The Rule on ‘Liability of LGUs’ for Torts and Contracts
March 22, 2026The Rule on ‘Review of Ordinances’ by the Provincial Board
March 22, 2026| SUBJECT: The Concept of ‘Local Legislative Power’ and the Sanggunian |
I. Introduction
This memorandum provides an exhaustive analysis of the concept of local legislative power in the Philippines, focusing on its constitutional and statutory foundations, its scope and limitations, and its primary institutional vehicle: the Sanggunian. The 1987 Constitution enshrined the principle of local autonomy, mandating Congress to enact a Local Government Code (LGC) that would provide for a more responsive and accountable local government structure. This devolution of power created a distinct sphere of authority for local legislative bodies. The analysis will trace the source of this power, its substantive and procedural dimensions, the specific powers of the Sanggunian, and the legal doctrines that govern its exercise.
II. Constitutional Foundations of Local Legislative Power
The 1987 Constitution is the supreme source of local legislative power. Key provisions include:
Article II, Section 25: Declares that the State shall ensure the autonomy of local governments*.
Article X: The entire article is dedicated to Local Government. Section 3 mandates Congress to enact a Local Government Code which shall provide for, among others, “the powers, functions, and duties of local elective officials.” Section 4 establishes the general supervisory power of the President over local government units (LGUs), exercised through the Department of the Interior and Local Government (DILG). Section 5 guarantees each LGU the power to create its own sources of revenue and to levy taxes, fees, and charges*, subject to guidelines set by Congress.
These provisions collectively establish a constitutional policy of decentralization, granting LGUs genuine and meaningful authority to govern their own affairs, which includes the grant of legislative power to their respective councils.
III. Statutory Framework: The Local Government Code of 1991 (Republic Act No. 7160)
The Local Government Code (LGC) is the operative law that effectuates the constitutional mandate. It is the primary statute defining and granting local legislative power. The LGC provides the organic structure for provinces, cities, municipalities, and barangays, and explicitly enumerates the powers, attributes, rights, and obligations of LGUs. Title Two, Book I of the LGC is particularly crucial, as it outlines the general powers and attributes of local government units, including the grant of corporate powers, the power to generate and apply resources, and the power to levy taxes, fees, and charges. The specific legislative powers of the Sanggunian are detailed in the provisions pertaining to each level of LGU.
IV. The Sanggunian as the Local Legislative Body
The Sanggunian is the law-making body of the LGU. Its composition varies per level:
Sangguniang Panlalawigan* (Provincial Board)
Sangguniang Panlungsod* (City Council)
Sangguniang Bayan* (Municipal Council)
Sangguniang Barangay* (Barangay Council)
Members are either elected by district or sector, with the Local Chief Executive (LCE) – the Governor, City/Municipal Mayor – serving as the presiding officer for the Sangguniang Panlalawigan, Panlungsod, and Bayan (with voting rights only to break a tie). The Sanggunian exercises its power primarily through the enactment of ordinances (for local laws of general and permanent application) and the issuance of resolutions (for matters of temporary character or expressing sentiment).
V. Scope and Sources of Local Legislative Power
The local legislative power of the Sanggunian is not inherent but is delegated by the national government through the Constitution and statutes. Its scope is defined by the following sources:
The totality of these powers is exercised within the LGU’s territorial jurisdiction and over matters of local concern. The fundamental principle is that the Sanggunian cannot contravene national law; its ordinances must always be in harmony with the Constitution, statutes, and applicable administrative regulations.
VI. Key Legislative Powers of the Sanggunian
Under the LGC, the Sanggunian exercises the following core legislative powers, among others:
Appropriation Power: Enacts the annual budget through an appropriation ordinance*.
Taxation and Revenue Generation: Enacts tax ordinances levying taxes, fees, and charges* within the limits set by the LGC.
Police Power: Enacts ordinances for the general welfare of its inhabitants, covering public health, safety, morals, peace, order, and the enhancement of economic prosperity (Section 16, LGC, known as the General Welfare Clause*). This is the most pervasive basis for local legislation.
