An ordinance is a rule, law or statute adopted by a municipal legislative body. A resolution is a formal expression of the opinion or will of an official municipal body adopted.
TEST OF VALID ORDINANCE
- Must not contravene the Constitution or any statute;
- Must not be unfair or oppressive;
- Must not be partial or discriminatory;
- Must not prohibit but may regulate trade;
- Must be general and consistent with public policy; and
- Must not be unreasonable.
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A STATUTE
Local councils exercise only delegated legislative powers conferred on them by Congress as the national lawmaking body a vote.
As jurisprudence indicates, the tests are divided into the formal (i.e., whether the ordinance was enacted within the corporate powers of the LGU, and whether it was passed in accordance with the procedure prescribed by law), and the substantive (i.e., involving inherent merit, like the conformity of the ordinance with the limitations under the Constitution and the statutes, as well as with the requirements of fairness and reason, and its consistency with public policy).
DRAFTING CLEAR ORDINANCES: DO’S AND DON’TS
- Tips on Developing Ordinance Content.
- Be Able to Explain the Need. Elected officials often suggest consideration of an ordinance based on what a neighboring community has adopted.
- Make Sure You Have the Authority.
- Discuss the Draft.
- Use a Check List
- Proofread, and Proofread Again.
- Keep Good Records.
- End of excerpt.
TIPS FOR WRITING AND PASSING AN EFFECTIVE RESOLUTION
- Build a Broad Coalition.
- Study legislative processes in your town or city.
- Focus on using mandatory language (“shall” “must” “will”, etc.)
- Be textually accurate.
- Allow for revisions.
- Maintain your community network.
REPUBLIC ACT NO. 7160 OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES
SECTION 48. Local Legislative Power. – Local legislative power shall be exercised by the Sangguniang Panlalawigan for the province; the Sangguniang Panlungsod for the city; the Sangguniang Bayan for the municipality; and the Sangguniang Barangay for the barangay.
SECTION 50. Internal Rules of Procedure. – (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the Sanggunian concerned shall adopt or update its existing rules of procedure.
(b) The rules of procedure shall be provided for the following:
(1) The organization of the Sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members during sessions;
(5) The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled: Provided, That the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian members: Provided, further, That a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian; and
(6) Such other rules as the Sanggunian may adopt
SECTION 52. Sessions. – (a) On the first day of the session immediately following the election of its members, the Sanggunian shall, by resolution, fix the day, time, and place of its regular sessions. The minimum number of regular sessions shall be once a week for the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan, and twice a month for the Sangguniang Barangay.
(b) When public interest so demands, special sessions may be called by the local chief executive or by a majority of the members of the Sanggunian.
(c) All Sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two (2) sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the Sanggunian, a written notice to the members shall be served personally at the member’s usual place of residence at least twenty-four (24) hours before the special session is held. Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
(e) Each sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sanggunian concerned.
SECTION 53. Quorum. – (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact o៛social business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
(b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned, to arrest the absent member and present him at the session.
(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
SECTION 54. Approval of Ordinances. – (a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan shall be presented to the provincial governor or city or municipal mayor, as the case may be. If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the local chief executive concerned to the sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed it. (c) Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of all its members, be signed by the punong barangay.