Legal Rules on Special and Regular Sessions of Local Legislative Bodies

Local legislative bodies in the Philippines, collectively referred to as sanggunians, exercise legislative authority at the provincial, city, municipal, and barangay levels pursuant to the constitutional policy of decentralization and local autonomy enshrined in Article X of the 1987 Constitution. The primary statutory framework governing their sessions is Republic Act No. 7160, the Local Government Code of 1991 (LGC), as amended. These rules ensure orderly, transparent, and efficient conduct of legislative business while upholding separation of powers, public accountability, and due process.

I. Classification of Sessions

Sessions of local legislative bodies are classified into two principal types: regular sessions and special sessions.

Regular sessions are the periodically scheduled meetings fixed in advance for the transaction of ordinary legislative business, including the enactment of ordinances and resolutions, approval of local budgets, conduct of inquiries in aid of legislation, and oversight of the local executive branch.

Special sessions, also called extraordinary sessions, are convened on an ad hoc basis to address urgent matters that cannot await the next regular session, such as calamity response, emergency appropriations, or time-bound local issues.

II. Regular Sessions

A. Authority and Procedure for Fixing Regular Sessions

Under Section 51(a) of the LGC, applicable to sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan, the sanggunian shall, on its first session immediately following the election and qualification of its members, adopt a resolution fixing the day, time, and place of its regular sessions. This organizational resolution is mandatory and constitutes the foundational schedule for the entire term (three years, synchronized with national elections).

The resolution must specify a recurring schedule (e.g., every Monday at 10:00 a.m. at the Sanggunian Session Hall) and is subject to amendment only by subsequent resolution. The chosen venue must be the official session hall or a publicly accessible government facility within the territorial jurisdiction.

For the sangguniang barangay, no parallel provision in Section 51 applies; instead, the LGC’s barangay-specific rules (under Title One, Chapter 4) require regular sessions to be held at least once a month, with the schedule fixed by the sanggunian at its first meeting after election.

B. Minimum Frequency

For provinces, cities, and municipalities, regular sessions must be held not less frequently than once a week. The sanggunian may, through its internal rules of procedure, increase the frequency (e.g., twice weekly) but cannot reduce it below the statutory minimum.

For barangays, the minimum is one regular session per month, reflecting the barangay’s more limited legislative workload and its role as the basic political unit.

Failure to convene the minimum number of regular sessions may constitute neglect of duty, exposing members to administrative sanctions under the Ombudsman or the Department of the Interior and Local Government (DILG), and may be cited as a ground for recall or impeachment proceedings where applicable.

C. Conduct and Order of Business

Regular sessions follow the order of business prescribed in the sanggunian’s duly adopted rules of procedure. A typical order includes:

  • Call to order and invocation;
  • Roll call;
  • Reading and approval of the minutes of the previous session;
  • Committee reports;
  • Unfinished business;
  • New business (first reading of proposed ordinances/resolutions);
  • Privilege speeches and communications;
  • Adjournment.

All proceedings are recorded in the official journal or minutes, which serve as public records.

III. Special Sessions

A. Authority to Call Special Sessions

Section 51(b) of the LGC expressly provides that special sessions may be called by:

  1. The presiding officer (Vice-Governor for provincial boards; Vice-Mayor for city and municipal councils; Punong Barangay for barangay councils); or
  2. A majority of the members of the sanggunian.

The local chief executive (Governor or Mayor) has no direct authority to call a special session of the sanggunian. Any request from the executive must be coursed through the presiding officer or the majority of members. This preserves the independence of the legislative branch.

For sangguniang barangay, the same calling mechanism applies, with the Punong Barangay acting as presiding officer.

B. Form and Content of the Call

The call for a special session must be:

  • Issued in writing;
  • Signed by the calling authority (presiding officer or majority members);
  • Served personally or by registered mail/electronic means (if allowed by the rules) to every member at least twenty-four (24) hours prior to the scheduled time, unless the internal rules prescribe a different reasonable period in case of genuine emergency;
  • Accompanied by a definite agenda stating the specific matters to be considered.

