Sangguniang Panlalawigan


Sangguniang Panlalawigan, 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 Local Government Code of 1991. Along with the provincial governor, the executive branch of the province, they form the province's government.
Members are either called "board members" or "Sangguniang Panlalawigan members". In Tagalog-speaking provinces, they are informally called "bokal".

History

During the early period of Spanish colonization, newly conquered areas were designated as encomiendas which were headed by an encomendero chosen by the Spanish from among the ranks of the powerful local nobles. Encomiendas were organized only for the purposes of collecting tribute that went in part to the Roman Catholic Church, the Spanish army, and to the Royal Treasury. Later on areas which were organized and given the designation of "province" were led by an appointed alcalde who performed judicial, fiscal and executive functions. This system of government lasted for almost three hundred years until 1886 when a governor was first appointed in each of the eighteen existing provinces, relegating the alcalde to carry out only judicial functions.
American rule brought radical changes to the system of local government in the country. In 1901 the Philippine Commission enacted Act No. 83, known as the Provincial Government Act, which outlined the powers, responsibilities and composition of the provincial government. Each regularly organized province was provided a Provincial Board composed of three provincial officials: the governor, the treasurer, and a "third member" who in most cases was known as the supervisor. The governor in regularly organized provinces under civilian control were initially elected by municipal vice-presidents and councilors within the province through a convention held in the provincial capital every even-numbered year. As civil government took hold, the governorship was made elective. The composition of provincial boards were also later modified, with the treasurer and "third member" taken out and replaced by two members elected by popular vote. Not all provinces had the same type of government. Officials in specially organized provinces were appointed by the Governor-General with the approval of the Philippine Commission until legislation gradually brought each of them in line with regularly organized provinces, that by the time of independence in 1946 all provinces had largely similar governments.
The passage of Republic Act No. 2264 on June 19, 1959, not only granted greater autonomy to local governments, but also expanded the composition of the Provincial Board by creating a new elective office, the vice-governorship, as well as providing for provinces of the first, second and third income class to have one additional elected board member. However, the Board still had limited real legislative powers, as the provincial government was merely serving as an extension of national government. Republic Act No. 5185 was enacted in 1967 with the intention of decentralizing authority and further empowering local governments to address the needs of their constituents more effectively.
By virtue of Presidential Decree No. 826 issued by President Ferdinand Marcos on November 14, 1975 all existing governing boards and councils in each province, city and municipality were renamed Sangguniang Bayan. The province-level Sangguniang Bayan consisted of all the incumbent provincial board members, plus a representative from each municipality within the province, and the provincial president of the Katipunan ng Mga Kabataang Barangay or Association of Barangay Youth.
Batas Pambansa Blg. 51, enacted in 1979, standardized the composition of all provincial legislatures by reducing the membership of the Sangguniang Panlalawigan. All provinces were entitled to 6 elective SP members, unless they had more than one million residents or less than 100,000 residents. Direct municipal representation was eliminated, and in its place was indirect "grassroots" representation through the president of the provincial association of barangay chairmen who was appointed by the President, who also happened to be the Prime Minister. Other members of the new Sanggunian were the governor and the vice governor, both elected by popular vote, and the president of the provincial federation of the Kabataang Barangay, appointed by the President/Prime Minister.
The powers and duties of the Sangguniang Panlalawigan was codified under Batas Pambansa Blg. 337, also known as the Local Government Code of 1983. The governor served as an ex officio member, who did not vote except only to break a tie, but had the power to veto items within, or entire, Sanggunian ordinances and resolutions. However the veto can be overridden by a two-thirds vote of all voting SP members.
The Sangguniang Panlalawigan was retained as the legislative branch of all provincial governments under the 1987 Constitution and the Local Government Code of 1991. However, unlike the old Provincial Boards or the pre-1992 Sanggunian, which included in their memberships provincial executives, under current laws the governor is not considered as a Sanggunian member, and the vice-governor, who has now become the presiding officer, only participates in breaking ties in voting. Since 1992 SP members are elected from districts to ensure geographical representation, and the size of the province's Sanggunian was dependent on its income classification rather than population.

