namely: Province, City,
Municipality and Barangay is engaged in local governance within its territorial
jurisdiction. Section 5 of Article X mandated Congress to enact a Local Government
Code that defines the attributes and allocates to each LGU their respective powers;
term and qualifications as well as duties and functions of its officials; etc.
In compliance to the Constitutional mandate, Congress enacted a Local
Government Code (Republic Act 7160) to codify, among others, all disparate attempts of
the national government to lay the legal framework by which the Constitutional policy of
genuine and meaningful local autonomy for local government units shall be pursued
under the rule of law.
Local communities within each local government unit, through the statutory grant
of more power and authority as well as resources, is intended to be empowered to pursue
its self-reliance and to become effective partners of the national government in the
attainment of national goals. (Section 2, RA 7160)
Constitutional evolution of local autonomy
X x x , it is well to note that the principle of local autonomy, while concededly
expounded in greater detail in the present Constitution, dates back to the turn of the
century when President William Mckinley, in his Instructions to the Second Philippine
commission dated April 7, 1900, ordered the new Government to devote their attention
in the first instance to the establishments of municipal governments in which the natives
of the islands, both in the cities and in the rural communities, shall be afforded the
opportunity to manage their own affairs to the fullest extent of which they are capable,
and subject to the least degree of supervision and control in which a careful study of their
capacities and observation of the workings of native control show to be consistent with
the maintenance of law, order and loyalty. While the 1935 Constitution had no
specific article on local autonomy, nonetheless, it limited the executive power over local
government units to general supervision as may be provided by law. Subsequently,
the 1973 Constitution explicitly stated that (t)he State shall guarantee and promote the

autonomy of local government units, especially the barangay, to ensure their fullest
development as self-reliant communities An entire article on Local Government was
incorporated therein. The present Constitution, as earlier opined, has broadened the
principle of local autonomy. The 14 sections in Article X thereof markedly increased the
powers of the local governments in order to accomplish the goal of a more meaningful
local autonomy. Indeed, the value of local governments as institutions of democracy are
measured by the degree of autonomy that they enjoy. Our national officials should not
only comply with the constitutional provisions on local autonomy but should also
appreciate the spirit and liberty upon which these provisions are based. (Province of
Batangas vs Romulo, G.R. 152774, May 27, 2004, EN BANC. As cited by Alberto C.
Agra in Case Law on Local Autonomy and Local Governance, p. 2)
LOCAL GOVERNMENT UNITS and LOCAL AUTONOMY
Nature and Attributes of Local Government Units
Local Government Units (LGUs) are creatures of law . As such, their juridical
nature and attributes as vested by law cannot be expanded or restricted. The evolution of
jurisprudence on this aspect can be very instructive:
Municipal corporations have only such powers as are expressly
delegated to them and such other powers as are necessarily implied
from such express powers. ( United States vs Yen Yu, G.R. 7482,
December 28, 1912, EN BANC);
Municipal corporations are mere creatures of Congress. They possess,
and may exercise, only such powers as Congress may deem fit to grant
thereto. The Charters of municipal corporations (like cities and GOCCs)
should not be construed in the same manner as Constitutions. ( Unson
vs. Lacson, G.R. L-7909, January 18, 1957, EN BANC);
In its strict and proper sense, a municipal corporation is a body politic
established by law partly as an agency of the state to assist in the civil
government of the country, chiefly to regulate and administer the local
internal affairs of the city, town or district which is incorporated.
( Social Security System Employees Association vs. Soriano,
G.R. L-18081, April 30, 1963, EN BANC);
Municipal corporations perform twin functions. Firstly, they serve
as an instrumentality of the State in carrying out the functions of
government. Secondly, they act as an agency of the community in the
administration of local affairs. It is in the latter that they are separate
entities acting for their own purposes and not as subdivisions of the
State.( Lidasen vs COMELEC, G.R. L-28089, Oct. 25, 1967,
EN BANC; City of Manila vs IAC, G.R. L-22766, Aug. 3, 1968,

EN BANC)
Municipal corporations are creatures of Congress and as such may
exercise only such powers as Congress may deem fit to grant.
(Favis vs. City of Baguio, G.R. L-29910, April 25, 1969, EN BANC);
Municipal corporations in the Philippines are mere creatures of Congress;
That, as such, said corporations possess, and may exercise, only such power
as Congress may deem fit to grant thereto; that Charters of municipal
corporations should not be construed in the same manner as Constitution.
( Enriquez vs. Secretary of Finance, G.R. L-24402, April 30, 1969,
EN BANC);
In a unitary system of government, such as the government under the
Philippine Constitution, local governments can only be an infra-sovereign
subdivision (i.e., territorial and political subdivision, Sec. 1, Art. X) of
one sovereign nation, it cannot be an imperium in imperio. ( empire
within an empire). ( Basco vs. Philippine Amusement and Gaming
Corporation, G.R.91649, May 14, 1991, EN BANC);
Ours is still a unitary form of government, not a federal state. Being so,
any form of autonomy granted to local governments will necessarily be
limited and confined within the extent allowed by the central authority.
Besides, the principles of local autonomy under the 1987 Constitution
simply means decentralization. It does not make local governments
sovereign within the state or an imperium in imperio ( empire within an
empire).
Municipal governments are only agents of the national government.
Local councils exercise only delegated legislative powers conferred upon
them by Congress as the national lawmaking body. The delegate cannot
be superior to the principle or exercise powers higher than those of the
latter. It is a heresy to suggest that the local government units can undo
the acts of Congress, from which they have derived their power in the
first place, and negate by mere ordinance the mandate of the statute.
(Lina, Jr. vs. Pano, G.R. 129093, August 30, 2001, Second Division;
Magtajas vs. Pryce Properties and Philippine Amusement and Gaming
Corporation, G.R. 111097, July 20, 1994, EN BANC; Basco vs.
Philippine Amusement and Gaming Corpopration, G.R. 91649, May 14, 1991,
EN BANC.)
It is a settled principle of law that municipal corporations are agencies of
the State for the promotion and maintenance of local self-governance and
as such are endowed with police powers in order to effectively accomplish
and carry out the declared objects of their creation. Its authority emanates

from the general welfare clause under the Administrative Code. (Tatel vs.
Municipality of Virac, G.R. 40243, March 11, 1992, Second Division);
A local government unit is created by law and all its powers and rights are
sourced therefrom. It has therefore no power to amend or act beyond the
authority given and the limitations imposed on it by law. (Municipality of
Paranaque vs. V.M. Realty Corporation, G.R. 127820, July 20, 1998, First
Division);
A local government unit is a political subdivision of the State which is
constituted by law and possessed of substantial control over its own affairs.
Remaining to be an intra-sovereign subdivision of one sovereign nation, but
not intended, however, to be an imperium in imperio ( empire within an
empire), the local government unit is autonomous in the sense that it is given
more powers, authority, responsibilities and resources. Power which used to
be highly centralized in Manila, is thereby deconcentrated, enabling especially
the peripheral local government units to develop not only at their own pace
and discretion but also with their own resources and assets. ( Alvarez vs.
Guingona, G.R. 118303, January 31, 1996, EN BANC);
Local governments must be reminded that they merely form part of the
whole. Thus, when the drafters of the 1987 Constitution enunciated the policy
of ensuring the autonomy of local governments, it was never their intention to
create an imperium in imperio (empire within an empire) and install an intrasovereign political subdivision independent of a single sovereign state.
(Batangas City vs. Court of Appeals, G.R. 138810, September 29, 2004, EN
BANC.);
Dual nature of local government units
Section 15 of the The Local Government Code of 1991 enacted by Congress
in compliance to the Constitutional mandate defines an LGU as a juridical person
possessed of two (2) personalities, namely: POLITICAL or GOVERNMENTAL and
PRIVATE or CORPORATE. Section 2 of the LGC of 1991 envisions each LGU as a
self-reliant community and effective partner in the attainment of national goals.
Municipal corporations perform twin functions. Firstly, they serve as an
instrumentality of the State in carrying out the functions of government.
Secondly, they act as an agency of the community in the administration of local
affairs. It is in the latter that that they are separate entities acting for their own
purposes and not as subdivisions of the State. (Lidasan vs. Commission On
Elections, G.R. L-28089, October 25, 1967, EN BANC);
The City of Manilas powers are twofold in character-public, governmental or
political on the one hand, and corporate, private and proprietary on the other.
Governmental powers are those exercised in administering the powers of the state

