5. Local Legislation Questions: What are the tests of a valid ordinance? What are the tests of a valid ordinance? What are presumptions in local legislation?

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5. Local Legislation Questions: What are the tests of a valid ordinance? What are the tests of a valid ordinance? What are presumptions in local legislation? What are presumptions in local legislation? What is the delineation of authority between LCE and Vice-LCE? What is the delineation of authority between LCE and Vice-LCE? Can 3 readings be conducted in 1 day? Can 3 readings be conducted in 1 day? What is the Role of NGAs/ Courts in Local Legislation? What is the Role of NGAs/ Courts in Local Legislation? What is the effect if no prior sanggunian authorization on contracts? What is the effect if no prior sanggunian authorization on contracts?

5. Local Legislation Characterization Delegated Authority Delegated Authority Subordinate Legislation Subordinate Legislation Denominated Legislation Denominated Legislation Derivative Legislation Derivative LegislationPresumptions Presumed Valid and Constitutional (substance) Presumed Valid and Constitutional (substance) Sanggunian presumed to have acted with regularity (procedure) Sanggunian presumed to have acted with regularity (procedure)

5. Local Legislation Local Legislative Bodies Collegial Body (in a session; verbal concurrence) Collegial Body (in a session; verbal concurrence) Quorum (all elected and qualified) Quorum (all elected and qualified) Voting Requirement (Majority, exception) Voting Requirement (Majority, exception) Integrity of Procedure (parole evidence, oral testimony, burden of proof) Integrity of Procedure (parole evidence, oral testimony, burden of proof) 1 st day of Session (IRP; Other Matters) 1 st day of Session (IRP; Other Matters) Readings (1 day) Readings (1 day) No Coercive Powers No Coercive Powers Tax Ordinances: Notice and Public Hearing Tax Ordinances: Notice and Public Hearing On Contracts: Prior authorization (ratification) On Contracts: Prior authorization (ratification)

5. Local Legislation OrdinancesResolutions Equivalent to Law Expression of Sentiment or Opinion Public or Governmental Private or Proprietary More or Less Permanent Temporary GR: undergo 3 readings GR: undergo 2 readings All subject to Veto and Review Only Some subject to Veto and Review

5. Local Legislation Why Distinguish? Legality (expropriation; reclassification) Legality (expropriation; reclassification) Applicable Procedure (veto and review) Applicable Procedure (veto and review)

5. Local Legislation Tests of Valid Ordinance: Ordinances must NOT: contravene Constitution contravene Constitution be inconsistent with Statutes be inconsistent with Statutes discriminate discriminate be unreasonable be unreasonable be contrary to public policy be contrary to public policy prohibit trade prohibit trade [“void legislative act xxx” does “not confer any right nor vest any privilege to xxx”]

5. Local Legislation VetoReview Intra-LGUInter-LGU Local Chief Executive Higher Sanggunian Ultra Vires or Prejudicial to Public Welfare Ultra Vires Question of Law Province: 15 days City/ Municipality: days Reversal by Override Reversal by Judicial Action

5. Local Legislation Local Chief Executive Vice-Local Chief Executive/ Sanggunian Executive; Ministerial to Implement; Veto or Approve Legislative Enact, Amend or Repeal Appoint Employees of Executive Branch Appoint Employees of Sanggunian/ Office provided Appropriation of Sanggunian Approves Disbursement Vouchers, Payments, Sign Warrants, Purchase Orders for Operation of Executive Departments Approves Disbursement Vouchers, Payments, Sign Warrants, Purchase Orders for Operation of Sanggunian Appropriations: Veto; If Approved, release of Public Funds authorized Passage of Appropriations Ordinance Cockpits: Business Permit Enabling Ordinance: License

5. Local Legislation Role of NGAs: When there is a Law and only on Questions of Law (i.e. DOJ, DBM, not DENR, effect of inaction of DBM) Role of NGAs: When there is a Law and only on Questions of Law (i.e. DOJ, DBM, not DENR, effect of inaction of DBM) Role of Courts: Declare Invalid, Illegal and Unconstitutional (declaratory relief) Role of Courts: Declare Invalid, Illegal and Unconstitutional (declaratory relief) Contracts: Prior authorization (unenforceable; may be ratified – acquiescence and benefit e.g. recognition; specific and current appropriation) Contracts: Prior authorization (unenforceable; may be ratified – acquiescence and benefit e.g. recognition; specific and current appropriation)