Understanding Evidence-Based Legislation and its Components

Session 5 FUNDAMENTAL PRINCIPLES OF EVIDENCE-BASED LEGISLATION

Definition of Evidence-Based Legislation The conscientious, explicit, and judicious use of best evidence and current data in making decisions about the formulation and adoption of policy and/or legislation

What is Evidence-Based Legislation? The diligent use of best evidence and current data in formulating policy/legislation

What Constitutes Evidence EVIDENCE The available facts or circumstances indicating whether or not a thing is true or valid In law, it is the information tending to prove a fact or proposition Examples: direct testimonies of eye-witnesses, documents and/or records, or the combination of witnesses accounts and material proofs that when taken together will lead a reasonable mind to conclude about the truth of a certain fact or proposition

What Constitutes Evidence FACT A thing that is known to have occurred, to exist, or to be true Hence, it is an actual and absolute reality, as distinguished from a mere opinion or supposition Example: Juan was the husband of Maria (fact) Juan was a good husband to Maria (opinion)

What Constitutes Evidence INFORMATION Something that is told; or items of knowledge or news In law, the phrase information and belief is understood to indicate that a certain allegation is not based on the first-hand knowledge of the person making the allegation, but that person nevertheless, in good faith, believes the allegation to be true

What Constitutes Evidence DATA Known facts or things that are organized and used as a basis for making inferences, conclusions, or arguments Examples: Statistics (with or without analysis) Survey results Official reports/documents Empirical studies/experiments

Sources of Evidence Local Government Code Literature such as books, periodicals, treatises, Internet articles, etc. Program of government of the LCE National laws and policy directives Jurisprudence Demographic statistics of the LGU Economic/industry data and statistical reports Surveys and policy/research studies conducted by different institutions Constituents opinions and feedback on LGU performance People s comments, views, and aspirations articulated during public meetings and assemblies

Why Evidence-Based Legislation Scientific Verifiable Measurable Representative and/or Participatory Objective

When is Evidence Used for Legislation Identify problems and issues Validate effectiveness of legislative actions Evaluate and classify needs and interests Formulate legislative measures Prioritize concerns

Requisites for Validity of an Ordinance It must not contravene the Constitution or any statute It must not be unfair or oppressive It must not be partial or discriminatory It must not prohibit but may regulate trade It must be general and consistent with public policy It must be reasonable

Local Legislative Process Proposed Ordinance (P.O.) is filed with Sanggunian P.O. is calendared for 1st Reading P.O. is referred to appropriate committee/s Committee deliberates on P.O./ conducts hearings if needed Committee recommends P.O. for plenary deliberations, with or without amendments Committee defers action or shelves P.O. P.O. is calendared for 2nd Reading ORDINANCE BECOMES A LAW P.O. is certified urgent Review by higher-level Sanggunian/ Posting and publication Plenary Session of Sanggunian debates on P.O. Plenary refers P.O. back to committee LCE does not act on ordinance LCE signs approved ordinance Approved Ordinance is transmitted to the LCE Sanggunian approves P.O. on 3rd and Final Reading P.O. is calendared for 3rd Reading Sanggunian approves P.O. on 2nd Reading Sanggunian No action from Sanggunian, ordinance is shelved LCE vetoes ordinance overrides veto by 2/3 vote

Sample Ordinance Republic of the Philippines Province of _______________ Municipality of ______________ SANGGUNIANG BAYAN AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF VIDEOKE BARS/RESTAURANTS IN THE MUNICIPALITY OF _____________ Title WHEREAS, the proliferation of restaurants, bars and similar businesses featuring videoke machines as a form of entertainment, which operate up to the wee hours of the night, even those located within or adjacent to residential areas, has spawned various complaints from residents about the nuisance caused by these establishments; Explanatory Note WHEREAS, xxxxxx Enacting Clause NOW THEREFORE, BE IT ORDAINED by the Sangguniang Bayan in session duly assembled that: Section 1. operation and maintenance of all videoke bars/restaurants within the municipality, to wit: Section 2. xxxxxx The Municipal Government of _________ is hereby promulgating the following rules and regulations that shall govern the Body Section 3. xxxxxx Penal Provision Section 4. Penalty. Any person/s who shall violate any of the provisions of this Ordinance shall immediately be apprehended, and be required to pay a fine of One Thousand Pesos (P1, 000.00), or be imprisoned for a period of 5 days, or both at the discretion of the Section 5. Repealing Clause. All ordinances, rules and regulations, or parts thereof, whose provisions are in conflict with or contrary to the provisions of this Ordinance are hereby deemed repealed, amended and modified accordingly. Repealing Clause Section 6. This Ordinance shall take effect immediately upon its approval, and after due compliance with publication requirements. Effectivity Clause ORDAINED: _________________ -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I hereby certify to the correctness of the foregoing ordinance which was duly ordained by the Sangguniang Bayan during its regular session held on _____________. Secretary to the Sangguniang Bayan ATTESTED: ______________ APPROVED:____________ Presiding Officer Municipal Mayor