LOCAL LEGISLATION 101: BUILDING YOUR ROADMAP FOR GOVERNANCE

ORDINANCES
and
RESOLUTIONS
 LOCAL LEGISLATION 101: BUILDING
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ORDINANCE
Article 107, IRR of RA 7160:
Is a LEGISLATIVE ACT which is general
and permanent in character
SC En Banc: Garcia v. COMELEC (1994):
Is intended to permanently DIRECT
and CONTROL action and imposes
penalties for violation
LAW of LOCAL Application
DUTY to be performed by the local
legislative body
 LOCAL LEGISLATION 101: BUILDING
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RESOLUTION
SC En Banc: Garcia v. COMELEC:
a collective expression or statement of
opinion/position on certain matters /issues
by a constituent assembly, but is not a LAW

does not bind action the public (no

compulsion) (binds only the issuing authority)

not required to performed (not a duty) except

when specifically required for validity of
certain government action
 LOCAL LEGISLATION 101: BUILDING
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REQUIRED RESOLUTION
1. Authorizing the LCE to enter into a contracts,
secure loans, including the floating of bonds
2. Authorizing the LCE to lease to private parties
properties owned by the LGU
3. Concurring with the appointments issued by
the LCE to heads of Departments and offices

4. Approval of the Local Development Plan

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ORDINANCES V. RESOLUTIONS
LAW NOT A LAW
Creates demandable Does not create demandable
rights and obligations rights and obligations
Binding on all covered Binding only on the
issuing authority
Exacts compliance Does not exact compliance
Imposes penalty for Does not impose penalty
for violation
PERMANENT TEMPORARY
Effective until repealed Co-terminous with the
approving authority
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ORDINANCES V. RESOLUTIONS
LAW NOT A LAW
Required to be published Does not require posting
or posted or publication

Only a legislative May be passed by any

authority may pass it deliberative assembly
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CHARACTERISTICS OF A GOOD
ORDINANCE/RESOLUTION
SUBSTANTIVE TEST:
Responsive to the collective needs of the
people in the community
Within the scope of the powers and authority
of the promulgating authority
Not violative of the Constitution and Statutes
Embraces only one subject matter expressed in
its title
Reasonable
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CHARACTERISTICS OF A GOOD
ORDINANCE/RESOLUTION
FORMAL/PROCEDURAL TEST:
Embraces only one subject matter expressed in its
title
Clear and unequivocal terms
Sufficiently Binding
Assured of implementation
Supported with necessary resources
Supported with necessary resources
Three readings (unless excepted)
Published/Posted
 LOCAL LEGISLATION 101: BUILDING
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Regulating the sale of a

chemical compound commonly
known as rugby and prohibiting
hardware stores and other
establishments within the city to
sell to minors such chemical
compound or its derivatives,
imposing additional sales tax for
the sale of this chemical, and
providing penalties therefor:

Published/Posted
 LOCAL LEGISLATION 101: BUILDING
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Declaring TB control as the No. 1

Public Health Program for the period
1998-2004 and authorizing the Mayor to
create an anti-TB Task Force composed of
the City Health Officer, representative
from local medical, nursing and
midwifery schools, hospital and civic
organizations, private medical
practitioners and requesting assistance
from the Department of Health to adopt
an Anti-TB Campaign in the entire
country.
 LOCAL LEGISLATION 101: BUILDING
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ORDINANCE/RESOLUTION WRITING

ACTIVITY:

NAME THAT PART!

LOCAL LEGISLATION 101: BUILDING
YOUR ROADMAP FOR GOVERNANCE

PARTS OF AN
ORDINANCE
 LOCAL LEGISLATION 101: BUILDING
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 LOCAL LEGISLATION 101: BUILDING
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1 Caption
2 Proposed Ordinance No.__
3 Title
4 Explanatory Note
5 Body of Explanatory Note
6 Proposed Ordinance No.
7 Title
8 Enacting Clause

9 Body of the Ordinance

10 Separability Clause
11 Repealing Clause
12 Effectivity Clause
13 Enactment Date
14 Secretarys Certification on correctness
15 Name/Sig of the Sec
16 Attestation Clause
17 18 Approval Clause
Name/Sig of the Presiding Ofcr
19 Name/Sig of the LCE
 LOCAL LEGISLATION 101: BUILDING
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1 Caption
2 Ordinance No.__
3 Title
4 Author/s
5 Enacting Clause

6 Body of the Ordinance

7 Separability Clause
8 Repealing Clause
9 Effectivity Clause
10 Enactment Date
11 Secretarys Certification on correctness

12 Name/Sig of the Sec

13 Attestation Clause
14 15 Approval Clause
Name/Sig of the Presiding Ofcr
16 Name/Sig of the LCE
LOCAL LEGISLATION 101: BUILDING
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PARTS OF A
RESOLUTION
 LOCAL LEGISLATION 101: BUILDING
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1 Caption
2 Resolution No. ___
3 Title
4 Authors

5 Whereas Clauses

6 Concluding Clause
7 Resolving Clause
8 Copies
9 Approval Date
10 Secretarys Certification as to correctness
11 Name/Sig of the Sec
12 Attesting Clause
14 Approval Clause
13 Name/Sig of the Pres Ofr
15 Name /Sig of the LCE
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PUTTING AN ORDINANCE/RESOLUTION
TOGETHER

ACTIVITY:

The WHOLE IS GREATER THAN

The SUM OF ITS PARTS
 LOCAL LEGISLATION 101: BUILDING
YOUR ROADMAP FOR GOVERNANCE

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 LOCAL LEGISLATION 101: BUILDING
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13 ATTESTED:

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 LOCAL LEGISLATION 101: BUILDING
YOUR ROADMAP FOR GOVERNANCE

1 Republic of the Philippines

CITY GOVERNMENT OF NAGA
TANGGAPAN NG SANGGUNIANG PANLUNGSOD

5
 LOCAL LEGISLATION 101: BUILDING
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8 Let copies of this Resolution be furnished the Honorable City Mayor for his concur-
rence and the CASURECO II General Manager for his appropriate action.
9

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12 ATTESTED:
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LOCAL LEGISLATION 101: BUILDING
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