Oversight Function of Local Legislative Body

OVERSIGHT FUNCTION OF LOCAL LEGISLATIVE BODY

1. Can the Local Legislative Body compel the Local Chief Executive (LCE) to provide information and data necessary in relation to the former's ordinance making power?

No, unlike the national legislature, the local legislative body cannot compel through a subpoena, persons, including the Local Chief Executive (LCE) and members of the local Executive Department. It may issue an "invitation" only.*

2.  Does the LCE have a duty to provide information and data to the Local Legislative Body?

Yes. That duty is expressly provided under Sec. 455 of the Local Government Code.*

3.  If the LCE chooses not to perform this duty, what can the Local Legislative Body do? 

The Local Legislative Body may, among others,  file an administrative complaint for nonfeasance before the Office of the Ombudsman, pursuant to Section 16 of R.A. No. 6770. 

The body may also file a Petition for Mandamus before the appropriate court, to compel the LCE to provide the required data and information. The remedy is available "when any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law." (Section 3, Rule 65 of the Rules of Court)#

*DILG OPINION NO. 25 S. 2020 dated January 31, 2020