Barangay Legislation

and Parliamentary
Procedures
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I. Preliminaries
 Legislation Defined
AS A POWER – the authority of a local
legislative body to make rules in the form of
ordinances and resolutions of local application.

AS A PROCESS – the interaction of the local

legislative body with the Executive Branch, Civil
Society, NGOs and the Private Sector resulting in
ordinances and resolutions that promote the
development of the LGU.
 Importance of Barangay
Legislation
It is a vital tool for:

• Addressing problems of the barangay

• Promoting the general welfare and

development of the barangay

• Attaining the vision of the barangay

Local Legislative Power (Section 48,
LGC)

Shall be exercised by the Sangguniang

Barangay

Composition: Punong Barangay

7 Kagawads
SK Chairman
 Presiding Officer (Section 49, LGC)
-The Punong Barangay

 The Presiding Officer shall vote only to break

a tie
 Powers & Functions of the
Presiding Officer :

a) Preside over sessions of the Sangguniang

Barangay ;
b) Preserve order and decorum during sessions
c) Decide all questions of order, subject to
appeal by any member in accordance with
rules;
d. Sign all acts, resolutions, ordinances, writs
and warrants, issued by or upon orders of
the sanggunian;
e. Exercise such other powers and perform
such other functions as may provided by
law, ordinance or regulation.
 Sessions
(Section 52, LGC)

The minimum numbers of regular sessions shall

be twice a month.

Special sessions may be called. A written notice

shall be served personally at least 24 hours before.
Unless concurred in by 2/3 vote of the SB members
present, there being a quorum, no other matters
may be considered at a special session.
  Order of Business

 A basic requirement for the conduct of an

effective session is an agenda or what is
referred to in legislative bodies as the “Order
of Business”. It is simply the order in which
the sanggunian considers items of legislative
business.
SAMPLE ORDER OF BUSINESS

 Call to order

 Roll call

 Reading and approval of minutes

 Committee Report

 Calendar of Business
 Unfinished Business
 New Business
 Unassigned Business

 Other matters
 Announcements
 Treasurer’s Report

 Adjournment
 Quorum (Section 53, LGC)
 A majority of all the members of the SB who
have been elected and qualified shall
constitute a quorum
II. Internal Rules
of Procedure
 IRP Defined

A document containing a set of

procedural rules that govern the
orderly transaction of business and
defining the duties and responsibilities
of the officers during the conduct of
sessions.
  Internal Rules of Procedure
 (Section 50, LGC)

The IRP shall provide for the following:

 The order and calendar of business for each
session
 The parliamentary procedures which include
the conduct of members during sessions
 Guiding Principles in
Implementing an IRP
• Courtesy and justice
• One topic at a time
• Majority rule
• Minority has a right to be heard
• Fairness to all and partiality to none
(Model Barangay IRP)
 III. The Basic
Legislative Issuances
 Ordinance VS Resolution

Ordinance – a legislative act of the

Sanggunian on matters involving
degrees of permanence. Has the
force and effect of a law of a
permanent and general character.
 Ordinance VS Resolution

Resolution – refers to matters

which are temporary in nature, limited
in scope and implementable for a
limited period of time and involves
ministerial, private concerns. Refers
either to requests or expression of
legislative sentiments.
 Essential Parts of an Ordinance
Heading or Logo /Authorship/Assigned Number
Title
Describes the ordinance’s main thrust
Enacting Clause
Indicates the authority of the ordinance
Body
Carries out the ordinance’s principal objective
Penal Clause
Defines the penalty imposable
Effectivity Clause
Specifies when and how the ordinance is to take effect
Concluding Portion
 Republic of the Philippines
Province of Eastern Samar
Municipality of ___________
Barangay______________
 
OFFICE OF THE SANGGUNIANG BARANGAY
 
Introduced by: Kagawad____________________
 
ORDINANCE NO._____
Series of 20_____
 
AN ORDINANCE PROHIBITING THE USE OF BARANGAY
ROADS AND PARKS FOR THE DRYING OF PALAY, COPRA,
AND OTHER SIMILAR MATERIALS
 
BE IT ORDAINED by the Sangguniang Barangay of
_______________ that:
 
SECTION 1. No person shall use any portion of
the public highway or any public road or park
within the territorial jurisdiction of this
barangay, for the drying of palay, copra, corn
or any other cereal, or for the drying of clothes
or any commodity, or for any other similar
purposes.
 
