Overview of Barangay

Legislation

Presented by:
SHARON G. BALINGIT, CPA, MPM
Hierarchy of Positive Laws

The Philippine Constitution

National Laws & International

Treaties/Agreements
(e.g. Acts, Commonwealth Acts, Batas Pambansa, Republic Acts,
Presidential Decrees issued during the Marcos era and Executive Orders
issued by President Corazon Aquino prior to the 1987 Constitution)

Administrative Issuances to implement

National Laws
(e.g. Presidential Proclamations, Letters of Instruction, Exec.
Orders, Memorandum Circulars)

Ordinances by LGUs
(must supplement, but must not contradict any
national laws)
 Legislation in the Philippines
1900-1987 Constitution
Period Legislative Authority Name of Statutes

1900-1935 Philippine Commission, Acts

Philippine Assembly,
Philippine Legislative
1935-1941 National Assembly, Congress Commonwealth Acts

1946-1972 Congress Republic Acts

1972-1986 Marcos as Legislator under Presidential Decrees

Martial Law
Batasang Pambansa (1978- Batas Pambansa
1986)
 Legislation in the Philippines
1900-1987 Constitution
Period Legislative Authority Name of Statutes

1986-1987 President Aquino as Executive Orders

Legislator in the
Revolutionary Government
1987 to Congress Republic Acts
Present
Principles (in re Hierarchy of Laws)
Principles (in re Hierarchy of Laws)
Principles (in re Hierarchy of Laws)
 Local Policy Formulation

• Local policy making is the heart of

governance

• Legislation is an act of proposing a law,

or rule, or regulation

• Authority is conferred to make laws

• Enactments are limited

• Local legislations are for local matters

LOCAL POLICY FORMULATION: DESCRIPTION

 a product of constant negotiation,

hard bargaining and democratic
dialogue

 a good mix of facts, figures and

factors
 Conflict sensitive
 Evidenced-based
 Development-oriented
 Community-responsive
Integrating CSPP in Local Policy Formulation

 Understanding local conditions

 Recognizing the people and their
interests by considering:
 Age – dominant age group
 Gender – equality with men; orientation
 Ethnicity – migration, culture, settlement
 Occupation – urbanization, livelihoods
 Socio-economic Status – poverty, opportunity
 Religion/Faith – religion vis culture
 Organizations – cooperatives, PO’s
CSPP in Local Policy Formulation Process
 Agenda-Setting
 Needs, demands and aspirations of people /
community re peace and development are
translated into legislative blueprint
 Policy and Program Formulation
 Legislature enunciates policies re conflict
prevention and peacebuilding, promulgate goals
and provide the means to attain it
 Program Implementation
 Execution and steering of course of action
 Assessment of Policy Impact
 Determining efficacy and extent of achievement
re social cohesion, inclusive growth, sustainable
development, community resilience
Critical Choice in Local Policy Formulation

Immediate benefits
with long range harm
or
Short term inconveniences
with long term benefits
Challenges to Local Policy Formulation

 Capacitating and enabling local

Sanggunians to take concerted action
 Multi-Stakeholder Dialogue Orientation
 Peace and Conflict Lens

 Ensuring policies are truly sensitive and

responsive to the needs and aspirations
of constituents
 Systems Thinking vs Linear Thinking
 Do No Harm / Do Some Good
Why Is Evidence Needed In Making Local Policy?

 Scientific – systematic
 Verifiable – defined procedures
 Measurable – indicators,
parameters
 Participatory – reflective of
reality
 Objective – less subjective
Functions and Mandates of Local Sanggunian
Section 468, 458, 447. Powers of the Sanggunian

- Approve ordinances and pass resolutions necessary for

an efficient and effective provincial government….
- Generate and maximize the use of resources and
revenues for the development plans, program objectives
and priorities..
- …. enact ordinances levying taxes, fees and charges
- Approve ordinances which shall ensure the efficient and
effective delivery of the basic services and facilities..
- Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
SCOPE OF LOCAL LEGISLATIVE 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 government
officials and personnel.
 Why Is Local Legislation Important?

• Vital in addressing the problems

of the citizens of the LGU
• Necessary in promoting the
general welfare and development
of the LGU and its citizens
• Crucial in attaining the vision of
the LGU for its citizens
THE SANGGUNIANG
BARANGAY

 is the LEGISLATIVE BODY of the

barangay & shall exercise the
legislative power for the barangay
THE SANGGUNIANG
BARANGAY
 the sangguniang barangay
exercises only delegated
legislative powers conferred to
them by the Congress
 Legal Maxim: “potestas
delegata non potest delegare”
 A delegated power cannot
be delegated!
THE SANGGUNIANG
BARANGAY

 Presiding Officer (Punong

Barangay)

 7 regular Sangguniang
Barangay
Members elected at large
(Kagawads)
Most important legislative
documents

 Journal of Proceedings
 Minutes
 Calendar of Business
 Committee Reports
 Notice of Special
Meetings and Sessions
General Kinds of Ordinance

 Appropriation Ordinance
 Tax Ordinance
 Special Ordinance
 General Ordinance
General Kinds of Ordinance

Appropriation
Ordinance
 for appropriation of bgy
funds
 pre-requisite before
barangay funds could
be spent
General Kinds of Ordinance

Tax Ordinance
 for raising
barangay revenues
General Kinds of Ordinance

General Ordinance
 for the exercise of
police powers for the
general welfare of the
people
General Kinds of Ordinance

Special Ordinance
 for special purposes like:
1. Naming/renaming a bgy
road or building or public
market
2. Adoption of BDP and AIP
3. Creation of a plantilla
position
Requisites of a Valid Ordinance

 It must not contravene the

constitution or any statute
 It must not be unfair or
oppressive
 It must not be partial or
discriminatory
Requisites of a Valid Ordinance

 It must not prohibit but may

regulate trade
 It must be general and
consistent with public policy
 It must not be unreasonable
Review of barangay ordinances

 within 10 days after its

enactment:
The barangay shall submit
copies of all barangay
ordinances to the Sangguniang
Bayan/Panlungsod
Review of barangay ordinances

 Matters subject to Review

of the SB/P:
* all Ordinances enacted
* Executive Orders
* Appropriation Ordinance
* other matters as may be
required by SB/P
thru an ordinance enacted
 Constitution of a Quorum

 A majority of ALL the

members of the
Sanggunian who have
been elected & qualified to
transact business
 Voting Requirements

 greater than half of the

membership of the body or
50% + 1 of the entire
membership
 Voting Requirements

 Qualified Majority –
Majority vote of ALL the
kagawads, there being a
quorum
 Simple Majority – majority
vote of those kagawads
present, there being a
quorum
EFFECT OF LACK OF QUORUM

 No business can be
transacted even with the
unanimous consent of those
present