In the Philippine local government system, legislative structures called "sanggunians" exemplify adherence to the democratization of the popular will as well as institutional advocacy to the rule of law. The sanggunian stands at the center of local governance and through it, flows the authority of the governed, thereby empowering the local legislative body to be able to act decisively in the furtherance of social ordering and human development objectives.
It is well recognized that how the sanggunian exercises its power and optimizes its legislative competence is an indication of its role both in regard to local executive organs and to the various public and private sector instrumentalities in the external environment.
Sensitivity to issues and interests in the realm of law-making presumes internalization of the imperatives of legislation – not in form, or procedural nitpicking but in substance or content. Over the years, effective legislation has been increasingly recognized to mean effective matching between aggregated universalistic interests and legislative measures. Among experts, quality legislation is more likely to be achieved in a condition where policy making competencies of the sanggunian, collectively and individually, are sufficiently addressed. (Local Legislators Toolbox, Introduction, p.1)
Local legislation refers to the rule-making function of a local government unit exercised in furtherance of the socio-cultural, economic and political development needs and aspirations of the inhabitants within its territorial jurisdiction. Local legislation is the power of the sanggunian to enact rules or regulations which may be embodied in the form of an ordinance or a resolution of local application and having the force and effect of law.
Local legislation is said to be effective only to the extent that it addresses the needs, problems and aspirations of the people. Effectiveness can only be achieved when the people willingly comply with the mandates of legislative enactments and that compliance will be more productive and meaningful when the people themselves provide the substance and participate in the process of legislation.
More than a mere procedural act or the demands of legislative formality, legislation is concerned foremost with substance, its supreme objective being the general welfare and the development of society and its people.
It is interesting to note that Section 16 of the Code expanded the notion of general welfare, to mean:
• Preservation and enrichment of culture;
• Promotion of health and safety;
• Enhancement of the right of the people to a balanced ecology;
• Encouragement of, and support to, the development of appropriate and self-reliant and technological capabilities;
• Improvement of public morals;
• Enhancement of economic prosperity and social justice;
• Promotion of full employment among the residents;
• Maintenance of peace and order; and preservation of the comfort and convenience of the inhabitants.
Legislation requires not only the skills of a parliamentarian but also sensitivity to the problems and issues raised by the people and their legislative implications. Necessarily, the preconditions to effective local legislation include the following:
• A sanggunian that is composed of responsive and accountable legislators;
• To be responsive means that sanggunian members, collectively or individually posses the ability to represent a wide variety of interests in most cases, conflicting and extremely diverse. On the other hand, to be accountable means being capable of exercising legislative functions and powers not only for the public interest but must also ever be vigilant of the ethical and moral implications of their acts.
• An adequate consultation mechanism to facilitate the full exercise of the right of the people to influence the directions of development policies that eventually affect their lives and destinies;
• A competent technical staff or committee equipped with experiences and adequate knowledge on the art of local legislation with emphasis on the identification, articulation and aggregation of people’s needs and aspirations into effective public policies with least costs and losses; and
• A management information system wherein the necessary data on the profile of the local government unit and its people, and existing laws are readily available as well as codified ordinances and resolutions, including a workable legislative library to facilitate the workings of the sanggunian. (Local Legislators Toolbox, The Concept of Effective Local Legislation, p.101-102)
• Effective local governance depends to a large extent on legislation. Local legislation performs important and substantive roles to attain its objective, which is the development of society and its people. The optimal performance of these roles are expected of the sanggunian in shaping its legislative enactments.
• Legislation as a tool for societal ordering
• In essence, legislation sets the whole body of the community in consonance with established policies and regulations. No society can exist without some form of control over the conduct of its members. Enactment of laws, rules and ordinances not only promote the preservation of the people’s lives but, more importantly, of survival and sustained development.
• Legislation as the exercise of government power
• Legislation is considered an essential and exclusive power of government, and is often lodged in an independent legislature, co-equal with the executive and judicial branches. The sovereign expect that their government will act wisely, that they will make good public policy, so much so that the acts of the legislature are presumed to be the voice of the people and, therefore, the direct by-product of the political will.
• Legislation as an instrument of public governance
• The law, whether the Constitution, a statute, or a local ordinance, provides for the manner in which local public policies are to be formulated and implemented, the ultimate objective of which is to promote the general welfare of communities.
• Legislation as a medium to educate the people
• Legislation provides the means by which the people are made aware of what are expected of their respective local government units in terms of basic services due them, and at the same time, inculcating on the constituents how best they can participate in local governance. Through legislation, corrective policies can be enacted to supplement an inadequate educational base.
• Legislation as a mechanism for development initiatives
• As communities expand in population and resources, established laws, rules and regulations are no longer adequate to provide the needed guidance. Government takes on the job of legislation and thereby infuses into the system, creative legislative actions to meet the demands of changing conditions.
• Legislation as an avenue for people empowerment.
Central to the concerns of legislation is development with a human face. Extensive preparatory base, i.e. access to socio-economic opportunities, sufficient knowledge of people’s rights and obligations, are necessary before individuals or communities can be empowered on what to do to improve their lot. (Local Legislators Toolbox, The Role of Legislation in Local Governance, pp. 103-104)
The powers and duties of the sangguniang panlalawigan are generally carried out through ordinances and resolutions, which it may promulgate from time to time. The sanggunian may legislate on any subject, not inconsistent with existing laws, for application among the component cities and municipalities of the province. (Orendain, Philippine Local Government Code Annotated 1983 edition, p. 472) (to be continued next issue). . . mailto:madyaas_pen@yahoo.com
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