G. Performance Review of Effective and Quality

Legislations

Jennifer G. Santiago

Coverage:

• Legal Constraints and Limitations

• Other Innovations and Local Legislation Breakthrough

Limitations of Legislative Power

1. Substantive Limitations the limitations is substantive

because if the provision of the law will curtail constitutional rights, the same is unconstitutional

Limitations of Legislative Power

2. Procedural Limitations even if the law does not violate

constitutional provision but it is not passed and approved in accordance with the prescribed procedure, the same is questionable and it may not be given force and effect

Local Legislative Process

Legal Constraints and Limitations

Examples

Hon. Jose D. Lina, Jr., Sangguniang Panlalawigan of Laguna, and Hon. Calixto Cataquiz (petitioners) vs. Hon. Francisco Dizon Pano and Tony Calvento (respondents)

Issue:

An ordinance which merely states the “objection” of the council to lotto but is a mere policy statement on the part of the local council which is not self-executing, and could not serve as a valid ground to prohibit the operation of lotto system in the province

Hon. Jose D. Lina, Jr., Sangguniang Panlalawigan of Laguna, and Hon. Calixto Cataquiz (petitioners) vs. Hon. Francisco Dizon Pano and Tony Calvento (respondents)

Facts: The game of lotto is a game of

chance duly authorized by the national government through an Act of Congress .

R.A. 1169, as amended by Batas

Pambansa Blg. 42, is the law which grants a franchise to PCSO and allows it to operate the lotteries.

R.A. 1169, as amended by Batas Pambansa Blg. 42

Section 1. The Philippine Charity Sweepstakes Office. - The Philippine Charity Sweepstakes Office, hereinafter designated the Office, shall be the principal government agency for raising and providing for funds for health programs, medical assistance and services and charities of national character, and such shall have the general powers conferred in the Sec. 13 Act 1459, as amended, and shall have the authority:

R.A. 1169, as amended by Batas Pambansa Blg. 42

A. To hold a conduct charity sweepstakes races, lotteries, and other similar activities, in such frequency and manner, as shall be determined, and subject to such rules and regulations as shall be promulgated by the Board of Directors.

Hon. Jose D. Lina, Jr., Sangguniang Panlalawigan of Laguna, and Hon. Calixto Cataquiz (petitioners) vs. Hon. Francisco Dizon Pano and Tony Calvento (respondents)

Petition denied.

Sections 2 (c) and 27 in the LGC (R.A. 7160) apply only to the national and/or projects which are to be implemented in particular local community

Magtajas vs Pryce Properties, Inc

Issue: Ordinance No. 3353

An ordinance prohibiting the issuance of business permit and cancelling the existing business permit to any establishment for the using and allowing to be used its premises of portion thereof for the operation of casino.

Magtajas vs Pryce Properties, Inc

Fact:

The Philippine Amusement and Gaming Corporation (PAGCOR) is a corporation created directly by P.D. 1869 to help centralize and regulate all games of chance, including casinos on land and sea within the territorial jurisdiction of the Philippines.

Magtajas vs Pryce Properties, Inc

Petition was denied.

Under Sec. 458 of the Local Government Code, local government units are authorized to prevent or suppress, among others, “gambling and other prohibited games of chance.”

This ordinance is contrary to P.D. 1869 and the public policy announced therein and is therefore ultra vires and void.

City Of Manila Vs. Laguio, Jr

Issue: Ordinance No. 7738

An ordinance prohibiting the establishment or operation of businesses providing certain forms of amusement, entertainment, services and facilities in the Ermita-Malate area, to include motels and inns.

City Of Manila Vs. Laguio, Jr

Fact:

An explanatory note for the challenged ordinance made mention of the alarming increase in the rate of prostitution, adultery and fornication in Manila traceable in great part to the existence of motels and the like.

City Of Manila Vs. Laguio, Jr

Petition denied.

The assailed ordinance is unreasonable and oppressive

1. What is legal is not always moral

2. The ends do not always justify the means

It is worth remembering in

this regard that:

Other Innovations and Local

Legislation Breakthrough

Composition of the Sanggunian

SECTION 387. Chief Officials and Offices. - (a) There shall be in each Barangay a Punong Barangay, seven (7) Sangguniang Barangay members, the Sangguniang Kabataan chairman, a Barangay Secretary, and a Barangay treasurer.

(What is SK and why is there a need for it?

How does SK help people? Do people think SK should continue?)

Composition of the Sanggunian

Sangguniang Kabataan initiates policies, programs

and projects for the development of youth in their respective political territories

Sangguniang Kabataan

1. SK trains the youth to become good leaders of the community.

2. SK officers serve as the voice of the youth in their community.

3. SK projects enhance the different skills and abilities of the youth.

4. SK officers represent the youth in various government programs and projects.

Possible reasons to call for its abolition:

1. SK is only a training ground for corruption.

2. SK officials are youths, they are still in school, they cannot function well, and unprepared to discharge their duties.

3. The government will save a huge amount of money in abolishing it.

4. This will remove the youth from culture of politics which is usually associated with corruption.

Qualifications for Public Officials

1. Natural-born citizen of the Philippines

2. A registered voter3. *Age Qualification4. Able to read and write

(Are these qualifications enough to measure that the aspiring candidate is qualified and effective as a public official?)

Educational Attainment for Public Officials

1. Knowledge is more necessary than a written degree.

2. It is not necessary that a politician must be educated to a certain level. It is democracy.

Educational Attainment for Public Officials

1. If a politician is educated, any type of problem that will come, he can find a good solution.

2. It is necessary because he represents the society. He should stand up to the country’s values, culture and tradition.

“Pork Barrel”

usually refers to the budgetary spending intended to benefit limited groups of constituents in return for their political supports

“Pork Barrel”

FAILON NGAYON-POLITICAL DYNASTY(October 20,2012)

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