and promoting the public welfare and they include the legislative, judicial, public
and political. Municipal powers, on the other hand, are exercised for the special
benefit and advantage of the community and include those which are ministerial,
private and corporate. ( City of Manila vs. Intermediate Appellate Court,
G.R. L-22766, August 30, 1968, EN BANC);
Local Autonomy, Nature, Purpose and Process
In pursuit of the Constitutional guarantee of genuine and meaningful local
autonomy for local government units, the Constitution mandated Congress (Section 3,
Art. X) to enact a Local Government Code which shall provide for a more responsive
and accountable local government structure instituted through a process of
decentralization..
A perusal of jurisprudence shall be instructive:
Local autonomy means a more responsive and accountable local government
structure instituted through a system of decentralization. Autonomy does not,
after all, contemplate making mini-states out of local government units, as
in the federal government of the United States of America ( or Brazil or
Germany ), although Jefferson is said to have compared
municipal
corporations euphemistically to small republics.
Autonomy, in the
constitutional sense, is subject to9 the guiding star, though not control, of the
legislature, albeit the legislative responsibility under the Constitution and as
the supervision clause itself suggest, is to wean local government units
from over-dependence on the central government. Autonomy, however, is not
meant to end the relation of partnership and interdependence between the
central administration and local government units, or otherwise, to usher in
a regime of federalism. The Charter has not taken such a radical step. Local
governments, under the Constitution, are subject to regulation, however
limited, and for no other purpose than precisely, albeit paradoxically, to
enhance self-government. ( Ganzon vs. Court of Appeals, G.R. 93252,
August 5, 1991, EN BANC);
X x x . Thus, when the drafters of the 1987 Constitution enunciated the policy
of ensuring the autonomy of local governments, it was never their intention to
create an imperium in imperio (Empire within an empire) and install an intrasovereign political subdivision independent of a single-sovereign state.
( Batangas CATV vs. Court of Appeals, G.R. 138810, September 29, 2004,
EN BANC);
In a unitary system of government, such as the government under the
Philippine Constitution, local governments can only be an intra-sovereign
subdivision of one sovereign nation, it cannot be imperium in imperio (empire
within an empire). Local government in such a system can only mean measure
of decentralization of the functions of government. As to what state powers

should be decentralized and what may be delegated to local government units

remains a matter of policy, which concerns wisdom. It is therefore a political
question. (Basco vs. Philippine Amusements and Gaming Corporation,
G.R. 91649, May 14, 1991, EN BANC);
The commitment of the Constitution to the policy of local autonomy is to provide
the needed impetus and encouragement to the development of our local political
subdivisions as self-reliant communities. In the words Jefferson, Municipal
corporations are the small republics from which the great one derives its
strength. The vitalization of local governments will enable their inhabitants to
finally exploit their resources and, more important, imbue them with a deepened
sense of involvement in public affairs as members of the body politic. This
objective could be blunted by undue interference by the national government in
purely local affairs which are better resolved by the officials and inhabitants of
such political units. (Philippine Gamefowl Commission vs. Intermediate
Appellate Court, G.R. 72969-70, December 17, 1986, First Division);
Autonomy, in the constitutional sense, is subject to the guiding star, though
not control , of the legislature, albeit the legislative responsibility under the
Constitution and as the supervision clause itself suggests- is to wean local
government units from over-dependence on the central government. (Ganzon
vs. Court of Appeals, G.R. 93252, August 5, 1991, EN BANC);
The freedom and autonomy vested on local governments does not mean that
local governments may enact ordinances that go against the laws duly enacted
by Congress. This principle is based on our system of government wherein the
power of local government units to legislate and enact ordinances and resolutions
is merely delegated power coming from Congress. A local government cannot
invoke local autonomy to go against such principles for the constitution merely
mandates decentralization and did not make local governments sovereign within
the state or an imperium in imperio ( empire within an empire ). (Lina, Jr. vs.
Pano, G. R. 129093, Augusat 30, 2001, Second Division);

PRIMING ROLE OF LEGISLATION IN GOVERNANCE

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

Each LGU, a local community, is a juridical person in legal contemplation.

Being a mere juridical person, it shall possess only such attributes and powers as the law
conferring such status expressly grants or delegates.
The
LGC
delegates
to
POLITICAL/GOVERNMENTAL POWERS:

each

LGU

the

following

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

Section 16. General Welfare Power. Every local government unit shall
exercise the powers EXPRESSLY GRANTED, those necessarily implied therefrom, as
well as powers necessary, appropriate, or incidental for its efficient and effective
governance, AND those which are essential to the promotion of the general welfare.
Within their territorial jurisdictions, LGUs shall ensure and support, among
other things, the preservation and enrichment of culture, promote health and safety,
enhance the right of the people to a balanced ecology, encourage and support the
development of appropriate and self-reliant scientific and technological capabilities,
improve public morals, enhance economic prosperity and social justice, promote full
employment among their residents, maintain peace and order, and preserve the
comfort and convenience of their inhabitants
Power to Generate and Apply Resources
Section 18. Power to Generate and Apply Resources. Local
government units shall have the power and authority to establish an organization that
shall be responsible for the efficient and effective implementation of their development
plans, program objectives and priorities; to create their own sources of revenue and to
levy taxes, fees, and charges which shall accrue exclusively for their use and disposition
and which shall be retained by them; to have a just share in national taxes which shall
be automatically released to them without need of any further action; to have an
equitable share in the proceeds from the utilization and development of the national
wealth and resources within their respective territorial jurisdictions including sharing
the same with the inhabitants by way of direct benefits; to acquire, develop, lease,
encumber, alienate, or otherwise dispose of real or personal property held by them in
their proprietary capacity and to apply their resources and assets for productive,
developmental, or welfare purposes, in the exercise or furtherance of their governmental
or proprietary powers and functions and thereby ensure their development into selfreliant communities and active participants in the attainment of national goals.
Power of Eminent Domain
Section 19. Eminent Domain. A local government unit may, through its
chief executive and acting pursuant to an ordinance, exercise the power of eminent
domain for public use, or purpose, or welfare for the benefit of the poor and the

landless, upon payment of just compensation, pursuant to the provisions of the

Constitution and pertinent laws: Provided, however, That the power of eminent domain
may not be exercised unless a valid and definite offer has been previously made to the
owner, and such offer was not accepted: Provided, further, That the LGU may
immediately take possession of the property upon filing of the expropriation proceedings
and upon making a deposit with the proper court of at least fifteen percent (15%) of the
fair market value of the property based on the current tax declaration of the property to
be expropriated: Provided, finally, That the amount to be paid for the expropriated
property shall be determined by the proper court, based on the fair market value at the
time of the taking of the property.
Power to Reclassify Land
Section 20. Reclassification of Lands. (a) A city or municipality may,
through an ordinance passed by the sanggunian after conducting public hearing for the
purpose, authorize the reclassification of agricultural lands and provide for the manner
of their utilization or disposition in the following cases:
1) When the land ceases to be economically feasible and sound for
agricultural
purposes as determined by the Department of
Agriculture or
2) Where the land shall have substantially greater economic value for
residential, commercial, or industrial purposes, as determined by the
sanggunian concerned. Pro vided, That such reclassification shall
be limited to the following percentage of the total agricultural land
area at the time of the passage of the ordinance:
a) For highly urbanized and independent component
cities, Fifteen percent (15%);
b) For component cities and first to third class
municipalities, Ten percent (10%);
c) For 4th to 5th class municipalities, five percent (5%).
Provided, further, That agricultural lands distributed to
agrarian reform beneficiaries pursuant to RA 6657,
otherwise known as The Comprehensive Agrarian Reform
Law, shall not be affected by the said reclassification and
the conversion of such land into other purposes shall be
governed by Section 65 of said Act.
b) The President may, when public interest so requires and upon
recommendation of the National Economic Development
Authority, authorize a city or municipality to reclassify lands
in excess of the limits set in the next preceding paragraph;

c) The LGU shall, in conformity with laws, continue to

prepare their respective comprehensive land use plans
enacted through zoning ordinances which shall be the
primary and dominant bases for the future use of land
resources: Provided, That the requirements for food
production, human settlements, and industrial expansion shall
be taken into consideration in the preparation of such plan;
d) Where approval by a national agency is required for
reclassification, such approval shall not be unreasonably
withheld. Failure to act on a proper and complete application
for reclassification within three (3) months from receipt of the
same shall be deemed approved thereof;
Power to Close or Open Roads
Section 21. Closure and Opening of Roads.
(a) A local government unit may, pursuant to an ordinance,
permanently or temporarily close or open any LOCAL road,
alley, park, or square falling within its jurisdiction : Provided,
however, That in case of permanent closure, such ordinance
must be approved by at least two-third (2/3) of all the members
of the sanggunian, and when necessary, an adequate substitute
for the public facility that is subject to closure is provided;
(b) No such way or place or any part thereof shall be permanently
closed without making provisions for the maintenance of public
safety therein. A property thus permanently withdrawn from
public use may be used or conveyed for any purpose for which
other real property belonging to the local government unit
concerned may be lawfully used or conveyed: Provided,
however, That no freedom park shall be closed permanently
without provision for its transfer or relocation to a new site.
(c) Any national or local road, alley, park, or square may be
temporarily closed during an actual emergency, or fiesta
celebrations, public rallies, agricultural or industrial fairs, or an
undertaking of public works and highways,
telecommunications, and waterworks projects, the duration of
which shall be specified by the local chief executive concerned in
a written order: Provided, however, That no national road, alley,
park, or square shall be temporarily closed for athletic, cultural,
or civic activities not officially sponsored, recognized, or approved
by the LGU concerned.

