Sangguniang Panlalawigan

The Sangguniang Panlalawigan (English: Provincial Council), commonly known as the Provincial Board, is the Filipino language name given to the legislatures in Philippine provinces. They are the legislative branch of the province and their powers and responsibilities are defined by the Local Government Code of 1991.[1] Along with the provincial governor, the executive branch of the province, they form the province's government.

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" (provincia) 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 (gobernador) was first appointed in each of the eighteen existing provinces, relegating the alcalde to carry out only judicial functions.[2]

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.[2] 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 (those termed "Non-Christian provinces") were appointed by the Governor-General with the approval of the Philippine Commission[3] 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 (the "Local Autonomy Act") 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.[4] However, the Board still had limited real legislative powers, as the provincial government was merely serving as an extension of national government.[5] 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.[6]

By virtue of Presidential Decree No. 826 issued by President Ferdinand Marcos on November 14, 1975[7] all existing governing boards and councils in each province, city and municipality were renamed Sangguniang Bayan. The province-level Sangguniang Bayan (later given the name Sangguniang Panlalawigan,[8] commonly abbreviated to SP) consisted of all the incumbent provincial board members (including the governor and vice-governor), 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.[7]

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 (8 members) or less than 100,000 residents (4 members). 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.[9] The provincial government's jurisdiction over chartered cities, which became a point of contention in the Supreme Court case Teves v. COMELEC,[10] was resolved in BP 51 by placing only cities not classified as "highly urbanized" under the scope of provincial government.

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.[11]

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 (although he or she retains the power to veto SP legislation, which can still be overridden by a two-thirds vote of all voting members), 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.[1]

Powers, duties and functions

The powers, duties and functions of the Sanggunian are outlined in Section 468 of the Local Government Code of 1991.[1] 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:

Composition

Number of regular seats in every provincial board.

The Sangguniang Panlalawigan is composed of regularly elected members and ex officio members. The provincial vice-governor serves as its presiding officer, who do not vote except in cases to break a tie.

Regularly elected members are elected from Sangguniang Panlalawigan districts. The total number of SP members to be elected within the province, and the number within each SP district, varies depending on several factors, including the province's income class and the population count within districts.

Ex officio members in the Sanggunian include:

The Local Government Code of 1991 also provides for the election of 3 "sectoral representatives,"[1] which are supposed to come from:

Although several attempts have been made in the past to provide for the election of these sectoral representatives, the lack of a more concrete enabling law upon which the manner of election of these sectoral representatives can be legally based continues to prevent this feature of local governments from being fully realized.[12]

Allocation and apportionment of regularly elected members

The number of regular Sanggunian members is based on the income of the province as classified by the Department of Finance. The Commission on Elections issues resolutions allocating the number regular members of the Sanggunian a province may elect should a province's income classification change. First-class and second-class provinces have 10 regularly elected members, 8 for third- and fourth-class provinces and 6 for fifth- and sixth-class provinces. Exceptions to the rule are provinces which are divided into more than five congressional districts. Each Sangguniang Panlalawigan district in the provinces of Cavite, Cebu, Negros Occidental and Pangasinan elect two members to the Sanggunian, resulting in a total number of 14 regularly elected SP members in Cavite, and 12 in the three other provinces.

The Commission on Elections apportions the number of Sanggunian members among the SP districts into which the province is divided. As much as possible, the members are equally divided among the legislative districts. If such equal division is improbable the remaining numbers are assigned to the districts with a bigger population count than the others. The COMELEC likewise factors out the population of independent cities which do not elect provincial officials in determining the apportionment of the Sanggunian members among the districts. Provinces which are composed only of one congressional district are divided into two sanggunian districts by the COMELEC for purposes of electing SP members.

A majority of Sangguniang Panlalawigan districts are contiguous to existing congressional districts. The exceptions are the following:

List

The following is a table with the number of members elected from each SP district, showing the apportionment in place for the 2013 elections

