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Guidelines in the

drafting of
Resolution and
Ordinances
Resolution
“Those of a temporary character and matters
relating to proprietary functions and private
concerns”

Commonly understood as a formal


expression of the opinion or will of a public
assembly, adopted by vote, the subject
matter of which would not properly
constitute a statute
Ordinance
“Legislative actions of general and
permanent character”

Refers to the enactments of the


legislative body of a municipal
corporation, and governing matters
not already covered by national law,
such as zoning, building, safety, and
other purely municipal matters.
Distinctions between ordinance
and resolution
1. An ordinance has to undergo three separate
readings in order to be formally approved and
enacted; a resolution generally need to go
through a third reading for its final consideration,
unless decided otherwise by a majority of all the
members of the sanggunian.
2. An ordinance must be accompanied by a
brief explanatory note containing the
justification for its approval; a resolution is not
subject to such requirement.
3. An ordinance may contain penal provisions; a
resolution generally cannot prescribe penalties,
except in the case of resolutions imposing
disciplinary sanctions against erring sanggunian
members or elective barangay officials.
4. An ordinance is subject to the veto power of
the LCE; a resolution generally may not be
vetoed, except where the subject of the
resolution is the adoption of a local
development plan and public investment
program.
Essential Requisites of a Valid
Ordinance
A.It must not contravene the Constitution or any
statute
B. It must not be unfair or oppressive
C.It must not be partial or discriminatory
D.It must not prohibit but may regulate trade
E. It must be general and consistent with public
policy
F. It must be reasonable.
Classification of Ordinances

1. General Ordinance
 An enactment pursuant to the sanggunian’s police power,
the principal objective of which is to promote the general
welfare of the community by prescribing certain
regulations.

2. Appropriation Ordinance
 A measure pursuant to the sangginian’s power of the purse, the
main aim of which is to allocate local funds for specific
programs, projects, activities, and purposes allowed by existing
laws.
3. Tax Ordinance
 An enactment pursuant to the sanggunian’s taxing or
revenue-raising power, the primary object of which is to
levy taxes or impose fees or charges for the financial
support of the LGU’s operations.
4. Special Ordinance
 A measure the function of which is to address any extra-
ordinary concern or special purpose.
Parts of an Ordinance

Title

• Gives a general description of what it intends to do or the


purpose it aims to accomplish, or the subject area that it
means to cover.
Enacting
Clause

• Indicate the ordinance’s bases of authority, or its source


of legislative jurisdiction.
Body

• It consists of the statement of


the policy, definition of terms,
specific mechanisms to
accomplish its goals,
structural or administrative
provisions, and monitoring or
reporting provisions.

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