Powers, duties, and functions

The powers, duties, and functions of the Sanggunian are outlined in Section 468 of the Local Government Code of 1991. The legislative body is tasked in general to "enact ordinances, approve resolutions and appropriate funds for the general welfare of the province and its inhabitants... in the proper exercise of the corporate powers of the province." Its powers, duties and functions are outlined into five broad mandates:
  • "Approve ordinances and pass resolutions necessary for an efficient and effective provincial government," which includes:
  • *Reviewing all ordinances approved by the Sangguniang Panlungsod and Sangguniang Bayan of the province's component cities and municipalities to ensure that they and their mayors are within their scope of powers as outlined in the Local Government Code
  • *Enacting measures to maintain peace and order and imposing penalties on violations of such ordinances
  • *Approving ordinances that impose fines and/or imprisonment for violations of provincial ordinances
  • *Adopt measures to protect the inhabitants of the province from harmful effects of man-made or natural disasters, and provide relief services and assistance for victims not only during and in the aftermath of disasters and calamities, but also in their "return to productive livelihood" following the events
  • *Enacting ordinances intended to prevent, suppress and impose appropriate penalties for "activities inimical to the welfare and morals of the inhabitants of the province," such as prostitution, juvenile delinquency and drug addiction.
  • *Protect the environment and impose appropriate penalties for acts which endanger the environment
  • *Determine the powers and duties of officials and employees of the province in accordance with the Local Government Code and pertinent laws, and also determine their wages, salaries, allowances, honorariums, compensation and other emoluments and benefits, and provide for expenditures necessary to properly carry out programs, projects, services and activities of the provincial government
  • *Provide a mechanism to ensure the safety and protection of all provincial government property, public documents and records
  • *When the finances of the provincial government allow, provide for additional allowances or other benefits to officials and public servants working in the province
  • "Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the province... with particular attention to agro-industrial development and country-wide growth and progress and relative thereto," which involve the following:
  • *Enact annual and supplemental appropriations of the provincial government and appropriate funds for specific programs, projects, services and activities of the province, or for other purposes not contrary to law, in order to promote the general welfare of the province and its inhabitants
  • *Subject to the provisions of Book II of the Local Government Code and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan:
  • **Enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs
  • **Authorize the provincial governor to negotiate and contract loans and other forms of indebtedness
  • **Enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects
  • *Appropriate funds for the construction and maintenance or the rental of buildings for the use of the province; and upon the majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations
  • *Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the province
  • *Review the comprehensive land use plans and zoning ordinances of component cities and municipalities and adopt a comprehensive provincial land use plan, subject to existing laws
  • *Adopt measures to enhance the full implementation of the national agrarian reform program in coordination with the Department of Agrarian Reform
  • "Grant franchises, approve the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes," which include the power to:
  • *Fix and impose reasonable fees and charges for all services rendered by the provincial government to private persons or entities
  • *Regulate and fix the license fees for such activities as provided for under the Local Government Code
  • "Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities" and, in addition to the services and facilities outlined in Section 17 of the Local Government Code, also:
  • *Adopt measures and safeguards against pollution and for the preservation of the natural ecosystem in the province, in consonance with approved standards on human settlements and environmental sanitation
  • *Subject to applicable laws, facilitate or provide for the establishment and maintenance of waterworks system or district waterworks for supplying water to inhabitants of component cities and municipalities
  • *Provide for the establishment and operation of vocational and technical schools and similar post-secondary institutions; and, with the approval of the Department of Education and subject to existing laws on tuition fees, fix reasonable tuition fees and other school charges in educational institutions supported by the provincial government
  • *Establish a scholarship fund for the poor but deserving students in schools located within its jurisdiction or for students residing within the province
  • *Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases within its territorial jurisdiction
  • *Provide for the care of "needy and disadvantaged persons, particularly children and youth below eighteen years of age"
  • **Establish and support the operation of centers and facilities for them and facilitate efforts to promote the welfare of families below the poverty threshold, the disadvantaged, and the exploited
  • *Establish and provide the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the province
  • *Establish a provincial council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and appropriate funds for the support and development of the same
  • *Establish a provincial council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the province, and appropriate funds and provide incentives for NGOs to support the programs and projects of the elderly
  • ''"Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance"''