Local Legislation

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DILG Opinion No. 22, series 2009 – Authority of sangguniang to issue compulsory process of
subpoena
 Only in the exercise of quasi-judicial functions that sanggunian can compel appearance of
any person pursuant to its subpoena powers
 In the exercise of legislative power – sanggunian has no compulsory process to require
persons to appear before it (Negros Oriental II Electric Cooperative vs. Sangguniang
Panlungsod of Dumaguete City, 155 SCRA 421)
DILG Opinion No. 91, series of 2008)
 The Vice-Mayor cannot by himself defer the approval of certain measure already calendared
for approval in the business for the day. He cannot impose his sole will upon the
sangguniang bayan and overrule the decision of the majority of the members of the said
sangguinan.
 As the presiding officer, the Vice-Mayor’s authority is merely to preside over session of the
sangguinan in order to ensure orderly and harmonious conduct of the said sessions.
 However, it may happen that the decision of the Vice-Mayor is controlling. This takes place
only in case of a tie in the voting of the members of the sangguniang bayan.
DILG Opinion No. 69, series of 2009
 General Rule – all ordinances enjoy the presumption of regularity / validity UNLESS declared
otherwise by the proper court.
 If an ordinance had already been passed and approved in accordance with the procedural
requirements set by the Local Government Code of 1991 and, in fact, are being implemented
already, it therefore enjoys the presumption of validity and remain to be enforceable.
 What if the LCE believes that the ordinances suffer from legal infirmity, what is his remedy?
He must question it to the proper court and ask for a restraining order so that in the
meantime, he can be legally justified in not implementing the ordinance
DILG Opinion No.52, series of 2009
 Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of all
its member, be signed by the punong barangay
 The requirement on the part of the Punong Barangay to affix his signature is only a
ministerial one, meaning the Punong barangay cannot refuse in affixing his signature once
the majority of the members of the sangguniang barangay has already approved the
barangay budget. In the event that said Punong Barangay refuses to affix his signature, we
are of the view that the barangay budget as approved by the Sangguniang Barangay may
already be forward to the Sanguniang Panlungsod in accordance with Section 333 (a) of the
Local Government Code of 1991.
 Review of component city and municipal ordinances or resolution by the Sangguniang
panlalawigan Review of Barangay Ordinances by the sangguniang panlungsod or
Sangguniang Bayan Take note: Either way, the SP shall finish and submit its review within
30 days from receipt of the ordinance or resolution, otherwise, the ordinance or resolution
shall be presumed consistent with law and therefore valid. In the foregoing, the effectiviity of
the barangay ordinance is suspended until such time as the revision called for is effected If
no action has been taken by the sangguniang panlalawigan within 30 days after submission
– the same shall be presumed consistent with law and therefore valid If the sangguniang
panlungsod or sangguniang bayan fails to take action on barangay ordinances within 30
days from receipt thereof the same shall be deemed approved 30-day period has to be
reckoned from the receipt of ordinance or resolution 30 –day period has to be reckoned from
receipt of ordinance or resolution.
 Take note : Only 1 ground for declaring and ordinance or resolution invalid – when it is
beyond the powers conferred upon the sangguiang panlungosd or Sangguniang bayan to
enact. Absolutely no other ground is recognized by law (Moday v. CA, 268 SCRA 586,
February 1997)
 31. DILG Opinion No. 60, series of 2008 – Review Power of the Sangguniang Panlalawigan:
• The 30-day period within which the Sangguniang Panlalawigan shall review the ordinances
ore resolutions approved by either the Sangguniang Panlungsod or Sangguniang Bayan is
ABSLUTE and not interrupted by the intervening actions taken in between by the body such
as referrals to committee meetings, hearings, public hearings, period of debates,
amendments, etc. • Phrase “take action” on the part of the Sanggunian within the prescribed
period fixed by law should be construed as either approval or disapproval of the ordinance

• Referral to DILG – not interrupt the period
 32. Ordinance or resolution – effective and binding even pending review by the higher
Sanggunian (Section 57, LGC) • Review of an ordinance would involve validity and not
effectivity of an ordinance • Ordinance shall take effect as of the date the same is made
effective by the Sanggunian pursuant to Section 59, LGC. That would explain why under
Section 57, LGC, once it is disapproved by the Enforcement of disapproved ordinances or
resolutions – sufficient ground for suspension or dismissal of the official or employee
concerned (Section 58, LGC) Effectivity of ordinances or resolutions – unless otherwise
stated in the ordinance or the resolution approving the local development plan and public
investment program, the same shall take effect after 10 days from the data copy thereof is
posted in a bulletin board at the entrance of the provincial capitol and in at least 1 other
conspicuous places in the LGU concerned (Section 59, LGC) Who shall cause the posting?
Secretary to the sanggunian concerned not later than 5 days after approval thereof

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DILG Opinion No. 91, series of 2008)

DILG Opinion No. 69, series of 2009

DILG Opinion No.52, series of 2009

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