Allocation and composition of regularly elected members per Sangguniang Panlalawigan district
Province Total Regular members Ex
officio
Article Vice-governor Party composition
1st 2nd 3rd 4th 5th 6th 7th LP NP NPC NUP UNA Ind Other
Abra 11443Board Rosario Bersamin 7 0 0 0 0 0 1 Aksyon
Agusan del Norte 11173Board Ramon Bungabong 7 0 0 0 1 0 0
Agusan del Sur 13553Board Santiago Cane 0 0 0 10 0 0 0
Aklan 13553Board Marinela Calizo-Quimpo 6 1 0 0 2 0 1 Lakas
Albay 133343Board Harold Imperial 8 0 0 0 0 2 0
Antique 13553Board Edgar Denosta[lower-alpha 1] 4 0 0 0 3 1 0
Apayao 11443Board Hector Pascua 6 1 1 0 0 0 0
Aurora 11443Board Rommel Angara 0 2 1 0 0 0 5 LDP
Basilan 11443Board Keehmar Sakkalahul 8 0 0 0 0 0 0
Bataan 13553Board Efren Dominic Pascual, Jr. 3 1 0 6 0 0 0
Batanes 9333Board Ronald Aguto 3 0 0 0 0 3 0
Batangas 172222223Board Mark Leviste 9 0 1 0 0 0 0
Benguet 13463Board Nelson Dangwa 0 0 0 9 0 1 0
Biliran 11443Board Eriberto Tubis, Jr. 6 0 1 0 0 1 0
Bohol 133343Board Concepcion Lim 7 0 2 0 1 0 0
Bukidnon 133433Board Alex Calingasan 1 0 0 0 0 1 8 Bukidnon Paglaum
Bulacan 1332233Board Daniel Fernando 1 1 0 8 0 0 0
Cagayan 133343Board Leonides Fausto 1 2 0 3 4 0 0
Camarines Norte 13553Board Jonah Pimentel 3 0 0 6 0 1 0
Camarines Sur 13122233Board Fortunato Pe 1 6 2 0 0 1 0
Camiguin 9333Board James Ederango 0 0 6 0 0 0 0
Capiz 13553Board Esteban Contreras 8 0 0 2 0 0 0
Catanduanes 11443Board Jose Teves, Jr. 4 0 1 0 1 1 1 Lakas
Cavite 1722222223Board Jolo Revilla 4 1 0 2 0 0 7 Lakas
Cebu 152222223Board Anges Magpale 6 0 0 2 0 0 2 One Cebu, 2 Bakud
Compostela Valley 13553Board Manuel Zamora 10 0 0 0 0 0 0
Cotabato 134333Board Gregorio Ipong 6 0 0 0 0 3 1 PMP
Davao del Norte 13553Board Victorio Suaybaguio, Jr. 4 0 0 0 0 2 4 Kusog Baryohanon
Davao del Sur 13553Board Aileen Almendras 0 4 6 0 0 0 0
Davao Occidental 11443Board 0 0 0 0 0 0
Davao Oriental 13553Board Joel Almario 1 9 0 0 0 0 0
Dinagat Islands 13553Board Benglen Ecleo 1 9 0 0 0 0 0
Eastern Samar 13553Board Marcelo Picardal 8 2 0 0 0 0 0
Guimaras 11443Board Vicente de Asis 6 0 0 0 1 1 0
Ifugao 11443Board Pedro Mayam-o 2 0 0 0 0 6 0
Ilocos Norte 13553Board Eugenio Angelo Barba 1 8 1 0 0 0 0
Ilocos Sur 13553Board DV Savellano 1 8 1 0 0 0 0
Iloilo 13222223Board Raul Tupas 5 0 1 0 2 1 1 Ugyon
Isabela 1332323Board Antonio Albano 0 1 7 0 0 2 0
Kalinga 11443Board Allen Jesse Mangaoang 1 2 0 0 0 4 1 Lakas
La Union 13553Board Aureo Nisce 1 0 8 0 0 0 1 Lakas
Laguna 1333223Board Katherine Agapay[lower-alpha 2] 3 1 0 0 4 1 0
Lanao del Norte 13553Board Maria Cristina Atay 1 0 9 0 0 0 0
Lanao del Sur 13553Board Arsad Marohombsar 7 0 0 0 0 1 1 Ompia, 1 PDP-Laban
Leyte 13222223Board Carlo Loreto 10 0 0 0 0 0 0
Maguindanao 13553Board Lester Sinsuat 9 0 0 0 0 0 1 PDP-Laban
Marinduque 11443Board Romulo Bacorro 5 0 0 2 0 1 0
Masbate 132443Board Vicente Revil 0 2 5 2 0 0 1 PMP
Misamis Occidental 13553Board Aurora Almonte 0 4 0 5 1 0 0
Misamis Oriental 13553Board Jose Mari Pelaez 5 4 0 0 0 1 0
Mountain Province 11443Board Bonifacio Lacwasan, Jr. 1 1 0 0 2 4 0
Negros Occidental 152222223Board Eugenio Lacson 2 0 7 0 1 0 2 UNEGA
Negros Oriental 133433Board Edward Macias 4 0 6 0 0 0 0
Northern Samar 13553Board Gary Lavin 4 0 1 4 0 0 0
Nueva Ecija 1332233Board Gay Padiernos 2 0 4 0 0 0 4 BALANE
Nueva Vizcaya 13553Board Epifanio Lamberto Galima 4 4 0 0 2 0 0
Occidental Mindoro 13553Board Peter Alfaro 7 1 0 0 0 0 2 Lakas
Oriental Mindoro 13553Board Humerlito Dolor 7 0 1 0 0 0 2 Sandugo
Palawan[13] 135413Board Victorino Socrates 4 0 0 0 0 0 6 PPP
Pampanga 1323323Board Dennis Pineda 0 2 0 0 0 1 7 Kambilan
Pangasinan 152222223Board Jose Calimlim, Jr. 3 0 9 0 0 0 0
Quezon 1323233Board Samuel Nantes 3 1 0 5 0 0 1 PMP
Quirino 11443Board May Calaunan 6 0 0 0 0 1 1 PDP-Laban
Rizal 1344113Board Frisco San Juan, Jr. 4 0 5 1 0 0 0
Romblon 11443Board Jose Riano 4 4 0 0 0 0 0
Samar 13553Board Stephen James Tan 6 2 2 0 0 0 0
Sarangani 13463Board Jinkee Pacquiao 1 0 0 0 9 0 0
Siquijor 9333Board Fernando Avanzado 3 0 0 0 0 0 3 Lakas
Sorsogon 13553Board Antonio Escudero, Jr. 0 2 4 0 1 3 0
South Cotabato 13373Board Cecile Diel 0 0 5 0 5 0 0
Southern Leyte 11443Board Sheffered Tan 0 0 0 8 0 0 0
Sultan Kudarat 13553Board Ernesto Matias 2 0 0 0 1 7 0
Sulu 13553Board Abdusakur Tan 10 0 0 0 0 0 0
Surigao del Norte 13553Board Arturo Egay, Jr. 7 2 0 0 0 0 1 Padajon Surigao
Surigao del Sur 13553Board Manuel Alameda, Sr. 7 1 0 0 1 0 1 Lakas
Tarlac 133433Board Enrique Cojuangco, Jr. 1 2 5 0 0 0 1 Lakas, 1 PDP-Laban
Tawi-Tawi 11443Board Michail Ahaja 6 0 1 0 0 1 0
Zambales 13373Board Ramon Lacbain II 1 0 0 0 1 2 6 Sulong Zambales
Zamboanga del Norte 132443Board Senen Angeles 7 2 0 0 0 1 0
Zamboanga del Sur 13553Board Juan Regala 0 0 10 0 0 0 0
Zamboanga Sibugay 13553Board Rey Andre Olegario 1 8 0 0 0 1 0
  1. Denosta assumed vice governorship when erstwhile vice governor Rhodora Cadiao became governor after the disqualification of Exequiel Javier.
  2. Agapay, an independent board member, assumed the vice governorship when the erstwhile vice governor, Ramil Hernandez became acting governor after Governor ER Ejercito was disqualified in the 2013 election. This means Agapay's board member seat is vacant, as an independent, she has no party that could appoint a replacement.

