ORDINANCE AND RESOLUTION
ORDINANCE VS RESOLUTION
• ORDINANCE is a law, a RESOLUTION is not as it is a mere
expression of the collective sentiments by Sanggunian
members.
• ORDINANCE is permanent in character, a RESOLUTION is
not.
• ORDINANCE is required to undergo 3 readings whereas a
Resolution is not.
PARTS OF A RESOLUTION
1. ASSIGNED NUMBER (c/o Barangay Secretary)
Ex. (Draft Resolution No.__)
2. TITLE/CAPTION (c/o Kagawad)
Should express in one sentence the substance of the entire Resolution.
3. “WHEREAS” Clause (c/o Kagawad)
Should give the reasons for the adoption of the Resolution in logical sequence.
Justification/Reason for its Approval.
PARTS OF A RESOLUTION
4. RESOLUTORY PORTION (c/o Kagawad)
Should reflect what the Sangguniang Barangay desires.
“NOW THEREFORE,…”
“RESOLVED,…”
Should show how it would reach the person or entity that would acts on the
Resolution.
“RESOLVED further,…”
6. CONCLUDING PORTION (c/o Barangay Secretary)
Should embody the date and place of approval, certification and attestation of
the Presiding Officer and Barangay Secretary.
RULES ON ENACTMENT OF ORDINANCES
(M A GTA JAS VS . P RY CE P RO PER T IE S, G R # 1 1 1 09 7 JU LY 20 , 1 9 94 )
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.
6. Must not be unreasonable.
PARTS OF AN ORDINANCE
1. ASSIGNED NUMBER (c/o Barangay Secretary)
Ex. (Draft Ordinance No. __)
2. TITLE/CAPTION (c/o Kagawad)
Title of an Ordinance “must not embrace more than one subject and that subject
must be expressed in the title thereof.”
Ex. AN ORDINANCE BANNING NUDISM IN PUBLIC PLACES
3. BRIEF EXPLANATORY NOTE (c/o Kagawad)
Justification/Reason for its Approval
PARTS OF AN ORDINANCE
4. ENACTING or ORDAINING CLAUSE
Enacting or Ordaining Clause, as its title implies, indicates, the enacting or
ordaining authority or the source of the ordinance.
Ex. “Be it ordained (or enacted) by the Sangguniang Barangay that:”
5. BODY TEXT (c/o Kagawad)
Ex. Section 1. Regulated Acts. No person shall appear nude in any public
place within the jurisdiction of this municipality.
Section 2. Definition. As used in this ordinance:
“Public Place” – includes all kinds of roads; parks; resorts; show houses and such
other places open to the public.
PARTS OF AN ORDINANCE
6. PENALTY CLAUSE (if any) (c/o Kagawad)
Ex. Section 3. Penalty. Violation of any of the provisions of this ordinance shall
be punished by a fine… or imprisonment… or both at the discretion of the
court.
7. SEPARABILITY CLAUSE (if any) (c/o Kagawad)
Ex. Section 10. Separability Clause – If any part of this Ordinance is declared
unconstitutional, unlawful, not valid or void such declaration shall not affect or
impair the remaining provisions, sections or parts hereof, which shall remain
valid or continue to be in full force and effect.
PARTS OF AN ORDINANCE
8. REPEALLING CLAUSE (if any) (c/o Kagawad)
Ex. Section 4. Repealing Clause. All ordinances, rules and regulations
or parts thereof, whose provisions are in conflict with, or contrary to,
the provisions of this ordinance are hereby repealed, amended, or
modified accordingly.
PARTS OF AN ORDINANCE
9. EFFECTIVITY CLAUSE
Ex. Section 5. This ordinance shall take effect upon its approval. (or specify date)
x x
I hereby certify to the correctness of the foregoing ordinance which was duly
enacted by the Sangguniang Barangay during its regular session held on (date).
Secretary to the Sanggunian
Approved:
Presiding Officer
AFTER PASSAGE OF BARANGAY ORDINANCES
( S E C 57 , R A 7 1 6 0 )
• Within ten (10) days after its enactment, the sangguniang barangay
shall furnish copies of all barangay ordinances to the sangguniang
bayan concerned for review as to whether the ordinance is consistent
with law and municipal ordinances.
• If the sangguniang bayan, fails to take action on barangay ordinances
within thirty (30) days from receipt thereof, the same shall be deemed
approved.
• If the sangguniang bayan finds the barangay ordinances inconsistent
with law or municipal ordinances, the sanggunian concerned shall,
within thirty (30) days from receipt thereof, return the same with its
comments and recommendations to the sangguniang barangay
concerned for adjustment, amendment, or modification; in which case,
the effectivity of the barangay ordinance is suspended until such time
as the revision called for is effected.
EFFECTIVITY OF AN ORDINANCE
(S EC 5 9 , R A 7 1 60 )
• The date stated or specified in the ordinance or the resolution
approving the local development plan and public investment
program;
• Unless otherwise stated in the ordinance or the resolution
approving the local development plan and public investment
program, the same shall take effect after ten (10) days from the
date a copy thereof is posted in a bulletin board at the entrance of
the provincial capitol or city, municipal, or barangay hall, as the
case may be, and in at least two (2) other conspicuous places in the
local government unit concerned.
PUBLICATION OF ORDINANCES
(S EC 5 9 , R A 7 1 60 )
• The secretary to the sanggunian concerned shall cause the
posting of an ordinance or resolution in the bulletin board
at the entrance of the provincial capitol and the city,
municipal, or barangay hall in at least two (2) conspicuous
places in the local government unit concerned not later
than five (5) days after approval thereof.
