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The Sangguniang Bayan () is the local legislative branch of the municipal governments in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
. It is responsible for passing ordinances and resolutions for the administration of a municipality. Its powers are defined by the
Local Government Code Codification of laws is a common practice in the Philippines. Many general areas of substantive law, such as criminal law, civil law and labor law are governed by legal codes. Tradition of codification Codification is predominant in cou ...
, passed by Congress in 1991. The Sangguniang Bayan is a form of the
mayor–council government The mayor–council government system is a system of local government that has a mayor who is directly elected by the voters serve as chief executive, and a separately elected legislative city council. It is one of the two most common forms of l ...
, via the "strong mayor" variant.


Composition


Presiding officer

The municipal vice mayor is the ''ex officio'' presiding officer of the Sangguniang Bayan, although he 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 councilors present at the session.


Members

All municipalities in the Philippines, with the exception of
Pateros Pateros, officially the Municipality of Pateros ( tgl, Bayan ng Pateros), is the lone municipality of Metro Manila, Philippines. According to the 2020 census, it has a population of 63,643 people. This municipality is famous for its duck-rai ...
in
Metro Manila Metropolitan Manila (often shortened as Metro Manila; fil, Kalakhang Maynila), officially the National Capital Region (NCR; fil, link=no, Pambansang Punong Rehiyon), is the capital region, seat of government and one of three List of metrop ...
, have eight regular members or councilors elected at-large. In the case of Pateros, its Sangguniang Bayan is composed of twelve elected councilors, wherein six are elected from each of the two districts Pateros is divided into. There are also two ''ex officio'' councilors – the municipal chapter presidents of the
Liga ng mga Barangay The Liga ng mga Barangay sa Pilipinas (League of Barangays in the Philippines) and the Asosasyon ng mga Kapitan ng Barangay (Association of Barangay Captains) or ABC are formal organizations of all the barangays in the Philippines. Presently, al ...
and the Pederasyon ng Sangguniang Kabataan and some municipalities have a reserved seat for the ''IP Representative'' which is pursuant to the Republic Act 8371, or the Indigenous Peoples (IP) Rights Act of 1997, that calls for the mandatory representation of IPs and it is formally certified by the concerned NCIP regional director, upon recommendation of the provincial or community service center head and shall serve for a period of three years from the date of assumption to office and can be re-endorsed for another term. Members may not serve for more than three consecutive terms. The Local Government Code provides for an additional three sectoral representatives representing: women, laborers, and any of the urban poor, indigenous cultural communities, disabled persons or another sector that may be identified by the Sangguniang Bayan; however, this provision still has to be implemented.Local Sectoral Representation: A Legal Analysis
''Accessed on November 26, 2009.''


Term, qualification and election

Elected or regular members of the Sangguniang Bayan must at least be 18 years old on election day; the
first-past-the-post In a first-past-the-post electoral system (FPTP or FPP), formally called single-member plurality voting (SMP) when used in single-member districts or informally choose-one voting in contrast to ranked voting, or score voting, voters cast the ...
voting system is used to elect these members. 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. For the ''ex officio'' members, the term starts after their election of the municipal chapter of the organization (Sangguniang Kabataan or Liga ng mga Barangay), and ends on when their term as officer ends; barangay elections have been held irregularly, but are usually held every three years. For the IP representative, the term starts after their election, and ends three years thereafter. Members cannot be elected for three consecutive terms. 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 confidence with any of them.


Vacancy

A permanent vacancy among the regular Sagguniang Bayan members is filled in by an appointment of the
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
of the province the municipality 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 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 Ordinance may refer to: Law * Ordinance (Belgium), a law adopted by the Brussels Parliament or the Common Community Commission * Ordinance (India), a temporary law promulgated by the President of India on recommendation of the Union Cabinet * ...
passed by the Sangguniang Bayan is sent to the municipal mayor for approval. Once approved, it is transmitted to the
Sangguniang Panlalawigan Sangguniang Panlalawigan (abbreviated as SP; ), commonly known as the Provincial Board, are the legislatures in Philippine provinces. They are the legislative branches of the provinces, and their powers and responsibilities are defined by the Loc ...
of the
province A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions out ...
to which the municipality belongs, for compliance review. Since Pateros is not part of any province, any ordinance or measure it adopts is not subjected to any Sangguniang Panlalawigan review. On the other hand, when the mayor
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
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 the 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 Panlalawigans may declare an ordinance or portions of it invalid should it be found to be inconsistent with existing laws, 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, and thus takes effect within the concerned town.


See also

*
Municipalities of the Philippines A municipality ( tl, bayan/munisipalidad; hil, banwa; ceb, lungsod/munisipalidad/munisipyo; pag, baley; pam, balen/balayan; bcl, banwaan; war, bungto/munisipyo; ilo, ili) is a local government unit (LGU) in the Philippines. It is disti ...


References


External links


The Local Government Code of the Philippines
{{Legislatures of the Philippines Local government in the Philippines Legislatures of the Philippines Tagalog words and phrases