Historical provinces

The following provinces had elected Sangguniang Panlalawigan officials who served until the provinces became defunct, or until a new set of officials for the successor provinces had been elected in the next provincial elections:

References

  1. 1 2 3 4 Local Government Code of 1991
  2. 1 2 McGovney, Dudley Odell (1903). Civil Government in the Philippines. BiblioBazaar. p. 129. ISBN 978-0-559-69396-0.
  3. Worcester, Dean C. (1914). The Philippines: Past and Present. BiblioBazaar. p. 341. ISBN 978-1-4264-5850-7.
  4. Republic Act No. 2264 - Local Autonomy Act, Chan-Robles Law Library.
  5. Eric Daenecke (February 1966). "Constitutional Law in the Philippines". ABA Journal (American Bar Association) 52 (2): 162. ISSN 0747-0088.
  6. Republic Act No. 5185 - Decentralization Act of 1967, Chan-Robles Law Library.
  7. 1 2 Presidential Decree No. 826, Chan-Robles Law Library]
  8. Presidential Decree No. 925, Chan-Robles Law Library.
  9. Batas Pambansa Blg. 51
  10. Teves v. COMELEC, Philippine Laws and Jurisprudence Databank.
  11. Batas Pambansa Blg. 337 - Local Government Code of 1983, Chan-Robles Law Library.
  12. Local Sectoral Representation: A Legal Analysis.
  13. "COMELEC Resolution No. 9524" (PDF). Commission on Elections. Retrieved 2016-05-01.
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