(d) Any city, municipality, or barangay may, by a duly enacted

ordinance, temporarily close and regulate the use of any LOCAL
road, thoroughfare, or any other public place where shopping
malls, Sunday flea or night markets, or shopping areas may
be established and where goods, merchandise, foodstuffs,
commodities, or articles of commerce may be sold and dispensed
to the general public.
Likewise, the LGC delegates in Section 22 Corporate Powers, such as:
-

power to sue and be sued

power to have continuous succession in its corporate name
power to have and use corporate seal

LGUs may continue using, modify, or change their existing

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

power to acquire and convey real or personal properties

power to enter into contract

Unless otherwise provided in this Code, no contract may be

entered into by the LCE in behalf of the LGU without prior
authorization by the sanggunian concerned. A legible copy of
such contract shall be posted at a conspicuous place in the
provincial capitol or the city, municipal or barangay hall.
-

such other powers granted to corporations

LGUs shall enjoy full autonomy in the exercise of their

proprietary functions and in the management of their economic
enterprises, subject to the limitations provided in this Code and
other applicable laws.
Section 23 also delegates the power to negotiate and secure grants, as
follows:
Local chief executives may, upon authority of the sanggunian,
negotiate and secure financial grants or donations in kind, in support
of the basic services or facilities enumerated in Section 17 hereof,
from local and foreign assistance agencies without necessity of
securing clearance or approval therefore from any department,

agency, or office of the National Government or from any higher LGU:

Provided, That projects financed by such grants or assistance
with national security implications shall be approved by the
national agency concerned: Provided, further, That when such
national agency fails to act on the request for approval within thirty
(30) days from receipt thereof, the same shall be deemed approved.
The LCE shall, within thirty (30) days upon signing of
such grant Agreement or deed of donation, report the
nature, amount, and terms of such assistance to both Houses
of Congress and the President.
INSTRUMENTALITIES OF LOCAL GOVERNMENT UNITS
Each LGU, as a juridical entity, has basic instrumentalities through which the
will of the sovereign is operationalized , namely:
The Local Chief Executive (Section 387; 444; 455; and 465 of RA 7160) to
whom is assigned the major governmental functions of the local government unit for
Execution/Enforcement of law and programs are assigned; and
The Sanggunian, ( Section 391; 447; 458; and 468 of RA 7160 ) as the
legislative body of the LGU to whom the law-making or legislative functions, of
the LGU are delegated are delegated.
COMPOSITION OF LOCAL LEGISLATIVE BODIES
Sangguniang Panlalawigan (Section 468, LGC)
The sangguniang panlalawigan, the legislative body of the province,
shall be composed of
a) the provincial vice governor AS PRESIDING OFFICER,
b) the regular sanggunian members, the president of the
provincial chapter of the liga ng mga barangay, the president
of the panlalawigang pederasyon ng mga sangguniang
kabataan, the president of the provincial federation of
sanggunian members of municipalities and cvomponent cities,
and sectoral representatives, AS MEMBERS.
Sangguniang Panlunsod (Section 457, LGC)
The sangguniang panlunsod, the legislative body of the city, shall be
composed of

a) the city vice mayor AS PRESIDING OFFICER,

b) the regular sanggunian members, the president of the city
chapter of the liga ng mga barangay, the president of the
panlunsod na pederasyon ng mga sangguniang kabataan,
and sectoral representatives, AS MEMBERS.
Sangguniang Bayan (Section 446, LGC)
The sangguniang bayan, the legislative body of the municipality,
shall be composed of
a) the municipal vice mayor AS PRESIDING OFFICER,
b) the regular sanggunian members, the president of the
municipal chapter of the liga ng mga barangay, the president
of the pambayang pederasyon ing mga sangguniang kabataan,
and the sectoral representatives, AS MEMBERS.
Sangguniang Barangay (Section 390, LGC)
The sangguniang barangay, the legislative body of the barangay shall be
composed of
a) the punong barangay AS PRESIDING OFFICER,
b) the seven (7) regular sanggunian members elected at large
and the sangguniang kabataan chairman, AS MEMBERS.
(COMMENTS on the provisions on the COMPOSITION of the various
sanggunians}
It is a well-settled rule in statutory construction that when a provision
of law incorporates a technical word/phrase, that provision shall be
interpreted in its intended technical sense.
The words LEGISLATIVE BODY, PRESIDING OFFICER and
MEMBERS in the composition of the Sanggunian are parliamentary
terms which must be interpreted in their parliamentary sense.

THE LOCAL SANGGUNIAN AS A

LEGISLATIVE BODY

A Legislative Body refers to a constitutionally established PUBLIC

LAW-MAKING BODY of REPRESENTATIVES chosen by the ELECTORATE
for a FIXED TERM OF OFFICE. ( Sarah Corbin Robert, Roberts Rules of
Order Newly Revised, The Scott, Foresman and Co., Glenview, Illinois, 1990
Ed., p. 7)
The SANGGUNIAN as a Legislative Body of the LGU, therefore, is a
deliberative body, an instrumentality for collegial decision making of the LGU.
As such, it is a kind of gathering that convenes regularly during its fixed term
to which proceedings parliamentary law is generally (conceded) understood to
apply due to the following features of a deliberative assembly: *
1. INDEPENDENT or AUTONOMOUS- It is designed to meet
regularly for a fixed term to determine, in full and free discussion,
courses of action to be taken in the name of the entire group
assembly;
2. HIGH DEGREE OF FORMALITY required in its proceedings;
3. EVERY MEMBER IS INTENDED TO BE FREE to ACT within
the assembly ACCORDING TO HIS OWN JUDGEMENT;
HENCE,
a ) OPINION OF EACH MEMBER PRESENT has
EQUAL WEIGHT AS EXPRESSED BY VOTE;
(Right to speak in Debate and Vote)
b) FAILURE TO CONCUR IN THE DECISION OF
THE BODY DOESNT constitute WITHDRAWAL
from the body. ( Because his mandate to act
according to his own independent judgment is
conferred, not by the legislaltive body, but by the
authority creating the assembly)
c) WHEN MEMBERS ARE ABSENT IN A PROPERLY
CALLED MEETING, THE REMAINING MEMBERS
CAN ACT FOR THE ENTIRE MEMBERSHIP, subject
only to such limitations as may be established by the
authority creating it or by the bodys governing rules.
(* Sarah Corbin Robert, Roberts Rules of Order Newly Revised,
1990 Ed., Scott, Foresman and Company, Glenview, Illinois, USA,
p. 1 )
NOTE: Under General Parliamentary Law, a deliberative body, by its
nature and purpose, is acknowledged and conceded to have rules

of order to govern its proceedings. Hence, a deliberative body

that has not adopted any rules of order is commonly understood
to hold itself bound by the rules and customs of general
parliamentary law.
POWERS DUTIES AND FUNCTIONS OF THE DELIBERATING MEMBER
MEMBERS of a Deliberative Body, in the parliamentary sense,
are VOTING MEMBERS. That is, each has the RIGHT to FULL
PARTICIPATION in the BODYS PROCEEDINGS, namely:
a) Right to MAKE A MOTION
b) Right to SPEAK IN DEBATE
c) Right to VOTE
d) Right to Chair a Regular Standing Committee
SUBJECT only to the RULES ADOPTED by the deliberative
body (P.2-3) that conforms with law. It can be inferred that the
power to enact local laws are vested in the MEMBERS acting
as a collegial body.
BASIC PRINCIPLE OF DECISION in a DELIBERATIVE
BODY is that, to become the ACT or DECISION of the BODY,
a proposition must be ADOPTED by a MAJORITY VOTE, that
is, a DIRECT VOTE or APPROVAL signifying assumption of
responsibility for the ACT or DECISION, must be registered by
more than half of the members present and voting on a particular
matter, in a regular or properly called meeting at which the
necessary minimum number of members, known as QUORUM,
is present.(p. 4)
QUORUM OF MEMBERS is the minimum number of
VOTING MEMBERS who must be present at the meeting
of a deliberative assembly for business to be legally
transacted. ( Sarah Corbin Robert, supra, p. 19)
Section 53 of RA 7160 as implemented by Art. 106 of the IRR
defined QUORUM as A majority of all the members of the sanggunian
who have been elected and qualified (AS SUCH) shall constitute a
quorum to transact official business. (Zamora vs Caballero, G.R.
No. 147767, January 14, 2004; Javellana vs Tayo, G.R. L-18919, EN
BANC)
NOTE: In several queries on whether or not theVice LCE , the Regular Presiding
Officer of the Sanggunian, is included in the computation of the quorum

the Legal Service of the DILG opined in the AFFIRMATIVE, citing

jurisprudence involving the House of Senate ( Osmena vs Pendatum;
Santiago vs Guingona, et al, G.R. 134577, 18 Nov., 1998 , etc.},
and House of Representatives of Congress (Gamboa vs Aguirre, 310
SCRA 867) ; OR whether or not the RPO can relinquish the Chair and
participate in the debate on the floor, the Legal Service of the DILG had
consistently opined in the AFFIRMATIVE. The fundamental premise
of all said opinion is the holding that the VICE LCE is also a MEMBER
of the sanggunian! That the Presiding Officer in either House of the
Congress involved in the case is considered a Member thereof because
the Senate President as Presiding Officer of Senate, and the Speaker of
the House as Presiding Officer, is a senator or congressman, a member
of respective House of the Congress!). Hence, the Vice LCE, being the
PO of the local sanggunian, according to the holding, is also a member.
Interestingly, however, in Purto J. Navarro and Danny B. Tamayo
vs Court of Appeals, et al, 355 SCRA 672, ( G.R.No.141309, March
28, 2001, ), the Honorable Supreme Court in resolving the issue why
the Vice Mayor, ( IF ALSO A MEMBER) who succeeded as Mayor
due to the death of the Mayor-elect, an elevation from being a vice
mayor to full- fledged Mayor, is not the sanggunian member
x x x whose elevation to the position next higher in rank created the
last vacancy referred to in Section 46 (b) of RA 7160 as implemented
by Article 83 (2)(i) of the IRR of RA 7160. In resolving the issue,
the Court invoked the doctrine that under our political party system, the
party affiliation of the elected regular members of the sanggunian
(exclusive of the vice LCE ) is considered the political party allocation
during their term of office as willed by the electorate. That the political
party allocation of sanggunian members shall be maintained in case
of permanent vacancies created by a sanggunian member. In this case,
the Supreme Court did not consider the vice mayor who assumed as
Mayor as a sanggunian member who caused the last permanent
vacancy because the Court ruled that it is the party of the most
senior sanggunian member who assumed as Vice Mayor which has the
right to nominate a replacement to maintain the electoral equilibrium
of political party allocation among sanggunian members.

