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Section 55. Veto Power of the Local (a) Within three (3) days after approval,
Chief Executive. - the secretary to the sanggunian
panlungsod or sangguniang bayan
(a) The local chief executive may veto shall forward to the sangguniang
any ordinance of the sanggunian panlalawigan for review, copies of
panlalawigan, sangguniang approved ordinances and the
panlungsod, or sanggunian bayan on resolutions approving the local
the ground that it is ultra vires or development plans and public
prejudicial to the public welfare, investment programs formulated by
stating his reasons therefor in writing. the local development councils.
(b) The local chief executive, except the (b) Within thirty (30) days after the
punong barangay, shall have the receipt of copies of such ordinances
power to veto any particular item or and resolutions, the sangguniang
items of an appropriations ordinance, panlalawigan shall examine the
an ordinance or resolution adopting a documents or transmit them to the
local development plan and public provincial attorney, or if there be
investment program, or an ordinance none, to the provincial prosecutor for
directing the payment of money or prompt examination. The provincial
attorney or provincial prosecutor ordinances within thirty (30) days
shall, within a period of ten (10) days from receipt thereof, the same shall
from receipt of the documents, be deemed approved.
inform the sangguniang panlalawigan (c) If the sangguniang panlungsod or
in writing of his comments or sangguniang bayan, as the case may
recommendations, which may be be, finds the barangay ordinances
considered by the sangguniang inconsistent with law or city or
panlalawigan in making its decision. municipal ordinances, the sanggunian
(c) If the sangguniang panlalawigan finds concerned shall, within thirty (30)
that such an ordinance or resolution days from receipt thereof, return the
is beyond the power conferred upon same with its comments and
the sangguniang panlungsod or recommendations to the sangguniang
sangguniang bayan concerned, it shall barangay concerned for adjustment,
declare such ordinance or resolution amendment, or modification; in
invalid in whole or in part. The which case, the effectivity of the
sangguniang panlalawigan shall enter barangay ordinance is suspended
its action in the minutes and shall until such time as the revision called
advise the corresponding city or for is effected.
municipal authorities of the action it
has taken. Section 58. Enforcement of
(d) If no action has been taken by the Disapproved Ordinances or Resolutions. - Any
sangguniang panlalawigan within attempt to enforce any ordinance or any
thirty (30) days after submission of resolution approving the local development
such an ordinance or resolution, the plan and public investment program, after
same shall be presumed consistent the disapproval thereof, shall be sufficient
with law and therefore valid. ground for the suspension or dismissal of the
official or employee concerned.
Section 57. Review of Barangay
Ordinances by the Sangguniang Panlungsod Section 59. Effectivity of Ordinances
or Sangguniang Bayan. - or Resolutions. -
(a) Within ten (10) days after its (a) Unless otherwise stated in the
enactment, the sangguniang ordinance or the resolution approving
barangay shall furnish copies of all the local development plan and
barangay ordinances to the public investment program, the same
sangguniang panlungsod or shall take effect after ten (10) days
sangguniang bayan concerned for from the date a copy thereof is
review as to whether the ordinance is posted in a bulletin board at the
consistent with law and city or entrance of the provincial capitol or
municipal ordinances. city, municipal, or barangay hall, as
(b) If the sangguniang panlungsod or the case may be, and in at least two
sangguniang bayan, as the case may (2) other conspicuous places in the
be, fails to take action on barangay local government unit concerned.
(b) The secretary to the sanggunian published in any newspaper of
concerned shall cause the posting of general circulation.
an ordinance or resolution in the 4. Manner of Computing Time
bulletin board at the entrance of the Civil Code
provincial capitol and the city, Article 13. When the laws speak of
municipal, or barangay hall in at least years, months, days or nights, it shall be
two (2) conspicuous places in the understood that years are of three hundred
local government unit concerned not sixty-five days each; months, of thirty days;
later than five (5) days after approval days, of twenty-four hours; and nights, from
thereof. sunset to sunrise.
If months are designated by their
The text of the ordinance or
name, they shall be computed by the
resolution shall be disseminated and
number of days which they respectfully have.
posted in Filipino or English and in the
In computing a period, the first day
language understood by the majority
shall be excluded, and the last day included.
of the people in the local government
unit concerned, and the secretary to
Administrative Code
the sanggunian shall record such fact
in a book kept for the purpose, Book I
stating the dates of approval and Chapter 7
posting. Section 28. Pr etermission of Holiday. -
Where the day, or the last day, for doing any
(c) The gist of all ordinances with penal act required or permitted by law falls on a
sanctions shall be published in a regular holiday or special day, the act may be
newspaper of general circulation done on the next succeeding business day.
within the province where the local
legislative body concerned belongs. In Chapter 8
the absence of any newspaper of Section 31. Legal Periods. - "Year"
general circulation within the shall be understood to be twelve calendar
province, posting of such ordinances months; "month" of thirty days, unless it
shall be made in all municipalities and refers to a specific calendar month in which
cities of the province where the case it shall be computed according to the
sanggunian of origin is situated. number of days the specific month contains;
"day," to a day of twenty-four hours; and
(d) In the case of highly urbanized and
"night," from sunset to sunrise.