The call must state the date, time, and place of the session. Failure to comply with notice requirements may render acts taken during the session voidable upon proper challenge.

C. Scope of Matters That May Be Taken Up

In special sessions, the sanggunian is strictly limited to the matters expressly stated in the call or agenda. No other business may be transacted unless all members of the sanggunian are present and unanimously consent to consider additional items. This rule prevents the circumvention of regular-session procedures and protects absent members from being bound by unanticipated actions.

IV. Common Rules Applicable to Both Regular and Special Sessions

A. Quorum Requirement

A majority of all members of the sanggunian who have been elected and qualified constitutes a quorum. The presiding officer is counted as a member for quorum purposes but generally votes only to break a tie (except in the sangguniang barangay, where the Punong Barangay fully participates in voting).

If no quorum exists at the appointed time, the presiding officer may declare the session suspended and issue a call to compel attendance of absent members. Persistent absence without valid cause may be penalized under the sanggunian’s rules or the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713).

B. Public Character of Sessions and Executive Sessions

All sessions, regular or special, are open to the public as a rule (Section 51, LGC, in relation to the constitutional right to information). Media, interested citizens, and stakeholders may attend.

A closed-door executive session may be held only upon motion duly seconded and approved by a majority of the members present constituting a quorum. Executive sessions are permitted solely for sensitive matters such as:

  • Personnel matters involving appointment, discipline, or removal;
  • National or local security concerns;
  • Confidential communications or pending litigation strategy;
  • Matters that, if publicly disclosed, would violate privacy rights or prejudice public interest.

Minutes of executive sessions are kept but remain confidential unless the sanggunian decides otherwise.

C. Presiding Officer and Temporary Presiding Officer

The presiding officer chairs all sessions and enforces the rules of procedure. In case of absence or inability, the members present elect a temporary presiding officer from among themselves by majority vote.

D. Adoption and Effect of Internal Rules of Procedure

Within the period prescribed by the LGC (generally not later than ninety days after organization), each sanggunian must adopt its own rules of procedure. These rules govern detailed aspects of session conduct, including:

  • Parliamentary motions and debate limits;
  • Committee system and referral of measures;
  • Manner of voting (voice vote, division, nominal voting, secret ballot where required);
  • Discipline of members for disorderly behavior;
  • Preparation, certification, and publication of minutes.

The internal rules have the force of law within the sanggunian but must not contravene the LGC, the Constitution, or other statutes. Copies must be furnished to the DILG and made available to the public.

E. Journal and Records

Accurate minutes of every session must be prepared, read, corrected if necessary, and approved at the next session (or as otherwise provided). The journal is the official record and is prima facie evidence of the proceedings. All journals and records are public documents subject to the right of access under the Constitution.

F. Voting and Decision-Making

Unless a higher vote is required by law (e.g., two-thirds to override an executive veto under Section 54 of the LGC, or for certain tax ordinances), measures are decided by a majority of the members present constituting a quorum. The presiding officer votes only in case of a tie.

V. Distinctions According to Level of Local Government Unit

  • Provincial, City, and Municipal Sanggunians: Weekly minimum regular sessions; stricter notice and agenda rules for special sessions; larger membership (e.g., 10–20+ members depending on population); more formal parliamentary requirements.
  • Barangay Sanggunian: Monthly minimum regular sessions; simpler and more flexible procedures due to smaller membership (seven members: Punong Barangay plus six Kagawads); sessions often held in the barangay hall with greater community participation.

VI. Legal Consequences of Violations

Sessions conducted without quorum, without proper notice, or outside the scope of a special-session call are subject to judicial review. Ordinances or resolutions passed under such circumstances may be declared null and void ab initio. Members and officers may face administrative, civil, or criminal liability under the LGC, the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), or the Ombudsman Act.

The DILG exercises general supervision and may issue memoranda directing compliance. Supreme Court decisions have consistently upheld strict adherence to quorum and notice requirements to protect the integrity of local legislation.

These rules collectively ensure that local legislative bodies function as democratic, transparent, and responsive institutions, balancing regularity with flexibility while safeguarding the rights of members, the public, and the local government unit as a whole.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.