RULES OF ORDER (INTERNAL RULES OF PROCEDURE)

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

the assembly and to provide a FIRM BASIS for resolving questions

of procedure. (p. 15)
MINIMUM OFFICERS OF A DELIBERATIVE BODY
In the light of the EQUAL rights of every MEMBER in a deliberative
body, the expected clash of opinions amongst them during debates and the
necessity for systematic and orderly proceedings or decision-making that
need to be expeditiously made under the basic tenets and principles of a
democratic framework and tradition an officer, commonly called Presiding
Officer, who is expectedly assumed to be impartial and clothed or accorded
with the power, authority or ascendancy to control the proceedings ( NOT
THE DECISION) of the assembly based on a pre-defined rules of order,
is obviously indispensable. The PO may be assigned as such by the authority
creating the deliberative body. Otherwise, he is elected from among and by
the members of the deliberative body by authority from the law. Moreover,
so as not to burden any deliberating member from his right to full and
unhampered participation in the proceedings, a SECRETARY appointed
outside of the members is indispensable, who shall take and keep the records
of the deliberative body.
DUTIES AND FUNCTIONS OF THE PRESIDING OFFICER
By parliamentary law and practice, the Presiding Officer is generally accorded
or acknowledged to possess the following duties and functions: ( Reverendo M.
Dihan, Handbook On Local Legislation, 1998 Revised Edition, Mary Jo
Educational Supply, Sampaloc, Manila, p. 38 and Sarah Corbin Robert, Roberts
Rules of Order Newly Revised, 1990 Ed., Glenview, Illinois, USA, pp. 440-442)
1) Call the meeting (or session) to order upon determination of quorum;
2) Recognize properly the member seeking to obtain the floor;
3) Make rulings particularly on points of order, parliamentary inquiry,
requests, and other routine procedural matters;
4) Maintain order and decorum in the proceedings
DECORUM refers to the propriety of conduct including decency
of words or speech of members during proceedings of a deliberative
assembly or body.
5) Puts before the assembly the Question on the motion;

6) Puts a pending question to a vote and declares the result of the voting;
7) Informs the body of each item of business;
8) Adjourns the meeting/session properly;
9) Declare a recess whenever he finds the necessity OR
upon motion duly approved;
10) Perform such other duties and functions required of him
by the rules of the deliberative body;
11) Certify to the genuineness and due passage of any act
passed by the deliberative body over which proceedings
he presided. (Section 49 (b), RA 7160)

CHAPTER ___
LOCAL LEGISLATIVE PROCESS
Legislation is the principal COLLEGIAL duty and function of the local legislative
body called sanggunian. There are requisites that must concur before it can discharge its
collegial function, namely:
1) The collegial body is duly constituted and vested with legislative functions by law
- The PO and MEMBERS of the Sanggunian convening are
the same persons elected and qualified to sit as such;
The LGC assigns the Vice Governor; Vice City/Mun. Mayor/PB as
REGULAR PRESIDING OFFICER of the Legislative Body of the
LGU. In the event of inability of the RPO to preside, Section 49 of
RA 7160 requires the members present to elect among themselves
the TEMPORARY PRESIDING OFFICER. Thus, replacement
of the RPO is not by succession but by election because members
of the legislative body stand CO-EQUAL to each other! The said
election is done only during the meeting when the RPO is unable to
preside.
- The assembly is the same body vested with legislative functions.
- The collegial body cannot add any other member except those
constituted by law
2) The meeting is convened by law or ordinance;
No legislative Act of the legislative body can be validly enacted unless in a
lawful meeting convened for the purpose.

The meeting should either be a REGULAR or SPECIAL MEETING.

The Regular Meeting is one specifically fixed by the members as to date,
time, place and at least once a week (Prov. City and Mun.) or twice a
month (for the barangay) embodied in their Internal Rules of Procedure.
The Special Meeting is one authorized in the IRP by the sanggunian
when an immediate action by the sanggunian is necessary and can not wait
for the next regular meeting. Such meeting may be validly called by the
LCE or by a majority of the members through a WRITTEN NOTICE of
Special Meeting specifying the matter needing sanggunian action delivered
personally to each member in his/her usual place of residence at least 24
hours before the scheduled meeting. Unless approved by a majority of the
members present, no other matter shall be acted upon by the sanggunian
in that special meeting. (Section 52, RA 7160)
3) The number of DELIBERATING MEMBERS present constitutes QUORUM;

QUORUM OF MEMBERS is the minimum number of

VOTING MEMBERS who must be present at the meeting
of a deliberative assembly for business to be legally
transacted. (Robert, supra, p. 19)
The Vice LCE of the Province, City and Municipality and the Punong
Barangay are not included in the computation of the QUORUM being specifically
elected as such and not as members (Provincial Board Member/City/Municipal
Councilor or Barangay Kagawad , and being specifically designated by pertinent
provision of RA 7160 as REGULAR PRESIDING OFFICER of the legislative
body with the privilege of voting ONLY TO BREAK A TIE! ( Perez vs De La
Cruz, G.R. L-29458, 27 SCRA 587; Rivera vs Villegas, L-17835, 5 SCRA
359; Felwa vs Salas, 18 SCRA 606)
4) The legislative process employed by the deliberative body in the passage of an
Act conforms with the process prescribed by law. (Article 107 of the IRR)
While Section ___ of RA 7160 allows each local legislative body to adopt their
Internal Rules of Procedure to include, among others, the legislative process that
the sanggunian will follow in their proceedings, the process adopted should conform
with the legislative process prescribed in Article 107 of the IRR. In fact, all
provisions of the IRP, to be valid, shall conform with prescriptions of RA 7160
and its IRR.

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

CHAPTER ___
REQUISITES OF LOCAL LEGISLATION
PROCEDURAL:
Mandatory Public Hearing (Section 187, LGC) prior to passage for tax
ordinances and those with penal provisions)
{Drilon vs Lim G.R. 112497, Aug. 4, 1994, EN BANC;
Reyes vs Court of Appeals, G.R. 118233, Dec. 10, 1999, EN
BANC; Figuerres vs Court of Appeals, G.R. 119172, March
25, 1999)
Passage by the sanggunian concerned in strict compliance to the
prescribed legislative process outlined in chapter __.
In the light of the sensitivity of legislation to the public interest,
standards are prescribed in Article 107 of the Rules and Regulations
Implementing of LGC of 1991 setting, among others, a three ( 3 )
reading model as a PASSAGE PROCESS to ensure a thorough
formulation of the local law. (See Order of Business)
Executive Approval of Ordinances and Resolutions approving the
local development plan, public investment plan and payment
of money or creating liability for the LGU.(Section 54-55, LGC)
Sec. 54. Approval of Ordinances.
(a) Every ordinance enacted by the sangguniang panlalawigan,
sangguniang panlunsod, or sangguniang bayan shall be
presented to the provincial governor or city or municipal mayor,
as the case may be.
If the local chief executive concerned approves the same,
he
shall affix his signature on each and every page thereof;
Otherwise, he shall veto it and return the same with his objections
to the sanggunian, which may proceed to reconsider the same.
The sanggunian concerned may override the veto of the
local
chief executive by two-thirds (2/3) vote of all its members,
thereby
making the ordinance or resolution effective for all legal intents
and purposes.

