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Legislative Issuances and Documents

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0% found this document useful (0 votes)
65 views32 pages

Legislative Issuances and Documents

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Minutes of Meetings,

Resolutions and
Ordinance Formulation
ORDINANCE RESOLUTION
-A local law, a ◼ An expression of the
regulation of a sentiments,
general, declaration of a will;
permanent opinion; decision or
nature, and a position on certain
rule established issues and matters of
by authority public interest and
-A legislative act only special or
passed by the temporary in
local council in character.
the exercise of
its law-making
authority
ORDINANCE RESOLUTION
Contains penal ◼ Cannot prescribe
penalties except
provisions penalties imposing
disciplinary actions
against erring
elective barangay
◼ Has to undergo 3 officials
readings in order
to be formally
approved or ◼ Need not go thru 3
enacted readings for its final
consideration
General Kinds of Ordinance

➢ Appropriation Ordinance
➢ General Ordinance
➢ Tax Ordinance
➢ Special Ordinance
Appropriation Ordinance – is an
ordinance whose primary aim is to
appropriate local funds for purposes
allowed by existing laws.

General Ordinance – is an ordinance


enacted by a local legislative body in
the exercise of its police power whose
primary aim is the general welfare of
the people by prescribing certain
regulatory measures.
Tax Ordinance – Is an ordinance
enacted by a local legislative body in
the exercise of the local government’s
units 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 the existing
law.

Special Ordinance – an ordinance


which is aimed for a special purpose.
Requisites of a Valid
Ordinance
• It must not contravene the
Constitution or any statute
• It must not be unfair or oppressive
• It must not be partial or discriminatory
• It must not prohibit but may regulate
trade
• It must be consistent with public
policy.
• It must be reasonable
Standards of Ordinance
Drafting

1. SIMPLICITY and BREVITY – clarity


of thoughts and construction
– Avoid unnecessary words
Standards of Ordinance
Drafting
2. Use of “shall” and “shall not”; “may”
and “may not”
• If action is mandatory, “shall” or “shall not” as
the case may be
• Example: Section 1. Regulated Act. Any person who
appears nude in any public place within the
jurisdiction of this barangay shall be penalized.

• If action is permissive, “may” or “may not” as


the case may be
• Example: Barangay residents who are below 18 years
of age may not attend the CIVAC scheduled on
Saturday, November 22, 2008.
Standards of Ordinance
Drafting
3. Exceptions or conditions should
follow the subject, rather than
putting them as provisions in
the end:
example:
All male barangay residents except
those below 18 or more than 40 years
old shall register for temporary police
force.”
Standards of Ordinance
Drafting
4. Write out numbers, no need to
write out equivalent in figures
Example: One, Two, Twenty Two
Exceptions:
• Dates – November 18, 2008
• Formulas – 2x +3y=5xy
• Tables – 3+3=6, 5-2=3
• Reference to statutes – Sec. 17 of Republic
Act No. 7160
Standards of Ordinance
Drafting
5. Avoid abbreviations, except for
A.M. and P.M.

6. Avoid uncommon Latin words,


use only those commonly used,
underline or italicize them;
examples: ex officio, en banc, ad
hoc
Standards of Ordinance
Drafting
7. General words following specific
words are limited to things relevant
to those enumerated ( of the same
kind)
Example:
• If a law refers to automobiles, trucks,
tractors, motorcycles and other motor-
powered vehicles, "vehicles" would not
include airplanes, since the list was of land-
Parts of an Ordinance
Republic of the Philippines
City of ________
Heading Barangay ________________

