Handout for ABPOLSC-E 001
(Parliamentary Practice and Procedure)
Lesson 1: Resolutions and Ordinances
Resolution – a formal and written motion adopted
by a deliberative body. The purpose of a resolution
is to bring a substantive proposal before the House
of Delegates, for its consideration and decision
(and/or action). It is the intent of a resolution to
commit the organization to the stated proposal.
Parts of a Resolution:
1. Heading – includes the names of the
sponsors and signatories of the draft, and the
topic it attempts to address.
2. Preamble/ Preambular Clauses – the
preambular clauses, which typically start
with the word “whereas,” give a background
on why the body is passing its resolution.
These clauses can refer to the following
aspects:
 The topic itself
 The occasion of consideration of the
topic
 Recent incidents, and recent
developments
 Previous resolutions
 The constitution
 Local history or community
characteristics
3. Operative Clauses - contains all the
solutions that the sponsor(s) of the
resolutions propose. These clauses set out
actual solutions and initiatives for the
committee to undertake. Operative clauses,
which typically start with “be it resolved”
followed by an active, present tense verb
(like “affirms” or “encourages”), call upon
certain bodies to act. These clauses can
contain the following aspects:
 Recommendations for specific action
 Statements of opinions
 Requests for further consideration or
monitoring
Prepared by: Mr. Justin Paul D. Gallano
Faculty Member – College of Arts, T.I.P. Manila
MIDTERM
Ordinance – a local law of a municipal
corporation, duly enacted by the proper authorities,
prescribing general, uniform and permanent rules of
conduct relating to the corporate powers of the local
government unit. An act passed by the local
legislative body in the exercise of its law-making
authority.
Test of Valid Ordinance:
1. Must not contravene the Constitution or any
statute;
2. Must not be unfair or oppressive;
3. Must not be partial or discriminatory;
4. Must not prohibit but may regulate trade;
5. Must be general and consistent with public
policy; and
6. Must not be unreasonable.
Most Common Types of Ordinances:
1. Appropriation Ordinance – an ordinance
whose primary aim is to appropriate local
funds for purposes allowed by existing laws.
It is a pre-requisite before local funds could
be spent.
2. Tax Ordinance – an ordinance enacted by
the local legislative body in the exercise of
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 law.
3. Special Ordinance – an ordinance which is
aimed for a special purpose with a non-
repetitive nature.
4. General Ordinance – an ordinance enacted
by a legislative body in the exercise of its
police power whose primary aim is the
general welfare of the people by prescribing
certain regulatory measures. 
Parts of an Ordinance:
1. Heading – should indicate the originating
local government unit like a barangay,
municipality/city, or province.
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Handout for ABPOLSC-E 001 MIDTERM
(Parliamentary Practice and Procedure)
 Example: 8.  Effectivity Clause – indicates the date when
Republic of the Philippines the ordinance shall take effect. This
Province of XXX typically requires the posting of an
Municipality of XXX announcement in common areas or
Barangay XXX publication in newspapers. (Refer to the
2. Assigned Number – The numerical series in Local Government Code of 1991 for rules
order of the local ordinance. on publication.)
 Example: Barangay Ordinance No.
069, s. 2020
Lesson 2: Constitution and Bylaws
3. Title – The title of an ordinance must not
embrace more than one subject and that the  Having a constitution and bylaws as separate
subject must be expressed in the title documents is not necessary; one document
thereof. suffices, generally referred to as the bylaws.
4. Enacting or Ordaining Clause – indicates
Constitution – the codified document which
the enacting or ordaining authority or the
contains the aims and rules that a group will use.
source of the ordinance.
It’s a statement of what the group is going to do and
 Example: “Be it Ordained by the
how it is going to do it. It is important because:
Sangguniang Barangay of Barangay
XXX, Municipality of XXX,  Without this written understanding, people
Province of XXX” can easily find themselves at cross purposes
5. Penal Clause – indicates the provision of and the jobs won’t get done
penalty on the violation of the ordinance.
 It will serve as a reference, and help to
This shall only apply to ordinances which
resolve problems in times of controversy
defines a crime and/or violation and seeks to
penalize any infraction of it.  Outsiders, especially potential funders, will
6. Repealing Clause - announces the prior want to see that your group is democratic
ordinances or specific provisions which and accountable. This involves having a
have been abrogated by reason of the clear procedure by which decisions are
enactment of the new ordinance. made.
 Example: “All ordinances, orders,
Constitution Checklist:
issuances, rules and regulations or
parts thereof inconsistent with this  In crafting a Constitution, the following
Ordinances are hereby repealed or questions must be answered:
modified accordingly.” o What is the name and purpose of this
7. Separability Clause – provides that in the group?
event that one or more provisions or o Who can be members and what are
unconstitutional, the remaining provisions their rights and responsibilities?
shall still be in force. o Who can be officers and what are
 Example: “Should any provision of their duties?
this Ordinance or any part thereof be o Generally, when and how are
declared invalid, the other members and officers selected or re-
provisions, insofar as they are elected?
separable from the invalid ones, shall
remain in full force and effect.”
