ORDINANCE and RESOLUTION defined

An ORDINANCE is a local law that prescribes rules of

conduct of a general, permanent character. It continues
to be in force until repealed or superseded by a
subsequent enactment of the local legislative body.

A RESOLUTION is a mere expression of the opinion or

sentiment of the local legislative body on matters
relating to proprietary function and to private concerns.
It is temporary in character.

Ref: Article 107, IRR of RA 7160

ELEMENTS OF AN ORDINANCE
1. TITLE (Long)
“AN ORDINANCE PROVIDING FOR AN
ECOLOGICAL SOLID WASTE MANAGEMENT,
PRESCRIBING FEES FOR SOLID WASTE
MANAGEMENT SERVICES, DECLARING CERTAIN
ACTS PROHIBITED AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES”

TITLE (Short)
“The LUPON ECOLOGICAL SOLID WASTE
MANAGEMENT ORDINANCE OF 2010”
ELEMENTS OF AN ORDINANCE
2. ENACTING CLAUSE OR ORDAINING CLAUSE
“BE IT ENACTED/ORDAINED by the Sangguniang
Bayan in session assembled that:”

3. BODY OR CENTRAL PROVISIONS

Section 1. Declaration of Policy
Section 2. Definition of Terms
Section 3. Administrative Provisions
Section 4. Appropriations

4. PENALTY CLAUSE
Section 5. Penalty
ELEMENTS OF AN ORDINANCE
5. REPEALING CLAUSE

Section 5. Repealing Clause – All ordinances, rules

and regulations, or parts thereof, whose provisions are
in confict with or contrary to the provisions of this
ordinance are hereby repealed, amended and modified
accordingly.

6. EFFECTIVITY CLAUSE

Section 6. Effectivity Clause – This ordinance shall

take effect upon its approval.
GENERAL KINDS OF ORDINANCES

1. GENERAL ORDINANCE – refers to an ordinance

enacted by a sanggunian in the exercise of its
POLICE POWER whose primary aim is the general
welfare of the people by prescribing certain
regulatory measures.

2. APPROPRIATION ORDINANCE – refers to an

ordinance whose primary aim is to appropriate local
funds for purposes allowed by existing laws.
GENERAL KINDS OF ORDINANCES

3. TAX ORDINANCE – refers to an ordinance enacted

by the sanggunian in the exercise of the local
government unit’s TAXING POWER whose primary
purpose is to raise local revenues thru the imposition or
levying of taxes, fees and charges subject to certain
limitations prescribed by existing law.

4. SPECIAL ORDINANCE – refers to an ordinance

aimed to address a special purpose.
CARDINAL RULES IN ENACTING
ORDINANCES
1. It must be in harmony with the Constitution, laws
statutes as well as general principles of law and equity;
in a sense, it must be consistent with public policy and
must not contravene human rights.

2. It must be enacted in good faith, in the public interest,

and designed to enable the LGU to perform its
functions.

3. It must extend only to subjects or matters which are

within the powers of the sanggunian to enact.
CARDINAL RULES IN ENACTING
ORDINANCES
4. It must be reasonable in its terms.

5. It must not be partial or discriminatory.

6. It must not restraint, but may regulate trade.

7. It must be adopted by an authorized

sanggunian, legally convened.
PROCEDURAL STEPS IN ENACTING
ORDINANCES AND RESOLUTIONS

Phase 1. Introduction or Sponsorship

Phase 2. Committee Deliberation and Action

- Committee/Public Hearing
- Committee Report with Recommendation

Phase 3. Sanggunian Deliberations

- ordinance is read in its entirety on second
reading.
- the measure is subjected to debate and
amendments.
PROCEDURAL STEPS IN ENACTING
ORDINANCES AND RESOLUTIONS

Phase 4. Third Reading and Final Voting

- the measure is voted upon on third reading

Phase 5. Approval and Review

- the measure is presented to the LCE for action

Phase 6. Publication and Effectivity

In the enactment of ordinances and
adoption of resolutions, Article 107, IRR of
RA 7160 prescribed the following rules:

1. A resolution shall be enacted in the same manner

prescribed for an ordinance, except that it need not go
through a third reading for its final consideration unless
decided otherwise by a majority of the sanggunian
members present.
2. No ordinance or resolution shall be considered on
second reading in any regular meeting unless it has
been reported out by the proper committee to which it
was referred or certified as urgent by the LCE.
In the enactment of ordinances and
adoption of resolutions, Article 107, IRR of
RA 7160 prescribed the following rules:

3. Any legislative matter duly certified by the LCE as

urgent whether or not it is included in the calendar of
business may be presented and considered by the body
at the same meeting without need of suspending the
rules.
4. No ordinance or resolution passed by the Sanggunian
in a regular or special session duly called for the
purpose shall be valid unles approved by a majority of
the members present, there being a quorum.
CONDUCTING A SANGGUNIAN SESSION

The Different Kinds of Sessions

1. Inaugural Session – the first session of the

Sanggunian upon assumption to office of its members.

2. Regular Session – the succeeding sessions; the time,

date, and place of which has already been fixed and
agreed upon by the members during the inaugural
session; as its name implies, it is regular in nature.

3. Special Session – refers to the session in between

the regular sessions which is being called for special
purposes.
CONDUCTING A SANGGUNIAN SESSION
The Different Kinds of Sessions

4. Adjourned Session – refers to a session which is

being adjourned from hour to hour or from day to day
due to the absence of a quorum.
5. Sine Die Session – refers to a session which has
been adjourned beyond midnight (12:00MN) or even
beyond the next day without adjournment.
The term “sine die” means “without day” and therefore if
the session started on a Monday but was extended up
to the next day or Tuesday without adjournment the
records would show that the day of the session
conducted was still Monday albeit in actuality the day is
Tuesday.
CONDUCTING A SANGGUNIAN SESSION

A session refers to a single meeting or a series of

meetings which may last for one-half day or for a
number of days until the purpose for which the meeting
is called is transacted.

A basic requirement for the conduct of an effective

session is an AGENDA or what is referred to in
legislative bodies as the “ORDER OF BUSINESS”.

The ORDER OF BUSINESS is simply the order in

which the sanggunian considers items of legislative
business.
The Order of Business contains the following:
I. Call to Order
II. National Anthem and Invocation
III. Roll Call
IV. Reading and Consideration of the Minutes of the Previous Session
V. Privilege Hour
VI. Question Hour
VII. First Reading and Referral of Measures or Communications
1. Proposed Ordinances
2. Proposed Resolutions
3. Petitions or Requests
4. Other Communication
VIII. Committee Reports
IX. Calendar of Business
1. Unfinished Business
2. Business of the Day
3. Unassigned Business
X. Business of Third and Final Reading
XI. Other Matters (Announcement)
XII. Adjournment