Sangguniang Bayan

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.

Composition:

Presiding officer

The municipal vice mayor serves as the presiding officer of the Sagguniang Bayan, who has no voting privilege except in cases to break a deadlock. In the absence of the vice mayor, a temporary presiding officer is elected by the Sangguniang Bayan members present at the session.

Members

All municipalities in the Philippines, with the exception of Pateros in Metro Manila, have eight regular Sangguniang Bayan members elected at-large. In the case of Pateros, its Sangguniang Bayan is composed of twelve regular members, wherein six are elected from each of the two districts Pateros is divided into.

There are also two ex-officio members — the municipal chapter presidents of the Liga ng mga Barangay and Pederesyon ng Sangguniang Kabataan.

The addition of three sectoral representatives representing women, laborers, and any of the urban poor, indigenous cultural communities, disabled persons or other sector that maybe identified by the Sangguniang Bayan still has to be implemented.

Term, Qualification and Election

Regular members of the Sangguniang Bayan must at least be 18 years old on election day. They are elected for a three-year term and may serve up to three consecutive terms. Elections are held simultaneously with the general elections held every three years since 1992. The term begins at noon of June 30 following election day, and ends at noon of June 30 of the third year.

Similar to other local officials in the Philippines, recall elections may be initiated by at least 25 percent of registered voters in the municipality against any regular Sangguniang Bayan member should they lose confindence with any of them.

Vacancy

A permanent vacancy among the regular Sagguniang Bayan members is filled-in by an appointment of the governor of the province the muncipality is a part of. However, such authority to appoint is restricted only to the nominee of the political party to which the member who caused the vacancy belongs; should the member be politically unaffiliated, the Sangguniang Bayan then nominates a qualified individual to fill in the vacant position. Appointees are also limited to serve only the unexpired term.

In the case of vacancies in among ex-officio members the next ranking official of the Liga ng mga Barangay or Pederasyon ng Sangguniang Kabataan assumes the vacancy.

Legislation

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 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, provincial ordinances 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. WIKIPEDIA

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