SECTION 2. Any person who violates this
Ordinance shall, upon conviction, be punished
by a fine of not less than Two Hundred Pesos
(P200.00).
 
SECTION 3. This Ordinance shall take effect immediately.
 
APPROVED:_______________, 20____
 
CERTIFIED CORRECT:
 
__________________
Presiding Officer
 
ATTESTED: APPROVED:
 
________________ __________________
Barangay Secretary Punong Barangay
 Requisites of a valid ordinance:
Must not contravene the constitution

Must not be unfair or oppressive

Must not be partial or discriminatory

Must not prohibit but may regulate trade

Must be general and consistent with public policy

Must not be unreasonable

 Essential Parts of a Resolution

Heading or Logo Whereas Clauses

Authorship Main Resolutory Portion

Assigned Number Secondary Resolutory Portion

Title Concluding Portion

 Republic of the Philippines
Province of Eastern Samar
Municipality of ___________
Barangay______________
 
OFFICE OF THE SANGGUNIANG BARANGAY
 
RESOLUTION NO.____
Series of 20___
 
CONGRATULATING MR./MS._______________ AND EXPRESSING
THE APPRECIATION OFTHESANGGUNIANG BARANGAY ON HIS
HAVING BROUGHT HONOR AND PRESTIGE TO HIS NATIVE
BARANGAY BY WINNING A GOLD MEDAL IN THE RECENTLY
CONCLUDED OLYMPIC GAMES
 
WHEREAS, Mr. ___________, a native of this barangay, won a gold
medal in the bantam weightboxing division of the Olympic Games held in
Beijing, China;
 
WHEREAS, this accomplishment of Mr.___ has
earned for himself respect and admiration of
the international community, and for his
barangay, municipality, province and country,
a place of distinct honor and glory;
 
NOW THEREFORE;

 
BE IT RESOLVED by the Sangguniang
Barangay, to congratulate and express, as it
hereby congratulates and expresses its
appreciation of having won the gold medal in
the bantam weight boxing division in the 2010
Olympic Games which has brought honor and
distinction not only to the Filipino people and
nation but to his native Barangay of
__________.
 
 RESOLVED FURTHER, that a Special
Committee headed by Kagawad ________be
authorized to furnish Mr.________copies of
this Resolution for an in behalf of the
barangay.

ADOPTED this _____day of __________.

 

 
  CERTIFIED CORRECT:
 ____________________
Presiding Officer

ATTESTED:
 _________________
Barangay Secretary
APPROVED:
  __________________
Punong Barangay
 
 Some tips in writing ordinances
and resolutions

• Make title short

• Provide definitions
• Use the same words to denote same things
• Omit needless words
• Avoid excess use of commas
• Avoid long sentences
• Use clear style
• Use gender-neutral language
IV. The Legislative
Process at a Glance
 LINKAGES with City/Municipal
Ordinances
(Section 57, LGC)
(a) Within ten (10) days after its enactment,
the SB shall furnish copies of all barangay
ordinances to the sangguniang bayan for review

(b) If the sangguniang bayan fails to take action

on barangay ordinances within thirty (30) days
from receipt thereof, the same shall be deemed
approved
 Important Legislative Documents
in the Barangay:
1) Record of Resolutions passed
2) Record of Ordinances enacted
3) Minutes of Sessions
4) Internal Rules of Procedures
5) List of Sangguniang Barangay Members
(displayed)
6) List of Chairman & Members of Standing or
Adhoc Committees (displayed)
V. Parliamentary
Procedures
 Parliamentary Procedures
Defined

A set of rules and precedents

governing formal proceedings of a
deliberative body or assembly.

Aims to ensure smooth conduct of

deliberations.
 Qualities of a Good Presiding Officer
• Able to implement the IRP
• Able to use basic Parliamentary Procedures
• Able to provide leadership during sessions
and guide members to decision-making
• Able to steer members to engage in
productive discussion/debate
• Able to exercise objectivity, fairness and
justice
 Rules on Decorum
• Formal reference to the Presiding Officer
• Formal reference to another member
• Relevance of statements to issue
• Speaking against own motion is
not allowed
• Observance of time limit
• Civility in the conduct of members
Motions – is a formal proposal submitted by a
member for consideration of the body

Rules in Handling and Disposition of Motions:

1) Obtaining the Floor
2) Recognition by the Chair
3) Presentation of Motion
4) Seconding of Motion
5) Statement of the Motion by the Chair
6) Discussion or consideration of the Motion
7) Voting on the Motion
8) Announcement of Vote
 
Thank you!