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Faculty Member – College of Arts, T.I.P. Manila © 2020 | NOT FOR SALE
Handout for ABPOLSC-E 001
(Parliamentary Practice and Procedure)
o If the need arises, how are officers or
members removed?
o How are meetings called and how
are they run?
o Will there be standing committees?
How will they be established and
what are their duties?
o Are there Bylaws or operating
procedures?
o How can the constitution, Bylaws
and operating procedures be
amended?
Bylaws – a document adopted by an organization
which contains the basic rules for governing that
organization. In the most basic sense, provided that
the constitution and bylaws exist as two separate
documents, the bylaws serve as the operative
document for the constitution.
Sample Outline of Bylaws:
ARTICLE I. Name
The exact and properly punctuated name should be
used.
ARTICLE II. Object
A brief general statement of purpose.
ARTICLE III. Membership
This article usually will have several sections
dealing with membership qualifications,
classifications (if any), acceptance and resignation
procedures. Unless members’ financial obligations
are complicated, this Article should also include a
section on required fees and dues and procedures
for payment and notification of members if
delinquent.
ARTICLE IV. Officers
This will include sections naming officers,
qualifications for office, terms of office, duties and
procedures for election or appointment and for
filling vacancies.
Prepared by: Mr. Justin Paul D. Gallano
Faculty Member – College of Arts, T.I.P. Manila
MIDTERM
ARTICLE V. Meeting
This will include sections on regular meetings (hour
for this is better set in the Standing Rules), annual
meetings and special meetings. It also includes a
section establishing quorums for meetings.
ARTICLE VI. Governing Board
(Executive Board, Board of Directors, etc.)
The Article includes sections to establish
composition of the Board, to specify powers
delegated to the Board and to set meeting and
quorum requirements of the Board.
ARTICLE VII. Committees
This Article specifies necessary Standing
Committees and duties of each. It also should
include a section on special committees, how they
shall be created and how committee members are
appointed.
ARTICLE VIII. Finances (if necessary)
This Article would include sections on financial
policies and budgeting.
ARTICLE IX. Dissolution
Most organizations of any size and/or complexity
include this Article to provide for disposition of
assets in the event of dissolution of the
organization.
ARTICLE X. Parliamentary Authority
Robert’s Rules of Order, Newly Revised, is the
recommended authority.
ARTICLE XI. Amendments
This will include requirements for amending
bylaws. The accepted form is: Bylaws may be
amended at any meeting provided that the
amendments have been submitted (preferably in
writing) to the membership within a specified
number of days prior to action on these
amendments.
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Handout for ABPOLSC-E 001
(Parliamentary Practice and Procedure)
Lesson 3: Types and Classification of Statutes (in
the Philippines)
Law – rule of conduct formulated and made
obligatory by a legitimate power of the state.
Statute – an act of legislature as an organized body,
expressed in the form, and passed according to the
procedure, required to constitute it as part of the law
of the land. A statute starts as a bill.
Bill – is the draft of a proposed law from the time of
its introduction in a legislative body through all the
various stages in both houses. It is enacted into law
by a vote of the legislative body. An “Act” is the
appropriate term for it after it has been acted on and
passed by the legislature.
Parts of Statute:
1. Title – the heading on the preliminary part,
furnishing the name by which the act is
individually known. It is usually prefixed to
the statute in the brief summary of its
contents.
2. Preamble – part of statute explaining the
reasons for its enactment and the objects
sought to be accomplished. Usually, it starts
with “whereas”.
3. Enacting clause – part of statute which
declares its enactment and serves to identify
it as an act of legislation proceeding from
the proper legislative authority. “Be
enacted” is the usual formula used to start
this clause.
4. Body – the main and operative part of the
statute containing its substantive and even
procedural provisions. Provisos and
exceptions may also be found.
5. Repealing Clause - announces the prior
statutes or specific provisions which have
been abrogated by reason of the enactment
of the new law.
Prepared by: Mr. Justin Paul D. Gallano
Faculty Member – College of Arts, T.I.P. Manila
MIDTERM
6. Saving Clause – restriction in a repealing
act, which is intended to save rights,
pending proceedings, penalties, etc. from the
annihilation which would result from an
unrestricted repeal.
7. Separability Clause – provides that in the
event that one or more provisions or
unconstitutional, the remaining provisions
shall still be in force.
8. Effectivity Clause – announces the
effective date of the law.
Classifications of Statutes:
1. General Law – affects the community at large.
That which affects all people of the state or all
of a particular class.
2. Special Law – designed for a particular purpose
or limited in range or confined to a prescribed
field of action on operation.
3. Local Law – relates or operates over a
particular locality instead of over the whole
territory of the state.
4. Public Law – a general classification of law,
consisting generally of constitutional,
administrative, criminal, and international law,
concerned with the organization of the state, the
relations between the state and the people who
compose it, the responsibilities of public
officers of the state, to each other, and to private
persons, and the relations of state to one
another. Public law may be general, local or
special law.
5. Private Law – defines, regulates, enforces and
administers relationships among individuals,
associations and corporations.