(b) The veto shall be communicated by the local chief executive

concerned to the sanggunian within fifteen (15) days in the case of
a
province, and ten (10) days in the case of a city or a
municipality;
Otherwise, the ordinance shall deemed approved as if he had
signed it.
Ordinances enacted by the sangguniang barangay shall, upon
approval by the majority of all its members, be signed by the
punong barangay.
Legislative Review by next higher legislative body of Ordinances
enacted and Resolutions ( specified in Sec. 54 & 55 of LGC)
adopted by component LGUs:
Section 56. Review of Component City and Municipal
Ordinances or Resolutions by the Sangguniang Panlalawigan.(a) Within three (3) days after approval (by LCE), the secretary to
the sanggunian panlunsod or sangguniang bayan shall forward to
the sangguniang panlalawigan for review, copies of approved
ordinances and the resolutions approving the local development
plans and public investment programs formulated by the local
development councils.
(b) Within thirty (30) days after receipt of copies of such
ordinances and resolutions, the sangguniang panlalawigan shall
examine the documents or transmit them to the provincial attorney,
or if there be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial prosecutor
shall, within a period of ten (10) days from receipt of the
documents, inform the sangguniang panlalawigan in writing of his
comments or recommendations, which may be considered by the
sangguniang panlalawigan in making its decision.
If the sangguniang panlalawigan finds that such an ordinance
or resolution is beyond the power conferred upon the sangguniang
panlunsod or sangguniang bayan concerned, it shall declare such
ordinance or resolution invalid in whole or in part. The
sangguniang panlalawigan shall enter its action in the minutes and
shall advise the corresponding city or municipal authorities of the
action it has taken.
(d) If no action has been taken by the sangguniang panlalawigan

within thirty (30) days after submission of such an ordinance or

resolution, the same shall be presumed consistent with law and
therefore valid.
Section 57. Review of Barangay Ordinances by the Sangguniang
Panlunsod or Sangguniang Bayan.
(a) Within ten (10) days after its enactment, the sangguniang
barangay shall furnish copies of all barangay ordinances to
the sangguniang panlunsod or sangguniang bayan concerned
for review as to whether the ordinance is consistent with law
and city or municipal ordinances.
(b) If the sangguniang panlunsod or sangguniang bayan, as the
case may be, fails to take action on barangay ordinances within
thirty (30 days from receipt thereof, the same shall be deemed
approved.
If the sangguniang panlunsod or sangguniang bayan, as the case
may be, finds the barangay ordinances inconsistent with law or city
or municipal ordinances, the sanggunian concerned shall, within
thirty ( 30 ) days from receipt thereof, return the same with its
comments and recommendations to the sanggunian barangay
concerned for adjustment, amendment, or modification; in which
case, the effectivity of the barangay ordinance is suspended until
such time as the revision called for is affected.
Publication or Posting (Section 59, LGC)
Section 59. Effectivity of Ordinances or Resolutions.
a) Unless otherwise stated in the ordinance or the resolution
approving the local development plan and public
investment program, the same shall take effect after ten
(10) days from the date a copy thereof is posted in a
bulletin board at the entrance of the provincial capitol
or city, municipal, or barangay hall, as the case may be,
and in at least two (2) other conspicuous places in the
local government unit concerned.
b) The secretary to the sanggunian concerned shall cause the
posting of an ordinance or resolution in the bulletin board
at the entrance of the provincial capitol and the city,
municipal, or barangay hall in at least two (2) conspicuous
places in the LGU concerned not later than five (5) days

after approval thereof.

The text of the ordinance or resolution shall be
disseminated and posted in Filipino or English and in the
language or dialect understood by the majority of the
people in the LGU concerned, and the secretary to the
sanggunian shall record such fact in a book kept for the
purpose, stating the dates of approval and posting.
c) The gist of all ordinances with penal sanctions shall be
published in a newspaper of general circulation within
the province where the local legislative body concerned
belongs. In the absence of any newspaper of general
circulation within the province, posting of such ordinances
shall be made in all municipalities and cities of the province
where the sanggunian of origin is situated.
(Drilon vs Lim, G.R. 112497, August 4, 1994, EN BANC; )
CHAPTER __
SUBSTANTIVE REQUIREMENTS
FOR LEGISLATIVE ACTS
1. The subject matter of the Ordinance shall be within the
delegated authority of the sanggunian concerned;
Pelaez vs Auditor General, GR 23865, Dec. 15, 1955;
Magtajas Pryce Property vs. PAGCOR, GR 111097,
July 20, 1994
2. The Ordinance shall not contravene the Constitution and
laws passed by the national legislature; as well as the
Ordinances of higher LGUs;
-(US vs. Abenden, 24 Phil, 165)
-(San Miguel Brewery, Inc., vs. Magno, G.R. L-1879,
Sept. 27, 1957)
3. The Ordinance shall not be unfair or oppressive
-Ochate vs. Deling, 105 Phil 390;
-People vs. Fajardo, et al, 104 Phil 443, Aug. 29, 1958)
4. The Ordinance shall not be partial or discriminatory;

-People vs. Fajardo, et al, G.R. L-12172, Aug. 29, 1958;

-Sarmiento vs. Belderol, L-15719, May 31, 1951.
5. The Ordinance must be General and Consistent with Public Policy
CIR vs Ledesma, L-17509, Jan. 30, 1970;
Ongsiako vs. Gamboa, 88 Phil 56
6. The Ordinance shall not prohibit but may regulate trade
Kwong Sing vs. City of Manila, 41 Phil 103;
De la Cruz vs. Paras123 SCRA 569
7. The Ordinance shall not contravene common rights
8. The Ordinance must be reasonable
Marconi Co. vs City of Manila, 1 SCRA 312
In Magtajas vs Pryce Properties, ( G.R. 111097, 20 July 1994) the
Supreme Court reiterated the following tests of a valid ordinance:
1. Must not contravene the Constitution and any statute;
2. Must not be unfair or oppressive;
3. Must not be partial or discriminatory;
4. Must not prohibit but may regulate trade ;
5. Must not be unreasonable; and
6. Must be general in application and consistent with
public policy.

CHAPTER ___
PATTERNS/CUSTOMS OF FORMALITY IN A
DELIBERATIVE BODY SUCH AS THE LOCAL
SANGGUNIAN
Presiding Officer

1. Customs of formality under parliamentary practice are expected to be

followed by the PO and Members to maintain the Chairs necessary
position of AUTHORITY and IMPARTIALITY and to help preserve
an objective and impersonal approach and disposition of business,
especially when serious divisions of opinions arise;
2. The POs position should be placed so that even when he is seated,
on a high stool if necessary when in the back of a lectern, he can see
the entire hall and all present see him;
3. The PO speaks only of himself in the third person, i.e., The Chair or
The Chair rules Likewise, the members address the PO as Mr.
Chair;
4. The PO doesnt call a member by his name or address a member as
you;
Deliberating Members
1. Members address only the Chair or address each other THROUGH
THE CHAIR;
2. A member does not speak WITHOUT FIRST HAVING RISEN,
WITHOUT HAVING ADDRESSED THE CHAIR and WITHOUT
HAVING OBTAINED THE FLOOR. (i.e., Recognized by the Chair as
the member who has the exclusive right to speak in the floor)
3. A Member should REFRAIN from attacking a members motives.
The measure, not the member, is the subject of debate.
4. A member is not allowed to speak against his own motion. It shall
be regarded as a deception against the assembly. Instead, it is best
to withdraw his motion.
5. A member should refrain from conduct that disturbs or disrupts the
proceedings of the assembly
6. A member should refrain from dilatory or improper motions
7. A member should only confine his statements to the pending issue
or question under deliberation;
8. Civil in the conduct of members (Observance of decorum);
9. Avoidance of Moving for Adjournment when a member has the floor;
AS A GENERAL RULE, LANGUAGE USED IN THE PROCEEDINGS

SHOULD BE CORDIAL , FORMAL AND CIVIL.

CHAPTER IV
DYNAMICS OF PARLIAMENTARY PROCEDURE
PARLIAMENTARY PROCEDURE is a term referring to a set of
procedural rules and customs adopted and employed for carrying on business in
law-making bodies evolved and developed through a continuing process of refining
procedures, decisions and precedents to what is universally known as parliamentary
law and procedure. For expediency, deliberative bodies resort to this set of procedure
in the disposition of their business. In fact, deliberative bodies, assemblies and
boards , even without an approved procedural rules of their own, are presumed to be
bound by the basic principles and practice of parliamentary procedure.
This material seeks to present the most basic essentialities of parliamentary
procedure.
MEANS WHEREBY BUSINESS IS BROUGHT BEFORE THE ASSEMBLY
Business is brought before the assembly by the MOTION of a member of the
assembly. A MOTION is a formal proposal of a member during the meeting that
the assembly take a CERTAIN ACTION. The basic form of MOTION- the only
one whose introduction brings NEW business before the assembly is called
MAIN MOTION. A Main Motion sets off a pattern from which other motions
generally classified as SECONDARY MOTIONS are derived, such as Privileged
Motions, Incidental and Subsidiary Motions to aid the body systematically
and democratically dispose the main motion.
BASIC STAGES and STEPS OF PARLIAMENTARY PROCEDURE IN
HANDLING MOTIONS (Robert, supra, p. 31-41)
HANDLING OF A MOTION
There are six (6) steps, namely: Three (3) by which the motion is
brought before the assembly; and three (3) in the disposition of the motion.
Bringing the motion before the assembly:
STEP 1= A member makes a motion (That is: after having risen, having
addressed the Chair and obtained the floor or granted by Chair
the exclusive right to speak on the floor, subject to the rules of
order);

