QUORUM
- To transact official business Several administrative case: cannot be preventively suspended for
- Question of quorum: call the roll of the members
No quorum: presiding officer may declare recess until such time as
a quorum is constituted
Or a majority of the members present may adjourn from day to day
and may compel the immediate attendance of any member absent
without justifiable cause by designating a member of the sanggunian,
to be assisted by a member/s of the police force assigned in the
territorial jurisdiction of the lgu concerned, to arrest the absent
member and present him at the session.
If there is still no quorum despite the enforcement of the immediately
preceding section, no business shall be transacted. The presiding
officer, upon proper motion duly approved by the member present,
shall then declare the session adjourned for lack of quorum
How determined: normally, a quorum is determined by simply
dividing the number of the members into two and adding one to the
dividend. Simply put, there is quorum if one-half of the members plus
one are present at a Sanggunian session. (50% + 1)
Arrest not for the purpose of jailing thr absent member but to
compel their attendance at the session.
ORDINANCE:
Approval:
- Present to governor or mayor – sign each and every page.
Or veto and return with objections and reasons
Veto: override 2/3 of the members
- 10 days: cities 15: province
Effectivity:
Shall take effect after 10 days from: posting sa bulletin board or
entrance of hall or 2 other conspicuous place
Secretary shall cause the posting: not later than 5 days after
approval
Filipino or English or any dialect understood by majority na tao don
With penal sanction: published newspaper of general circulation
PREVENTIVE SUSPENSION:
1. President: elective official of province, highly urbanized or
independent component city
2. Governor: elective official of a component city or
municipality
3. Mayor: elective official of the barangay
Imposed at any time after the issues are joined, when evidence of
guilt is strong and given the gravity of the offense, there is a great
probability that the continuance of the office of the respondent could
influence the witnesses or pose a threat to the safety and integrity of
the records and other evidence,
Shall not extend beyond 60 days
more than 90 days with a single year on the same ground/s existing
and known at the time of the first suspension
Upon expiration: deemed reinstated without prejudice to the
continuation of the proceeding against him, which shall be terminated
within 120 days from formal notification
Qualified political agency
- cabinet may act for and in behalf of the president in certain
matters because the president cannot be expected to
exercise his control and supervisory powers personally and
all at the same time. He may therefore delegate some of
his power
- s to his cabinet members except when he is required by
the constitution or law to act in person
Grounds under the code: Preventive
1. There is a reasonable ground to believe that the
respondent has committed the act/s complained
2. The evidence of culpability is strong
3. The gravity of the offence so warrants
4. Continuance in the office of the respondent could influence
the witnesses or pose a threat to the safety and integrity of
the records and other evidence.
Under ombudsman act:
1. Evidence of guilt should be strong
2. Charge against the officer or employee should involve
dishonesty, oppression or grave misconduct or neglect in
the performance of duty
3. Charges should warrant removal from the service
4. Respondents continued stay in the office would prejudice
the case filed against him.
PRESIDING OFFICER
a. Vice governor – s. panlalawigan
b. City vice mayor – s. panglunsod
c. Municipal vice mayor- s. bayan
d. Punong barangay – s. barangay
 Will vote only to break a tie
- Inability: members present and constituting a quorum shall
elect from among themselves temporary presiding officer.
He shall certify with 10 days from the passage of the
ordinances enacted and resolution adopted by the
sanggunian in the session over which he temporarily
presided.
4 BOARDS:
1. SCHOOL BOARD
- Have been created for every province, city and
municipality. School boards do not have a personality
separate and distinct from LGU, which is evident from the
provisions of the code that designates the highest ranking
official of the LGU as co-chairman of the school board and
 provides for no compensation or allowance for the other
government officials serving in the board.
Functions: aside from determining the annual school board budget
in accordance with the criteria of the DEP-ED, and based upon their
share of the Special Education Fund and other sources of revenue
available to them the school boarsds:
a. Serve as an advisory committee to the sanggunian
concerned on education matters
b. Recommend changes in the names of public schools within
the territorial jurisdiction of the local government unit
concerned
c. Advise the decs on the appointment of division
superintendents, district supervisors, school principals and
other school official
LOCAL TAXATION
- The power of the LGUs to create their own sources of
revenue and to levy taxes, fees and charges does not rest
upon the LGC alone. It is in fact based upon Section 5 of
Article X of the Constitution which states that: “each local
government unit shall have the power to create its own
sources of revenue and to levy taxes, fees, and charges
subject to the guidelines and limitations as the Congress
may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.”
- Justice Marshall (US) the power of taxation involves the
power to destroy
- Justice Holmes: the power to tax is not the power to
destroy while this Court sits.”

2. LOCAL HEALTH BOARD

- The code provides for the creation of a local health board  Sanggunian: local taxing authority. Through passage of
for every province, city and municipality. It has five appropriate ordinance
members including the governor or the mayor concerned,
who shall be the chair and the provincial, city or municipal
health officer concerned who shall be the vice chair.
Duties:

a. Proposing the annual budget for the LGU for the operation
and maintenance of its health facilities and services in
accordance with the standards of DOH
b. Advising on health as a committee
c. Advising local health agencies on health personnel
selection and promotion and other matters related to basic
health delivery services

3. LOCAL DEVELOPMENT COUNCIL

- Its primary duty is to initiate a comprehensive multisectoral
development plan for the LGU concerned, which is
submitted to the proper sanggunian for its approval.
- By initiating the development plan for the LGU, the local
development council sets the direction of economic and
social development and coordinates development efforts
within the said LGU.

4. LOCAL PEACE AND ORDER COUNCIL

- It is established in pursuant to EO 309
Functions:

a. Formulate plans and recommend such measures to

improve or enhance the peace and order and public safety
in the areas
b. Monitor the implementation of peace and order programs
and projects at their areas, and the operation of Civilian
Volunteer Self-Defense Organization
c. Make periodic assessments of the prevailing peace and
order situation in their respective areas and submit a report
thereon with recommendations to chair of the national
peace and order council
d. Perform all other functions assigned by law to the peace
and order council