Sangguniang Panlalawigan - Powers, Duties and Functions

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 (and appropriate funding for it) 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 (18) 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"