STEP 2= Another member seconds the motion

Note: The requirement of a second is generally for the guidance
of the Chair as to whether or not he should state the question
on the motion, thus placing it before the assembly. Its
purpose is to prevent time from being consumed by the
assembly having to dispose of a motion that only one person
wants to be introduced. Hence, if not seconded, the Chair
declares the motion LOST and save the assemblys time.
(Sarah Corbin Robert, Roberts Rules of Order Newly
Revised, 1990 Ed., p.35 )
In handling routine motions, less attention is paid to the
requirement of a second. If the chair is certain that a motion
meets with wide approval but members are slow in seconding
it, he can state the question without waiting for a second.
(Sarah Corbin Robert, Ibid, p. 35-36) It seems procedurally
acceptable because the absence of a second may be raised in
a point of order.
Interestingly, an author opined that the confusing
requirement of seconding a motion may be relaxed or
dispensed in legislative bodies because the members are
representatives of the electorates and their mandate is
enough second to any representations made by said
representative during the deliberation of the legislative
body.
STEP 3= The Chair States the Question on the Motion
NOTE: Neither the making or seconding of the motion places the
motion before the assembly. Only the Chair can do that by
and after he has stated the question on the motion. At that
stage, the motion is PENDING.
Until the Chair states the motion, the movant may
modify or withdraw his motion and the second may
restate his second after the modification is submitted
to the Chair. The form is
_________________________________________________
Kagawad X : It has been moved and seconded to
(state the motion). . . . .
: Is there a debate?
_________________________________________________

Disposition of the Motion

STEP 4= Members debate the Motion;
STEP 5= The Chair Puts the Question
STEP 6= The Chair Announces the Result of Voting
NOTE: It is acceptable for a member to change his VOTE
before the Chair announces the result of voting.
KINDS OF MOTIONS
MAIN MOTION
Original MAIN MOTION introduces a substantive question as a
NEW SUBJECT.
Incidental MAIN MOTION is one incidental to or relates to the
business of the assembly or its PAST or FUTURE ACTIONS.
Examples:
Take From the Table
This motion seeks to recall or revive a subject that had been Laid
on the Table or archived upon order or decision of the body. Once the
motion is approved, the subject is on the floor for disposition of the
body.
Rescind or Repeal
This motion seeks to put before the body its previous decision for
the body to withdraw/annul/abandon . Once approved, the subject is
returned on the floor for disposition by collegial action of the body.
Discharge a Committee
This motion seeks to release a committee to which a subject
was previously assigned on account either of its completion or with
the intention of reassigning the subject to another committee or some
other disposition.. Once approved, the committee concerned is released
from the assignment and for the body to decide the disposition of the
assignment.
Reconsider

This motion seeks to call the body to review its decision and may
be proposed only at the same meeting/session where the question sought
to be reconsidered has been decided. Thus, once approved, the decision
is vacated and the subject is on the floor for disposition anew.
Fundamental Principle of Parliamentary Law
In her book, Robert reveals the fundamental principle of parliamentary
law, in this wise:
Only one question can be considered at a time. Once a
Motion (main motion) is before the assembly, it must
be adopted or rejected by a vote, OR the assembly must
take action disposing the question in some other way,
before any other business ( EXCEPT matters called
privilege motions) can be brought up. (P. 58)
It is from this fundamental rule that SECONDARY MOTIONS are
generated, which must first be disposed by vote by the assembly to facilitate
the disposition of the question before the assembly so that another question
can be brought up for consideration.
SECONDARY MOTIONS consists of Subsidiary Motions; Incidental
Motions; and Privileged Motions.
SUBSIDIARY MOTIONS
Class of Motions that assist the assembly in treating or disposing
or avoiding action on the pending Motion.
Examples:
Lay On the Table
This motion seeks to provisionally free the body from being stalled
in the consideration of a pending subject so it can move to more urgent
business. Once approved, the consideration of the subject is postponed
indefinitely until it is taken from the table in the future.
Call the Previous Question
This motion seeks to close the protracted debate on a pending
question and to put it immediately to vote. Once approved, the Chair puts
the question to the body for voting.

Modify the Limit or Extend of Debate

Time limits for as well as number of speakers for each side in debates
are usually provided for in the Rules of the body. However, if the time or
number of speakers allotted for debate proves to be inadequate (hence need
to be extended or increased) or unnecessarily long ( hence the need to
shorten or decrease ), this motion will be used. Once approved, the
Presiding Officer shall manage the debate as approved.
Postpone Definitely
This motion seeks to postpone consideration of a pending question
to a definite future time if it is felt that the body is not prepared to consider
the question. Once approved, the question is accordingly calendared for
the approved future time.
Commit or Refer to a Committee
This motion seeks to assign/entrust to the committee named the subject
pending on the floor for its study, investigation, recommendation or
execution, as may be proposed in the motion. Once approved, the subject is
referred or indorsed to the committee concerned.
Amend
This motion seeks to effect a proposed change or modification of a
pending question either by insertion, by elimination, or substitution of a
word, phrase, clause or of an entire sentence or paragraph. An approved
amendment of the pending question vacates and settles the main question and
is replaced by the approved amendment..
This motion needs a second. An amendment to a main motion is called
amendment of the first degree while an amendment to an amendment is
called amendment of the second degree. No further amendment is allowed
after the amendment of the second degree. (Antonio Orendain,
Parliamentary Rules by Orendain, 3rd Ed., 1966, p. 164). An amendment
of the first degree takes precedence over the main motion. An amendment
of the second degree takes precedence over the amendment of the first
degree and the main motion. T hus, when the amendment of the second
degree is adopted, same vacates and settles the amendment of the first degree
and the main motion.
______________________________________________________________
PENDING QUESTION=A motion to adopt as the Title of the Proposed
Ordinance: An Ordinance Penalizing Astray Animals

Kagawad X

: Mr. Chair, I move to amend the proposed title by

inserting the phrase the owner of between penalizing
and astray so that the title will read: An Ordinance
Penalizing the Owners of Astray Animals. (first degree
amendment)
Kagawad Y : Mr. Chair, I move to amend the proposed amendment by
inserting the word apprehended before astray animals
so that the amended title will read: An Ordinance
Penalizing the Owner of Apprehended Astray Animals
(Second degree amendment)
____________________________________________________________
Postpone Indefinitely
This motion seeks to postpone to an indefinite future time or reject
consideration of and voting on the pending question. If the motion is
approved, the subject is set-aside to be considered only by reintroducing
said motion.
______________________________________________________________
Kagawad X : (After recognition by the Chair) Mr. Chair, I move to
postpone consideration of the pending question in our
future meetings.
Kagawad Y : I second the motion
Presiding Offcr: It has been moved and seconded that this body postpone
the consideration of the pending motion in its future
meetings.
: Is there any debate?
( SILENCE)
:Hearing none, and if there is no objection, the chair will
put the question to the body. Is there any objection?
: Hearing none, as many as are in favor of the motion to
postpone consideration of the pending motion in future
meetings of the body, please raise your right hand.
Those opposed, do the same.
_______________________________________________________________
INCIDENTAL MOTIONS
Class of Motions that are considered incidental to the other
motion or matter out of which it arises and generally requiring their
immediate disposition before business can proceed.
Examples:

Suspend the Rules

Withdraw a Motion
Point of Order
Appeal From the Ruling of the Chair
Divide the Question
Divide the Assembly
Parliamentary Inquiry
Point of Information
ILLUSTRATION
Suspend the Rules
This motion seeks to free the body from technicalities so it may be
able to act with dispatch on important and urgent questions without
violating its internal rules. For instance, the Rules of the body prohibits
non-members from participating in the deliberation. Unless the rules are
suspended, invited resource persons whose expertise is sought to be
engaged in the deliberation cannot be allowed to speak! When this is
used, it must specify which rule of the Rules of Procedure of the body is
proposed to be suspended. Once approved, that specified rule is
deactivated for the duration as approved. The usual form is thus:
___________________________________________________________
Kagawad X
; Mr. Chair, we have in our midst the guests we
(Chairman, Comm. have invited to shed light on the proposed
On Infra.)
ordinance on the table upon recommendation of the
Committee on Infrastructure. I, therefore, moved
for the suspension of the rules pertaining to our
order of business to enable them to participate in the
deliberation on the proposed ordinance after which
the rules shall automatically be reinstated.
Kagawad Y
: I second the motion
Presiding Officer : It has been moved and seconded that . . . . . . . . . .
Is there any objection
SILENCE
Seeing none, the motion is carried.
The rules on the Order of Business is hereby
suspended to be automatically reinstated after
the deliberation on the pending proposed ordinance.
May we invite . to join the body in its
deliberation on the proposed ordinance.
_________________________________________________________

Withdraw
The motion to withdraw is made at the pleasure of the proponent
before the Chair puts it on the table. Thereafter, the proponent has to
get the approval of the body for its withdrawal. A motion is withdrawn
to give way to a more urgent business or because they are considered
unsuitable or untimely for consideration. It is a tactful way of avoiding
an issue rather than objecting to its consideration.
___________________________________________________________
Kagawad X
: I move that we adjourn at 3:00 PM.
Kagawad Y : I second the motion
Kagawad Z
: I object, Mr. Chair.
Kagawad X
: Mr. Chair, I withdraw my motion.
Kagawad Y : Mr. Chair, I have no objection to the withdrawal
Presiding Officer : The motion is withdrawn.
OR
Kagawad X