Local Development Planning: Adopts comprehensive land use plans and zoning ordinances*.
Legislative Oversight: Conducts question hours*, confirms appointments of the LCE, and reviews the performance of the LGU.
Franchising and Licensing: Grants franchises, permits, and licenses* for local businesses and activities.
VII. Limitations on Local Legislative Power
The local legislative power is not absolute. It is subject to significant limitations to ensure national supremacy and coherence. The table below provides a comparative overview of key limitations.
| Limiting Principle | Constitutional Basis | Statutory/Doctrinal Basis | Effect on Sanggunian Ordinance |
|---|---|---|---|
| Ultra Vires Acts | Article X (National Supremacy) | Doctrine of Ultra Vires; LGC Sec. 5 (Powers of LGUs) | An ordinance enacted beyond the powers expressly or impliedly granted is void ab initio. |
| Preemption by National Law | Article VI (Legislative Power of Congress) | Doctrine of Preemption | Where Congress has intended to occupy a field entirely, local legislation on the subject is prohibited. |
| Contravention of Statute | Article X, Sec. 4 (Presidential Supervision) | LGC Sec. 5(c): “No tax, fee, or charge shall be imposed without an ordinance.” But it must not contravene law. | An ordinance that conflicts with a statute is invalid. The test is whether it is consistent or contradictory. |
| Violation of the Constitution | Article VIII, Sec. 5(2)(a) (Judicial Power) | Due process clause, equal protection clause, etc. | An ordinance violating constitutional rights is unconstitutional and void. |
| Unreasonableness | Not explicit, but underlies police power | Doctrine of Equality in Burden; must be for public purpose | An ordinance that is oppressive, discriminatory, or arbitrary can be struck down as an invalid exercise of police power. |
| Delegation of Legislative Power | Article VI, Sec. 1 (Non-delegation) | Potestas delegata non delegari potest | A Sanggunian cannot further delegate its core legislative power to the LCE or an administrator, though it may delegate rule-making/implementation authority. |
VIII. The Doctrine of Deference and the General Welfare Clause
Section 16 of the LGC (the General Welfare Clause) is a plenary grant of police power to the Sanggunian. Courts generally adopt a policy of deference or presumption of validity in favor of ordinances enacted under this clause. The judicial approach is that the Sanggunian, being elected and closest to the constituents, is in the best position to determine local needs. An ordinance will only be invalidated if it is clearly oppressive, confiscatory, discriminatory, or bears no substantial relation to the public health, safety, morals, or general welfare. The burden of proving invalidity rests on the party challenging the ordinance.
IX. Judicial Review of Sanggunian Actions
The validity of ordinances and resolutions is subject to judicial review by regular courts. Petitions for declaratory relief or for prohibition and mandamus may be filed to challenge local legislative acts. The Supreme Court, under its expanded judicial power, has the duty to determine whether any branch or instrumentality of the government, including the Sanggunian, has acted with grave abuse of discretion amounting to lack or excess of jurisdiction. Furthermore, the Department of Justice (DOJ), through the Chief Legal Officer of the LGU or upon complaint, reviews the constitutionality or legality of tax ordinances and revenue measures before their effectivity (Section 187, LGC).
X. Conclusion
The concept of local legislative power is a cornerstone of Philippine decentralization and local autonomy. It is a delegated power, sourced from the Constitution and fleshed out by the Local Government Code of 1991. The Sanggunian serves as the vital institution through which this power is exercised, primarily via ordinances enacted for the general welfare. While its authority is broad, particularly under the General Welfare Clause, it is circumscribed by the principles of national supremacy, conformity to higher law, and respect for constitutional rights. The dynamic between the Sanggunian‘s innovative local governance and the limitations ensuring national coherence defines the ongoing evolution of Philippine political law at the local level. The judiciary plays a critical role in maintaining this balance through a deferential yet vigilant exercise of judicial review.