MEMORANDUM

FOR

:
Provincial Administrator

FROM

:
Provincial Attorney

SUBJECT

DATE

RECOMMENDATION
AND
COMMENTARY
ON
THE
ACCUSTOMED PROCEDURE OF THE SANGGUNIANG
PANLALAWIGAN RELATIVE TO THE APPROVAL AND/OR
CONFIRMATION OF A PROVINCIAL ORDINANCE THROUGH
THE ENACTMENT OF A RESOLUTION

The Local Government Code of 1991 (RA 7160) provides for the local legislative power
of the Sangguniang Panlalawigan (SP) wherein, as a collegial and collective body, it is
also divested with the authority to enact appropriate legislation for the general welfare of
their jurisdiction and its inhabitants, subject to the process as required by law.
Undersigned took notice of the fact that the present and prevalent procedure of the SP
is to pass a provincial ordinance together or accompanied with the enactment of a
resolution approving and/or confirming the same which is deemed to be unnecessary
and repetitive. As the law is evident and unambiguous on this regard, the provision of
the Code merely intends such legislation to be approved in accordance with the local
legislative process, to wit in the summarized manner:
1.)
2.)
3.)
4.)
5.)

Filing of bills or sponsorship;

First reading;
Committee hearings;
Second reading;
Third reading for final consideration, unless decided otherwise by the majority of
the Sanggunian;
6.) The approved ordinance is stamped with the seal of Sanggunian and subject to
the approval or veto of the Local Chief Executive.
Likewise, Section 54 of the Code states that every ordinance, which in this case is a
provincial ordinance, shall be presented to the Local Chief Executive for approval, to wit
the provision further:
SEC. 54. Approval of Ordinances. - (a) Every ordinance enacted by the
sangguniang panlalawigan, sangguniang panlungsod, or sangguniang
bayan shall be presented to the provincial governor or city or municipal
mayor, as the case may be. If the local chief executive concerned approves
the same, he shall affix his signature on each and every page thereof;
otherwise, he shall veto it and return the same with his objections to the
sanggunian, which may proceed to reconsider the same. The sanggunian
concerned may override the veto of the local chief executive by two-thirds
(2/3) vote of all its members, thereby making the ordinance or resolution
effective for all legal intents and purposes.

(b) The veto shall be communicated by the local chief executive concerned
to the sanggunian within fifteen (15) days in the case of a province, and ten
(10) days in the case of a city or a municipality; otherwise, the ordinance
shall be deemed approved as if he had signed it.
xxx

xxx

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In view of such, once the requirements of the law have been complied with accordingly
the provincial ordinance is already effective and binding (see Section 59 of the LGC of
1991), upon compliance with the required publication without the need for the
enactment of a resolution for its confirmation, whatsoever. Though no morals, public
policy, public order, or existing laws have been contravened with such accustomed
procedure, it is the responsibility of both the executive and legislative bodies to
implement the appropriate and legal approach as to what the laws precisely express it
to be.
FOREGOING PREMISES CONSIDERED, it is respectfully recommended that the
succeeding and subsequent Provincial Ordinance(s) subject to the consideration,
passage or enactment of the Sangguniang Panlalawigan of Laguna be approved and/or
confirmed as it is, without the need to supplement a separate resolution for its further
confirmation.
For your information and/or appropriate action.
Thank you.

Provincial Attorney