: I move that we move our next regular meeting from

October 21 to October 26
Kagawad Y
: I second the motion
Presiding Officer: It has been moved and seconded that we move our
next regular meeting from October 21 to October 26.
Is there any objection?
Kagawad Z
: I object, Mr. Chair. I have an engagement on that
day.
EXCHANGE OF ARGUMENTATION ENSUES
Kagawad X
: Mr. Chair, I withdraw my motion
Presiding Officer: As many as are in favor of the withdrawal of the
motion, raise your right hands.
As many as are against, do the same.
The motion is withdrawn (IF APPROVED)
The motion remains on the table (IF
DISAPPROVED)
____________________________________________________________
Point of Order
This motion is raised immediately after a supposed error as been
committed, even if it has to interrupt a speaker or the taking of votes or a
proceeding. It doesnt require a second, not debatable and not subject to
any amendment. It is primarily decided by the Chair. If the Presiding
Officer agrees, he shall accordingly order the correction of the error.
Otherwise, he may rule the movant as out of order and allow the
speaker who was interrupted to resume or continue his discourse.
If the movant who was ruled out of order disagrees with the ruling of

the Presiding officer, the movant may submit a motion appealing the
ruling to the assembly. Without debate, the Chair shall submit the
question on the motion to the assembly for voting whether they
sustain the ruling of the chair or not. The form can be, thus:
_______________________________________________________
Kagawad X
: (Raising his hand and even without recognition from
the Chair) Mr. Chairman, Point of Order!
Presiding Officer : Yes, Kagawad X. Please state your point of order.
Kagawad X
: The point of order is that the question on the motion
presented to the body by the Chair is a main motion
which should not be accepted because there is a
pending main motion.
Presiding Officer : The point of order is well taken. The question on
the motion presented by the chair before the body is
hereby declared out of order.
The main motion pending before the body is
(restated the same)
OR
The point of order is not well taken. The question
on the motion on the table stands.
__________________________________________________________
Appeal From the Ruling of the Chair
This motion seeks to submit the ruling of the chair to the assembly
which must be given immediately after the ruling appealed from is issued
by the Chair. Otherwise, the motion can be ruled as out of order. The
common form is, thus:
____________________________________________________________
Kagawad X

: (Without waiting for any matter to intervene after the

Chair issues its ruling) Mr. Chair, I respectfully
appeal the ruling of the Chair.

Presiding Officer : Kagawad X, please explain the reasons for your

appeal.
Kagawad X

: I respectfully submit the following reasons:

x x x x x x x x

Presiding Officer : The reasons for the Chairs ruling are:

Xxxxxx
The ruling of the Chair appealed from is over the
rejection of the Chair of the point of order of
Kagawad X that the question on the motion now on

the table is a main motion which should be ruled

out of order and withdrawn from the table.
As many as are in favor of the Chairs ruling, raise
your right hand
As many as are against the Chairs ruling, do the
same.
The ruling of the Chair remains OR The ruling of
the Chair is withdrawn. The question on the
motion now on the table is hereby withdrawn and
declared out of order.
The question on the motion on the table is (state)
___________________________________________________________
Divide the Question
This motion seeks to breakdown a compound or complicated
proposition into basic sub-items to simplify disposition of the
proposition. The form is, thus:
___________________________________________________________
Kagawad X

: Mr. Chair, I move that we convene for our next

regular session in Barangay O on October 26 (not the
next date of the regular meeting) to start at 8:00 in the
morning.

Kagawad Y

: I second the motion

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

: Mr. Chair, I propose to divide the question, namely:

A motion for the kind of meeting; another for the
venue; another for the date and finally, another for the
starting time.

Presiding Officer: It is proposed that the original motion be divided into

four parts, namely: 1) Kind of meeting; 2) the Venue;
3) Date of the meeting; and 4) starting time.
Is there any objection
(SILENCE)
There being none, the proposed division of the question
into 4 parts is in order. Kagawad X is requested to
restate the motion as divided.

_____________________________________________________________

Divide the Assembly/House

This motion is used when a member wants a voting on a particular
pending question be immediately done, OR wants to verify the votes cast
or the announcement made on the result of the voting just done. This
motion needs no second, not debatable, cannot be amended and requires
immediate action of the chair. Thus, the proponent says: Mr. Chair, I
move for a division of the house. Immediately, the Chair acts by
requiring the Secretary to call the roll to ascertain the vote of each
member.
Parliamentary Inquiry
This motion seeks to obtain from the chair an information on, or
clarification of, a specified parliamentary procedure or the Rules. It may
be raised anytime even if someone has the floor. A speaker who is
interrupted by this inquiry should stop until the inquiry is answered.
Notwithstanding this privilege, no member should interrupt a speaker if
the inquiry can be reasonably wait until the latter is finished.
Parliamentary inquiry is always directed and responded to by the
Presiding Officer. While a parliamentary inquiry must be answered at
once, the Presiding Officer may consult an authority before answering. If
he feels that the inquiry is not of immediate importance, he may defer his
answer until the speaker is finished or after the pending business is
disposed of or upon response from the authority consulted. It does not
require a second, not debatable and cannot be amended. The format is
usually thus:
___________________________________________________________
Kagawad X
: Mr. Chairman, parliamentary inquiry!
Presiding Officer : Yes, Kagawad X. State your parliamentary inquiry.
Kagawad X
: May I be informed what vote is necessary to suspend
the rules.
Presiding Officer : (IF HE KNOWS) According to Sec. ___ of the Rules,
by affirmative votes of 2/3 of the members; OR (IF
HE CANT RECALL) May I refer the inquiry to
the Committee on Rules for an answer.
Chairman
: Mr. Chair, according to Sec. ___ of the Rules, by
an affirmative votes of 2/3 of the members.
Presiding Officer : Kagawad X, according to Sec. ___ of the Rules, the
affirmative votes of 2/3 of the members is necessary

to suspend the rules.

Kagawad X
: Thank you, Mr. Chair.
__________________________________________________________
Point of Information
This motion is similar to parliamentary inquiry except that
1) it seeks to obtain a pertinent information related to the
principal issue under discussion.; OR
2) it seeks to provide a pertinent information related to the
principal issue under discussion;
It is the right of every member to be informed at all times of
the question pending before the body and it is the duty of the Presiding
Officer to give out such information if he decides that the request is a
reasonable one. Often, the format thus:
Kagawad X
: Mr. Chairman, point of information.
Presiding Officer : Yes, Kagawad X, State your information
Kagawad X
: Mr. Chair, I wish to know if the issue now under
consideration of this body is in the order of business.
OR
:Mr. Chair, I wish to know if the speaker can entertain
a question. or two.
Presiding Officer : Can the gentleman reserve his inquiry for the open
forum after the speaker shall have finished his
presentation?
Kagawad X
: I submit, Mr. Chairman. Thank You.
OR
Presiding Officer : (Addressing the speaker) Is the Hon. Kagawad Y
willing to answer a question or two?
Kagawad Y
: Gladly, Mr. Chairman.
Presiding Officer : (addressing Kagawad X) The gentleman can now ask
his question.
Kagawad X
: Mr. Chair, I would like to know the source of the
statistics cited by the speaker
Presiding Officer : (addressing the speaker) Hon. Kagawad Y will
please answer the inquiry.
Kagawad Y
: Mr. Chair, the source of my statistics is a National
Survey
Kagawad X
: Thank you, Mr. Chairman.
_________________________________________________________

PRIVILEGED MOTIONS
Class of motion which do not directly relate to the pending
business but have to do with special matters of immediate and overriding
importance which, without debate, should be allowed to interrupt the
consideration of anything else. Thus, it can be said to be a class of
motions which are privileged and treated with special priority attention.
Examples:
Fix the Time To Which To Adjourn
Adjourn
Take a Recess
Raise a Question of Privilege
Call For the Orders of the Day
ILLUSTRATION
Fix the Time To Which To Adjourn
This motion seeks to set IN ADVANCE the time when the meeting
will adjourn. Once approved, the meeting continues until the time agreed
upon is reached.
Adjourn (Generally cannot be made while a member has
the floor UNLESS submitted at the time set by
the Rules of Order for adjournment.)
This motion seeks the adjournment of the meeting upon approval
by the assembly.
Recess
While the Presiding Officer can declare a recess as the need arises,
Same can be sought by a member. A motion to declare a recess should
specify the duration which, when approved, the Presiding Officer shall
be duty-bound to strictly enforce.

Raise a Question of Individual/Collective Privilege

This motion seeks to call for an immediate action by the Presiding
Officer to address the matter brought to his attention which is adversely
affecting the movants or that of the assemblys comfort and
convenience.
Call for the Orders of the Day
This motion seeks the intervention of the Presiding Officer to
redirect the assemblys attention to the Order or business on the table.
PRECEDENCE OF MOTIONS
PRIVILEGED MOTIONS
1. Fix the Time To Which To Adjourn
2. Adjourn (Generally cannot be made while a member has
the floor UNLESS submitted at the time set by
the Rules of Order for adjournment.)
3. Recess
4. Raise a Question of Individual/Collective Privilege
5. Call for the Orders of the Day
SUBSIDIARY MOTIONS
6.
7.
8
9.
10.
11.
12.

