MUNICIPAL LEGISLATION and ORDINANCES
® The Constitution establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X)
® Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies.
® The Constitution (Section 3, Article X) mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which became effective on 1 January 1992.
® The Local Government Code of 1991 (RA 7160) provides:
® Section 48. Local Legislative Power. - Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.
® The Sangguniang Bayan is the legislature of municipal governments in the Philippines. It passes ordinances and resolutions for the effective administration of the municipality. Its powers are defined by the Local Government Code of 1991.
® An ordinance passed by the Sangguniang Bayan is sent to the municipal mayor for approval. Once approved, it is transmitted to the Sangguniang Panlalawigan of the province to which the municipality belongs, for compliance review.
® On the other hand, when the mayor vetoes an ordinance, it is sent back to the Sangguniang Bayan to reconsider the objections; however the Sangguniang Bayan may override such veto by a two-thirds vote of all its members which renders the measure's approval. With regard to ordinances pertaining to appropriations; or resolutions for payments of money, the adoption of local development plans or public investment programs, or the creation of liabilities, the mayor may just veto particular items in it. Any veto action must be communicated with the Sangguniang Bayan within ten days otherwise the ordinance is considered approved.
® The Sangguniang Panlalawigan may declare an ordinance or portions of it invalid should it be found to be inconsistent with existing laws, or it goes beyond the authority the Sangguniang Bayan may actually exercise. But if no action is taken by the Sangguniang Panlalawigan within 30 days, it is presumed to be compliant and deemed valid.
® Ordinances Enacted by Local Government Units
® The basic LGU’s are the provinces, cities, municipalities and barangays. Each of these units have lawmaking powers to pass what is commonly called “ordinances” (to distinguish them from statutes enacted by Congress) which are usually of local interest.
® A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress.
® The Local Government Code of 1991 provides:
® SEC. 16. General Welfare. - 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 respective territorial jurisdictions, local government units 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.
® General Welfare Clause:
® Empowers LGU’s to enact and implement measures for the general well-being of their inhabitants. Its basis is the police power of the State as delegated to local government units.
® The powers of a LGU are not absolute.
® They are subject to limitations laid down by the Constitution and laws such as our Civil Code.
® The exercise of such powers should be subservient to paramount considerations of health and well-being of the community. Every local government has the sworn obligation to enact measures that will enhance the public health, safety and convenience, maintain peace and order, and promote the general prosperity of the inhabitants of local units. Based on this objective, the local government should refrain from acting towards that which prejudice or adversely affect the general welfare. (Makasiano vs Diokno, 212 SCRA 464)
® Examples of Ordinances:
® Manila Ordinance 7780 is entitled “AN ORDINANCE PROHIBITING AND PENALIZING THE PRINTING, PUBLICATION, SALE, DISTRIBUTION AND EXHIBITION OF OBSCENE AND PORNOGRAPHIC ACTS AND MATERIALS AND THE PRODUCTION, RENTAL, PUBLIC SHOWING AND VIEWING OF INDECENT AND IMMORAL MOVIES, TELEVISION SHOWS, MUSIC RECORDS, VIDEO AND VHS TAPES, LASER DISCS, THEATRICAL OR STAGE AND OTHER LIVE PERFORMANCES, EXCEPT THOSE REVIEWED BY THE MOVIE, TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB).”
® Ordinance 7780, was enacted by the City Council of Manila at its regular session on January 28, 1993, and was subsequently approved by Mayor Alfredo S. Lim on February 19, 1993.
® Ordinance No. 8027, enacted on November 20, 2001 by the Sangguniang Panlungsod of Manila and became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called "Pandacan Terminals" of the oil companies Caltex, Petron and Shell.
® Ordinance No. 7695. AN ORDINANCE PROHIBITING THE DISPOSAL OF GARBAGE, TRASH, RUBBISH AND REFUSE IN AN UNCOVERED OR UNSEALED CONTAINER, PROVIDING PENALTY FOR VIOLATION THEREON, AND FOR OTHER PURPOSES.
® ORDINANCE NO. 7824 MAYOR LIM (SMOKE BAN TO MINORS)
® AN ORDINANCE PROHIBITING MINORS FROM SMOKING CIGARETTES, CIGARS, AND OTHER TOBACCO PRODUCTS WITHIN THE CITY OF MANILA
® It shall be unlawful for any minor to smoke cigarettes, cigars and other tobacco products in any form whatsoever, whether or not they are in the company of their parents, guardians elders or relatives who are not otherwise covered by this provision.
® Violation of this provision, upon conviction shall be punished as follows:a) first conviction – violator shall render four (4) hours community services under the supervision of the Youth Development and Welfare Bureau; b) second conviction- eight (8) hours of rendering community services; c) third and subsequent conviction – a fine of not less than five hundred pesos (P 500.00), or community services of sixteen (16) hours or both.
® February 18, 1994 ORDINANCE NO. 7842 MAYOR LIM (CIGARETTE SALE BAN TO MINORS)
® AN ORDINANCE PROHIBITING THE SELLING OF CIGARETTES, AND CIGARETTES PARAPHERNALIA TO MINORS AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
® The sale transfer and/or conveying possession or ownership of cigarettes and cigarette paraphernalia to minors is prohibited.
® Violation of this provision shall be punished by a fine of two hundred pesos (P200.00) for the first offense; five hundred pesos (P500.00) for the second offense; one thousand pesos (P1,000.00) or imprisonment for six (6) months, or both for the third offense, at the discretion of the court.
® Quezon City Ordinance No. SP- 91, S- 93 otherwise known as the Quezon City Revenue Code, has for its main goal the provision of effective systems, procedures and practices in the issuance and renewal of business permits. It regulates the nature and/or operations of various business activities within Quezon City.
® The City Council of Makati has passed an ordinance that will eventually rid the city of ugly billboards. Ordinance 2004- A-028 mandates that starting February 22, the erection of billboards in Makati City will be restricted. In the meantime, no permits for any new billboards are being issued. The concept is that Makati will put out a master plan that will indicate where billboards can be put up, in what sizes these will be allowed and how they will be constructed. Then, not only will there be less danger of Makati billboards falling on vehicles and citizens in case of high winds and storms, the Makati skyline will also no longer look as crowded as it does now.