Ordinance No. _____


Ordinance No. Series of 2008

AN ORDINANCE PROHIBITING THE USE OF BARANGAY ROADS


Title FOR THE DRYING OF PALAY AND OTHER SIMILAR
PURPOSES
(Sponsored by Hon. David Garcia, Jr.)
Sponsor
Be it ordained by the Sangguniang Barangay that:
Enacting or
Ordaining Section 1. Prohibited Act. No person shall use any portion of
the public highway or any public road within the barangay of
Clause ______ for the drying of palay, corn, copra or any other cereal,
or for the drying of clothes or any commodity, or for any
other similar purposes.
Body Section 2. Penalty. Any person who violates this Ordinance shall
be punished as follows:
- First Offense: Administrative fine (compromise) of Two
Hundred Pesos (P200.00)
Penalty Clause - Second Offense: Administrative fine (compromise) of Four
Hundred Pesos (P400.00)
- Third Offense: Fine of Five Hundred Pesos to One Thousand
Pesos (P500.00- P1,000.00) at the discretion of the court.
Parts of an Ordinance
Section 4. Repealing Clause. All ordinances, rules and
Repealing regulations, or parts thereof, whose provisions are in
Clause conflict with, or contrary to, the provisions of this
ordinance are hereby repealed, amended, or modified
accordingly.
Effectivity Section 5. Effectivity. This Ordinance shall take effect
Clause immediately
ENACTED:___________________.
Date Enacted
I hereby certify to the correctness of the foregoing
Ordinance which was duly enacted by the Sangguniang
Barangay during their regular session held on
________________.
Certification by
________________________
the Secretary Barangay Secretary

Signed by the ATTESTED AND CERTIFIED


Punong TO BE DULY ENACTED:
Barangay ________________________
Punong Barangay
Effectivity of an
Ordinance
🞂 Effectivity Clause – sets the period of the effectivity of
the ordinance

🞂 Note: Section 59, RA 7160 provides: (a) Unless


otherwise stated in the ordinance…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…
barangay hall…and in at least two (2) conspicuous
places in the LGU.

🞂 (b) The secretary…shall cause the posting of an


ordinance or resolution in the bulletin board at the
entrance of the…barangay hall and in at least two (2)
conspicuous places…not later than five (5) days after
approval thereof.
Review of Barangay
Ordinances
🞂 (a) Within ten (10) days after its enactment, the sangguniang
barangay shall furnish copies of all barangay ordinances to the
sangguniang panlungsod or sangguniang bayan concerned for
review as to whether the ordinance is consistent with law and city
or municipal ordinances.
🞂 (b) If the sangguniang panlungsod or sangguniang bayan, as the
case may be, fails to take action on barangay ordinances within
thirty (30) days from receipt thereof, the same shall be deemed
approved.
🞂 (c) If the sangguniang panlungsod or sangguniang bayan, as the
case may be, finds the barangay ordinances inconsistent with law or
city 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
What is a Resolution?
A Resolution is an expression of the
sentiments; declaration of a will;
opinion; decision or position
being rendered by the members
if a deliberative body on certain
issues and matters of public
interests and having no
permanent value but only
temporary in character.
Parts of a Resolution
Republic of the Philippines
City of ________
Heading SANGGUNIANG KABATAAN
Barangay ________________

Resolution No.____
Resolution No. Series of 2008

“ A RESOLUTION REQUESTING THE DILG REGIONAL OFFICE, CEBU


Title of the CITY TO CONDUCT A SEMINAR ON LEADERSHIP AND TEAM
Resolution BUILDING FOR THE KATIPUNAN NG KABATAAN OF THIS
BARANGAY”
Sponsor/ (Sponsored by SK Kagawad Audrey Lee)
Author
WHEREAS, the youth is the hope of the fatherland;

“Whereas” WHEREAS, there is a need to train the youth who are members of
Clauses the Katipunan ng Kabataan of this barangay to make them
responsible future leaders;

NOW THEREFORE, on motion of__________ duly seconded


by__________________;
Parts of a Resolution
Resolutory RESOLVED, to request the DILG REGIONAL OFFICE, Cebu City to
Portion conduct a seminar on leadership and team building to the members of
the Katipunan ng Kabataan of this barangay;
RESOLVED FURTHER, to furnish a copy of this resolution to DILG City
Final Resolutory Director Jerome Gonzales for his information and appropriate action.
Portion
ADOPTED:________________________
CERTIFIED CORRECT:
Date Adopted
________________________
Barangay Secretary
Certification of
the Secretary ATTESTED AND CERTIFIED
TO BE DULY ADOPTED:
________________________
Punong Barangay