Lay On the Table

Call the Previous Question
Limit or Extend Limits of Debate
Postpone Definitely
Commit or Refer To a Committee
Amend
Postpone Indefinitely
MAIN MOTION ( Collectively ranked No. 13 )

Original/General MAIN MOTION

Incidental/Specific MAIN MOTION
a) Take From the Table
b) Rescind or Amend something previously adopted
c) Discharge a Committee
d) Reconsider
INCIDENTAL MOTIONS
(Without individual or collective ranking or order of
precedence among themselves. They arise only

incidentally out of the pending question. They take

precedence over the question from which they arise. )
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)

Point of Order
Appeal
Suspend the Rules
Divide the Question
Divide the Assembly
Parliamentary Inquiry
Point of Information
Withdraw a Motion

ORDER OF BUSINESS
A permanently organized deliberative body (or regularly meets for a fixed
duration) is presumed to follow an established order of business that specifies
the sequence in which general types or classes of business are brought up or
permitted to be introduced for consideration of the body.
NOTE: Article 107, RULE XVII of the Implementing Rules and
Regulations of Republic Act 7160 essentially prescribes
a |Three (3) Reading Model of the Order of Business in
Sanggunians.
In its Local Legislators Toolbox, p. 67, the Institute of Local Government
Studies proposed an Order of Business, as follows:
ORDER OF BUSINESS
I. Call to Order
II. National Anthem and Invocation
III. Roll Call
IV. Approval of the Minutes of the Previous Meeting/Session
V. Reference of Business (also known as First Reading and Referral)
a) Proposed Ordinances
b) Proposed Resolutions
c) Petitions or Requests
d) Other Communications
VI. Committee Reports
VII. Calendar of Business (Also known as Second Reading and Debate)
VIII. Business on Third and Final Reading
IX. Other Matters
X. Adjournment

CALENDAR OF BUSINESS

The Calendar of Business constitute the HEART of every session or

meeting of a legislative body as a deliberative assembly. It is widely known as
the Second Reading and Debate part of the Order of Business. It contains the
following business:
1) UNFINISHED BUSINESS- A question or proposal which has

remained undecided by the sanggunian at the time of its

adjournment in the immediately preceding session/meeting
which need to be disposed of from the period it was at the time
of adjournment.
2) BUSINESS FOR THE DAY- A Calendar of proposed legislative acts
reported out by the Committees for Second Reading. The items
will be taken up in the order they appear on the calendar as
determined by the Committee on Rules.
3) UNASSIGNED BUSINESS- A listing of proposed legislative acts
embodied in Committee Reports, the dates of discussions on which
have not as yet been determined.
All BUSINESS under Calendar of Business or Second Reading and Debate
shall be collegially processed through the following PERIODS/STAGES:
-PERIOD OF SPONSORSHIP and INTERPELLATION
This is the stage where the sponsorship speech shall be delivered
by the Chairman of the Committee who earlier recommended favorable
consideration of the proposed legislative act by the sanggunian. The speech
shall essentially focus on the basis, purpose and benefits that the legislative
act will generate.
-PERIOD OF COMMITTEE AMENDMENTS
This is the stage where the Chairman of the Committee will present
the Committee Version of the proposed legislative act.
-PERIOD OF INDIVIDUAL AMENDMENTS
This is the stage where the Presiding Officer shall present the principal
parts of the proposed committee version of the legislative act to the body for
individual members to deliberate for approval by parts from Title to
Effectivity clause.
-APPROVAL ON SECOND READING
This is the stage where all the approved version of the essential parts of
the legislative act is subjected to approval by the body.

TIPS FOR THE PRESIDING OFFICER

A. IN HANDLING MEETINGS/SESSIONS
( Legislative functions)
1.
2.
3.
4.
5.
6.
7.
8.
9.

MASTER the IRP and BASIC PARLIAMENTARY PROCEDURE

FAMILIARIZE WITH THE ORDER OF BUSINESS BEFORE STARTING
REMAIN IMPARTIAL/OBJECTIVE
POSITION YOURSELF FOR PSYCHOLOGICAL ASCENDANCY
MAINTAIN DEMOCRATIC TRADITION on VOICE OF MINORITY
GIVE INFORMATION
DISTINGUISH SUBSTANTIVE from PROCEDURAL ISSUE
MASTER HOW TO HANDLE MOTIONS
MANAGE THE SECOND READING
B. IN HANDLING HEARING and DELIBERATION
(Quasi-Judicial functions)

1. MASTER the RULES OF PROCEDURE and the ROLE OF

A PRESIDING JUDGE
2. ENSURE THAT THE JURY AND SECRETARY ARE READY BEFORE
CALLING THE CASE. REMIND THE JURY OF THEIR INDIVIDUAL
AND COLLEGIAL DUTIES;
3. ASCERTAIN REPRESENTATION OF THE PRINCIPAL PARTIES and
VALIDATE EACH COUNSELS READINESS;
4. AFFORD DUE PROCESS TO BOTH PARTIES
5. POSITION YOURSELF FOR PSYCHOLOGICAL ASCENDANCY
6. MASTER THE RULES ON EVIDENCE: Substantive and Procedural
7. MAINTAIN IMPARTIALITY
8. DISCOURAGE FOSTERING DEBATE BETWEEN THE JURY and
PARTY or COUNSEL
-Refer any legal issue/argument of one counsel to the opposing counsel;
-If necessary, require the counsels to submit position papers on the
legal issue before the JURY renders its RULING
10. ALLOW the JURY to ask CLARIFICATORY QUESTIONS after a
Witness has testified and was cross-examined; Set the sequence of asking
questions among the JURY.
11. STICK WITH THE ORDER OF PRESENTATION OF EVIDENCE
12. DISQUALIFICATION ISSUE IS FOR THE CONCERNED JURY TO
DECIDE.
DELIBERATION ON MERITS
1. Ascertain common understanding of the elements of the ground charged
2. Penalty for offense proved is prescribed by law, NOT BY VOTING;
3. VOTING on GUILT of RESPONDENT AFTER DELIBERATION
OF THE FACTS PROVING THE EXISTENCE/INEXISTENCE OF
THE ELEMENTS OF THE CHARGE
4 .CONFIDENTIALITY AND EXCLUSIVITY OF DELIBERATION
5. PONENTE
6.REQUISITES OF A DECISION

CHAPTER ----LEGISLATIVE ACTS, RECORDS and TOOLS

A legislative Body such as the sanggunian speaks through its Legislative
Acts, namely: ORDINANCE and RESOLUTION.
ORDINANCE is a legislative act of general and permanent character
while RESOLUTION is temporary in character, an expression of legislative
sentiment as well as exercise of proprietary powers.
An Ordinance is a local law, a regulation of general, permanent nature,
a rule established by a governing authority for compliance of all inhabitants and
all who sojourn within its territorial jurisdiction (Discanso vs Gatmaitan,
G.R. 12226, October 31, 1960) ;
An Ordinance is intended to permanently DIRECT and CONTROL
matters applying to persons or things in general. (Garcia vs COMELEC, G.R.
111230, Sept. 30, 1994, EN BANC)
TYPES OF ORDINANCES
A. GENERAL ORDINANCE- A legislative act in the exercise of POLICE or
GENERAL WELFARE POWER prescribing regulatory measures.
B. APPROPRIATION ORDINANCE- A legislative act in the exercise of the
Power of Appropriation of local funds for purposes allowed by law.
C. TAX ORDINANCE- a legislative act in the exercise of Taxing or Revenue
Generating Power whose primary purpose is to raise local revenues
through the imposition or levying of tax, fee or charge subject to
limitations prescribed by law.
D. SPECIAL ORDINANCE- a legislative act for a specific purpose allowed by
law.
RESOLUTION- an act expressing an opinion of a legislature which is only temporary
or transitory effect. It is a statement of verdict, decision, resolve, but
not a law. (Garcia vs COMELEC, G.R. 111230, Sept. 30, 1994)
- refers to matters which are temporary in nature or which involve
ministerial functions or duties such as expression of legislative
sentiment, exercise of proprietary functions and private concerns.
(Deliberations of the Committee on Local Government, Interim
Batasang Pambansa, Dec. 2, 1982 as cited by Antonio R. Laurora,
Guide to Effective Local Legislation, 1987, p. 24)

TYPES OF RESOLUTIONS
A. STANDARD-Commonly used in private organizations and is more
appropriate for expression of sentiments, desire, aspiration,
request or will.
B. COMMISSION-Commonly used by Commissions or Boards exercising
regulatory powers and is applicable in resolutions containing
Decisions, Position or Stand on certain issues.
Form or Substance?
It is the substance, spirit or essence, and not the form of legislative act that
controls. (Manila Race Horses Trainers Asso., Inc. & Juan F. Sorden
vs De La Fuente 68 Phil 60, Jan. 11. 1951)
Legislative acts which are ordinances in substance but resolution in form shall
be construed as ordinance.(Favis vs City of Baguio, 21 SCRA 1960)