6. Remedial Statute – providing means or method
whereby causes of action may be effectuated,
wrongs redressed, and relief obtained.
7. Curative Statute – a form of retrospective
legislation which reaches back into the past to
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Handout for ABPOLSC-E 001
(Parliamentary Practice and Procedure)
operate upon past events, acts or transactions in
order to correct errors and irregularities and to
render valid and effective many attempted acts
which would otherwise be ineffective for the
purpose intended.
8. Penal Statute – defines criminal offenses
specify corresponding fines and punishments.
9. Prospective Law – applicable only to cases
which shall arise after its enactment.
10. Retrospective Law – looks backward or
contemplates the past; one which is made to
affect acts or facts occurring, or rights
occurring, before it came into force.
11. Affirmative Statute – directs the doing of an
act or declares what shall be done.
12. Negative Statute – prohibits the things from
being done or declares what shall not be done.
13. Directory Statute – operates
discretion on a person.
14. Mandatory Statutes – generic term describing
statutes which require and not merely permit a
course of action.
Types and Hierarchy of
Philippines):
1. Constitution – a written instrument by
which the fundamental powers of
government are established, limited, and
defined, and by which these powers are
distributed among several departments, for
their more safe and useful exercise, for the
benefit of the body politic.
2. National Laws (Statutes) and
International Treaties/Agreements
 Statutes
o Act (Act) – statutes enacted by
the Philippine government
under United States
sovereignty. (1900-1935)
Prepared by: Mr. Justin Paul D. Gallano
Faculty Member – College of Arts, T.I.P. Manila
MIDTERM
o Commonwealth Act (CA) –
statutes enacted by the
Philippine Commonwealth.
(1935-1946)
o Republic Act (RA) – a piece
of legislation used to create
policy in order to carry out the
principles of the Constitution.
It is crafted and passed by the
Congress of the Philippines and
approved by the President of
Philippines. It can only be
repealed by a similar act of
Congress. (1946-1972; 1987-
present)
o Batas Pambansa (BP) –
statutes enacted by the
Batasang Pambansa. (1978-
1985)
 International Treaties/Agreements –
to confer Under the 1987 Constitution,
international law can become part of
the sphere of domestic law either by
transformation or incorporation. The
transformation method requires that an
international law be transformed into a
Laws (in the domestic law through a constitutional
mechanism such as local legislation.
The incorporation method applies
when, through a mere constitutional
declaration, international law is
deemed to have the force of domestic
law.
3. Administrative Issuances to Implement
National Laws (Presidential/Executive
Issuances)
 Executive Order (EO) – acts of the
President providing for rules of a
general or permanent character in the
implementation or execution of
constitutional/statutory powers.
(Administrative Code of 1987, Book
III, Chapter 2, Section 2)
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(Parliamentary Practice and Procedure)
 Administrative Order – acts of the lawmaking powers of Congress.
President which relate to particular Only President Marcos issued
aspects of governmental operations Presidential Decrees. (1972-1986)
in pursuance of his duties as  Letter of Instruction (LOI) –
administrative head. (Administrative instructions made by President
Code of 1987, Book III, Chapter 2, Ferdinand E. Marcos to serve as a
Section 3) source of instruction for other
 Presidential Proclamation – acts of government officers.
the President fixing a date or 4. Ordinances by Local Government Units
declaring a statute or condition of  Barangay Ordinance – enacted by
public moment or interest, upon the the Sangguniang Barangay; subject
existence of which the operation of a to review by the Sangguniang Bayan
specific law or regulation is made to or Sangguniang Panlungsod
depend. (Administrative Code of  Municipal Ordinance – enacted by
1987, Book III, Chapter 2, Section 4) the Sangguniang Bayan; subject to
 Memorandum Order (MO) – acts approval of Mayor and subject to
of the President on matters of review of the Sangguniang
administrative details or of Panlalawigan
subordinate or temporary interest  City Ordinance – enacted by the
which only concern a particular Sangguniang Panlungsod; subject to
officer or office of government. approval of Mayor and, if component
(Administrative Code of 1987, Book thereof, subject to review of
III, Chapter 2, Section 5) Sangguniang Panlalawigan
 Memorandum Circular (MC) –  Provincial Ordinance – enacted by
acts of the president on matters Sangguniang Panlalawigan; subject
relating to internal administration to approval of Governor.
which the President desires to bring
to the attention of all or some of the
departments, agencies, bureaus, or
offices of the government, for
information of compliance.
(Administrative Code of 1987, Book
III, Chapter 2, Section 6)
 General or Specific Order – acts
and commands of the President in his
capacity as Commander-in-Chief of
the Armed Forces of the Philippines
(AFP). (Administrative Code of
1987, Book III, Chapter 2, Section 7)
 Presidential Decree – an innovation
made by President Ferdinand E.
Marcos with the proclamation of
Martial Law. They served to arrogate
unto the Chief Executive the
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Prepared by: Mr. Justin Paul D. Gallano
Faculty Member – College of Arts, T.I.P. Manila © 2020 | NOT FOR SALE