Attestation of the
Presiding Officer
Formats of A Resolution

• Standard Format
• Commission Format
STANDARD FORMAT
- is commonly used in private
organizations and is more appropriate in
resolutions containing a mere expression of
sentiments, desire, aspiration or will. In this
format, the Secretary certifies to the
correctness of the resolution which was
adopted by the members of the
organization. For his part, the Presiding
Officer attests to the fact that the resolution
was duly adopted. Hence, there is no need
for the members to sign the document.
Example of a Resolution using the “Standard Format”:
Republic of the Philippines
Province of Marcos
MUNICIPALITY OF AQUINO
BARANGAY AQUILINO
-oOo-
_________________________________________________________________
OFFICE OF THE SANGGUNIANG BARANGAY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE


SANGGUNIANG BARANGAY HELD AT THE SESSION HALL ON __________,
2014.

PRESENT :

ABSENT :
x---------------------------------------------------------------------------------------------------------x

RESOLUTION NO. ___

A RESOLUTION CONFIRMING THE APPOINTMENT OF MR. __________ AS


____________________________
WHEREAS, ______________________________________________;

WHEREAS, ______________________________________________;

NOW THEREFORE, on motion duly seconded, (or on motion of


________ duly seconded by ____________; or on motion of the Chairman
of the Committee on Good Governance with secondment from the
members of his committee), it was,

RESOLVED, to confirm the appointment of __________Mr.


____________________.

RESOLVED FURTHER, to send copies of this resolution to all the


officials and offices of the government concerned for their information.

ADOPTED. ______________________, 199 ___.


X-------------------------------------------------------------------------------------------------------x
I hereby certify to the correctness of the foregoing resolution which
was duly adopted by the Sangguniang Barangay during its regular session
held on ______________, 2014.

_________________________________
Barangay Secretary

ATTESTED AND CERTIFIED


TO BE DULY ADOPTED

________________
Presiding Officer
COMMISSION FORMAT

- As its title implies, this format is


commonly used by “Commissions” or
“Boards” exercising regulatory powers and
is applicable in resolutions containing
“decisions”, “position or stand on certain
issues”. In this format, all the members
concerned are required to affix their
signature as to the nature of their votes,
such as: “Concurring” or “Concurred In”;
“Dissenting” or “Dissented”; or
“Abstained”.
Example of a resolution using the COMMISSION
Format:
Republic of the Philippines
Province of Marcos
MUNICIPALITY OF AQUINO
BARANGAY AQUILINO
-oOo-
OFFICE OF THE SANGGUNIANG BARANGAY

In the Matter of PRESENT:


Confirming the
Appointment of
Mr. ___________________
As ____________________

Promulgated: ______________
RESOLUTION NO. ___

WHEREAS,_______________________________________________;

WHEREAS, _______________________________________________;

RESOLVED, to confirm, as it is hereby confirmed, the appointment


issued by Punong Barangay in favor of Mr. _______________ as
_________________________.

CONCURRING:
_____________________________ ___________________________
_____________________________ ___________________________
_____________________________ ___________________________

DISSENTING:
_____________________________ ___________________________

ABSTAINED:
_____________________________ __________________________
CERTIFIED TO BE DULY ADOPTED:
__________________________
Presiding Officer
ATTESTED:
_____________________________________
Barangay Secretary
MINUTES OF MEETING

• A minutes is a record of the


proceedings of a deliberative
body, containing, among other
things, a brief account of what
has taken place and not
necessarily what has been said
during a particular meeting or
session.
OUTLINE OF THE MINUTES OF
MEETING
The minutes should contain the following:
a. Date, place and time of session;
b. Whether the session is regular or special, a copy
of the call for such session;
c. The names of the members present and absent;
d. A statement confirming the approval of the
Minutes of the preceding session;
e. Textual copies of ordinances enacted and
resolutions adopted, showing:
1. Voting members;
2. Minority opinions, if any;
3. Main motions; and
4. Questions of order and appeal, and the
manner in which they were disposed.
f. The time of adjournment.
SALAMAT

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