The Local Legislative Process Flashcards

Comprehensive vocabulary flashcards based on the lecture on the local legislative process, relevant sections of the Local Government Code (LGC), and powers/functions of local government units.

Local Legislation (as a Power)

The Sanggunian's authority to enact ordinances, approve resolutions, or appropriate funds designed to deliver basic services and facilities, and promote the general welfare.

Local Legislation (as a Process)

The Sanggunian's continuous interaction with the LGU's executive branch, constituents, civil society, and other actors of governance, resulting in policy actions that promote the development of the locality.

Section 16 of the LGC

The provision of the Local Government Code containing the General Welfare Clause.

Section 17 of the LGC

The provision of the Local Government Code covering Service Delivery Areas (delivery of basic services and facilities).

Section 22 of the LGC

The provision of the Local Government Code defining Corporate Powers of Local Government Units.

Section 48 of the LGC

The provision stating that legislative power is vested in the Sanggunian as a collegial, collective body, requiring the participation of all its members by voting upon every question.

Section 391 of the LGC

The provision detailing the functions of the Sangguniang Barangay.

Section 447 of the LGC

The provision detailing the functions of the Sangguniang Bayan.

Section 468 of the LGC

The provision detailing the functions of the Sangguniang Panlalawigan.

Presiding Officer

The Vice Governor/Vice Mayor who acts as the regular presiding officer and head administration of the legislative assembly, voting only to break a tie (Section 49 & Section 457).

Internal Rules of Procedure

Rules that the Sanggunian must adopt or update on the first regular session after the election and within 90 days, providing for organization, committees, order of business, legislative process, and disciplinary sanctions.

Conflict of Interest

Ethical considerations suggesting that a public official should be inhibited from performing an official function because of a clash between public interest and his/her private pecuniary interest.

Duty to Disclose

The obligation of every Sanggunian Member to fully disclose any financial, business, professional, or personal interest with any person or entity affected by an ordinance under consideration.

Regular Session

A session held at least once a week on a designated day, time, and place without requiring written notice, during which any agenda may be discussed.

Special Session

A session called by the LCE or majority of members, held on a specified day, time, and place as stated in a written notice, where only the stated agenda may be discussed.

Quorum

More than half (majority) of all members who have been elected and qualified, with the Vice Governor/Vice Mayor included in the computation.

Simple Ordinance Approval

Requires the vote of the majority of members present, there being a quorum.

Approval of Money Payment/Liability Creation Ordinance

Requires the vote of the majority of all elected and qualified members of the Sanggunian.

Ultra Vires

A ground for LCE veto defined as 'beyond the power' of the LGU.

Veto Power of the Local Chief Executive

The written objection to an ordinance on grounds that it is ultra vires or prejudicial to public welfare; can be overridden by a 2/3 vote of all Sanggunian members (not applicable to Punong Barangay).

Legislative Review Transmission Timeline

The requirement for lower LGUs to transmit lower-level ordinances to the reviewing Sanggunian within 3 days for cities/municipalities or 10 days for Barangays from enactment.

Lapsing into Law

The result when a reviewing Sanggunian fails to take action on a lower-level ordinance within 30 days.

Effectivity of Ordinances

Ordinances take effect on the date specified, or after 10 days from publication if silent; must be posted/disseminated in Filipino or English.

Legislative Oversight

The review and monitoring of executive agencies, programs, activities, and policy implementation, derived from the legislature's 'power of the purse' and express powers.

Section 465, (b), (1), (iv) of the LGC

The provision mandating the Provincial Governor to initiate and propose legislative measures and provide requested information and data needed by the Sangguniang Panlalawigan.