independent component cities, the
main features of the ordinance or
5. Effectivity of Laws Until Repealed
resolution duly enacted or adopted
Concept of Temporary Statutes
shall, in addition to being posted, be
1. Permanent/Indefinite
published once in a local newspaper
- Law (once established)
of general circulation within the city:
continues until changed by
Provided, That in the absence thereof
competent legislative power
the ordinance or resolution shall be
-
NOT changed by change of public hearings, it schedules
sovereignty the time thereof, issues public
- EXCEPT that of political notices and invites resource
nature persons from the public and
2. Temporary private sectors, the academe
- In force for limited period only and experts in the proposed
- Terminate upon expiration of legislation.
term stated or upon If the Committee finds
occurrence of certain events that no public hearing is
- NO REPEALING STATUTE needed, it schedules the bll
needed for Committee discussion/s.
b. Based on the result of the
6. How a Bill Becomes a Law public hearings or Committee
Legislative Process discussions, the Committee
1. Preparation of the Bill may introduce amendments,
- The Member or the Bill consolidate bills on the same
Drafting Division of the subject matter, or propose a
Reference and Research substitute bill. It then
Bureau prepares and drafts prepares the corresponding
the bill upon the Member’s committee report.
request c. The Committee approves the
2. First Reading Committee Report and
a. The bill is filed with the Bills formally transmits the same to
and Index Service and the the Plenary Affairs Bureau.
same is numbered and 4. Second Reading
reproduced a. The Committee Report →
b. Three (3) days after its filing, registered and numbered by:
the same is included in the Bills and Index Service
Order of Business for First - Included in the Order
Reading of Business
c. On First Reading, the - Referred to →
Secretary General reads the Committee on Rules
title and number of the bill. b. The Committee on Rules →
The Speaker refers the bill to schedules bill for
the appropriate Committee/s. consideration
3. Committee Consideration/Action c. Secretary General: reads
a. The Committee where number, title, text of bill and
the bill was referred to then:
evaluates it to determine the i. Period of Sponsorship
necessity of conducting public and Debate
hearings. If the Committee ii. Period of Amendments
finds it necessary to conduct iii. Voting by:
1. Viva voce - Settle, reconcile, thresh
2. Count by tellers out → differences OR
3. Division of disagreements on any
House provision
b. Conferees → NOT LIMITED to:
4. Nominal voting
reconciling differences in bill
5. Third Reading
BUT: may introduce new
a. - The amendments (if any) →
provisions germane to subject
engrossed
matter
- printed copies of the bill →
OR report out entirely NEW
reproduced for Third Reading
BILL
b. Engrossed bill is included in
c. Prepares report
Calendar of Bills for Third
- To be signed by ALL
Reading
CONFEREES and
- Copies of this are
CHAIRMAN
distributed to ALL
d. Submitted for
MEMBERS three (3)
consideration/approval of
days before Third
BOTH HOUSES
Reading
- NO AMENDMENT
c. Secretary General reads: ONLY
allowed
number and title of bill
d. - Roll call | nominal voting → 9. Transmittal of the Bill to the
called President
- member is given three (3) - Copies of bill → transmitted to
minutes to explain his vote → President
- NO AMENDMENT on the bill - Bill
ALLOWED - SIGNED by:
i. Bill is approved by: 1 Senate President
affirmative vote of 2 Speaker of HoR
majority of members - CERTIFIED by:
PRESENT 1 Secretary of Senate
ii. IF Bill: disapproved → 2 Secretary General of the
same is transmitted to House
Archives
10. Presidential Action on the Bill
6. Transmittal of the Approved Bill to a. Approved by President
the Senate - Assigned RA number
- The approved bill is transmitted - Transmitted to House
to the Senate for its concurrence. where it originated
b. Vetoed
7. Senate Action on Approved Bill of
- Bill WITH message citing
the House
reason for vetor →
- The bill undergoes the same
transmitted to House of
legislative process in the Senate.
origin
8. Conference Committee
a. Constituted && composed of 11. Action on Approved Bill
Members → from each House - Bill is reproduced
of Congress
- Copies sent to Official Gazette be filled within ninety (90) days from
Office for publication and the occurrence thereof.
distribution to implementing (2) All cases involving the
agencies constitutionality of a treaty,
- Included in annual compilation international or executive agreement,
of ACTS and RESOLUTIONS or law, which shall be heard by the
12. Action on Vetoed Bill Supreme Court en banc, and all other
- IF congress decides to override cases which under the Rules of Court
veto → HOUSE and SENATE are required to be heard en banc,
shall proceed separately to including those involving the
reconsider bill or vetoed items constitutionality, application, or
→ two-thirds (2/3) of Members operation of ordinances, and other
of each house = bill becomes regulations, shall be decided with the
law concurrence of a majority of the
Members who actually took part in
Batch 4 the deliberations on the issues in the
case and voted thereon.
E. Judicial Construction
(3) Cases or matters heard
1987 Constitution
by a division shall be decided or
Article VIII
resolved with the concurrence of a
Judicial Department majority of the Members who
actually took part in the deliberations
Section 1. The judicial power shall be on the issues in the case and voted
vested in one Supreme Court and in thereon, and in no case without the
such lower courts as may be concurrence of at least three (3) of
established by law. such Members. When the required
Judicial power includes the number is not obtained, the case shall
duty of the courts of justice to settle be decided en banc: Provided, that no
actual controversies involving rights doctrine or principle of law laid down
which are legally demandable and by the court in a decision rendered en
enforceable, and to determine banc or in division may be modified
whether or not there has been a or reversed except by the court
grave abuse of discretion amounting sitting en banc.
to lack or excess of jurisdiction on the
part of any branch or instrumentality
of the Government.