Local Legislation under the Local Government Code of the Philippines (Republic Act No. 7160)

Local legislation refers to the authority of local government units (LGUs) to enact laws, referred to as ordinances, and to adopt resolutions that address the needs of the local community within the framework of the law. The powers and responsibilities of LGUs in relation to local legislation are primarily governed by the Local Government Code of 1991 (LGC).

The LGUs include the following political subdivisions:

Provinces
Cities
Municipalities
Barangays

The legislative powers of these LGUs are vested in their respective local legislative bodies:

Sangguniang Panlalawigan (Provincial Board) for provinces
Sangguniang Panlungsod (City Council) for cities
Sangguniang Bayan (Municipal Council) for municipalities
Sangguniang Barangay (Barangay Council) for barangays

1. Scope of Local Legislation

Under Section 16 of the Local Government Code, LGUs have the power to legislate for the following purposes:

General Welfare Clause: The promotion of the health, safety, prosperity, and general welfare of the people within the LGU’s territorial jurisdiction. This broad provision grants LGUs flexibility to enact ordinances addressing diverse concerns, as long as these serve the general welfare.
Corporate Powers: LGUs, as legal entities, can create policies or rules relating to their proprietary functions. These powers include those that enable the LGU to enter into contracts, manage property, and engage in economic activities for income generation.

2. Legislative Process

The process of enacting ordinances and adopting resolutions involves several key stages:

Introduction of Ordinance or Resolution: A member of the sanggunian introduces a proposed ordinance or resolution.
Deliberations and Readings: The ordinance or resolution undergoes several readings and deliberations. This includes:
- First Reading: Title of the ordinance is read, and it is referred to an appropriate committee for study and recommendation.
- Second Reading: Deliberation on the ordinance, including amendments and discussions on its merits.
- Third Reading: Final reading and approval or disapproval of the ordinance or resolution.
Approval by the Local Chief Executive (LCE):
- The local chief executive (governor for provinces, mayor for cities and municipalities, and punong barangay for barangays) is given 10 days to approve or veto the proposed ordinance or resolution.
- If approved, the ordinance is published or posted in public places and becomes law.
- If vetoed, the sanggunian may override the veto with a two-thirds vote of all its members.

3. Veto Power of the Local Chief Executive

Under Section 55 of the LGC, the LCE may veto an ordinance or resolution within 10 days from receipt. The veto must be based on the following grounds:

The ordinance or resolution is ultra vires (beyond the powers of the sanggunian).
It is prejudicial to the public welfare.
It fails to comply with mandatory procedural requirements.

If the veto is overridden by a two-thirds vote of the sanggunian members, the ordinance becomes effective.

4. Powers of the Local Legislative Bodies

Each level of local government has specific powers granted to their legislative bodies under the LGC, as outlined below:

a. Sangguniang Panlalawigan (Provincial Board)

The Sangguniang Panlalawigan exercises legislative functions over the province. Its powers include:

Appropriation of funds: Enacting ordinances that authorize the annual budget and other appropriations.
Regulation of land use: Adopting measures that regulate the use of land within the province for agriculture, industry, and other purposes.
Imposition of taxes and fees: Levying taxes, fees, and charges, particularly those related to the operation of the provincial government.
Regulation of natural resources: Enacting ordinances that regulate the extraction and utilization of natural resources within the province.

b. Sangguniang Panlungsod (City Council)

The legislative authority of cities resides in the Sangguniang Panlungsod. In addition to the general powers granted under the LGC, cities have broader authority due to their status as independent or highly urbanized units. Their powers include:

Taxation and revenue generation: Cities can impose taxes, fees, and charges as allowed under the LGC and other laws.
Zoning ordinances: Cities can enact zoning ordinances to regulate the use and development of urban land.
Public utilities and enterprises: City councils have the power to regulate public utilities and franchises operating within their jurisdiction.

c. Sangguniang Bayan (Municipal Council)

The Sangguniang Bayan serves as the legislative body of the municipality. Its powers are similar to those of cities but are limited to the municipality's jurisdiction. These powers include:

Adopting ordinances for municipal development: Such as regulations on sanitation, waste management, and local economic enterprises.
Taxation: Imposing taxes and fees that apply to the municipality.
Issuance of permits and licenses: Municipal councils regulate local business operations through the issuance of permits and licenses.

d. Sangguniang Barangay (Barangay Council)

The Sangguniang Barangay, being the legislative body of the barangay, exercises more limited legislative functions, which include:

Enactment of barangay ordinances: Ordinances that directly affect the day-to-day activities of barangay residents, including peace and order, sanitation, and local community projects.
Issuance of barangay clearance: Barangays regulate small-scale local businesses and construction projects by issuing clearances and permits.

5. Limitations and Requirements on Local Legislation

While LGUs enjoy substantial legislative autonomy, their powers are subject to certain limitations, including:

a. Consistency with National Law

Local ordinances must be consistent with the Constitution and national laws. Under the principle of preemption, national law prevails over conflicting local ordinances.

b. Compliance with Procedural Requirements

Ordinances must go through the prescribed legislative process. Failure to comply with procedural requirements, such as public hearings for certain ordinances (e.g., zoning or taxation ordinances), renders the ordinances invalid.

c. Publication and Effectivity

For an ordinance to take effect, it must be published in a newspaper of general circulation or posted in prominent public places in the LGU, depending on the type of LGU and the ordinance involved (Section 59, LGC).

d. Judicial Review

Local ordinances are subject to judicial review. Courts may declare ordinances invalid if found to be beyond the powers of the LGU (ultra vires), unconstitutional, or in violation of statutory requirements.

6. Local Legislative Autonomy and Control

a. Autonomy

LGUs enjoy autonomy, particularly in the formulation of local policies through local legislation. This autonomy is enshrined in the Constitution and the Local Government Code, which recognize the right of LGUs to govern themselves and make laws for their local communities.

b. Supervisory Control

The President, through the Department of the Interior and Local Government (DILG), exercises general supervision over LGUs to ensure that their actions are within the scope of their powers and in accordance with the law. Supervision does not extend to control, which means that the national government cannot directly interfere with the actions of LGUs unless these are illegal or outside the bounds of their authority.

7. Challenges in Local Legislation

LGUs often face various challenges in local legislation, including:

Limited financial resources that affect their ability to implement local ordinances.
Conflicting interests between local officials and their constituents.
Political pressures that may influence legislative decisions.

Conclusion

Local legislation is a critical component of governance in the Philippines, allowing LGUs to exercise self-governance and respond to the specific needs of their constituents. While LGUs are granted broad legislative powers, they must operate within the constraints of national law and constitutional principles. The Local Government Code provides the framework for the legislative process, and LGUs must ensure compliance with both substantive and procedural requirements for their ordinances to be valid and effective.