Ordinances and Resolutions Distinguished

Differences:

Ordinance Resolutions
Intended to permanently direct and control Merely and opinion of a legislative body which
matters applying to persons or things in general have only of a temporary nature.
(Sps. Yusay v. Court of Appeals, Gr. No. 156684,
2011)
An ordinance possesses a general and permanent a resolution is merely a declaration of the
character. sentiment or opinion of a lawmaking body on a
(Sps. Yusay v. Court of Appeals, Gr. No. 156684, specific matter
2011) (Sps. Yusay v. Court of Appeals, Gr. No. 156684,
2011)

It must go through the Three (3) Reading rule as Although enacted in the same manner
part of legislative process prescribed for an ordinance, the same need
not undergo the required Three (3) reading
rule unless the sanguniang so agrees.
(A.O. No. 270, Art. 107 (c))

Ordinances cover the following: Resolutions include but not limited to:
Environment Protection Measures
a) Adopting or Updating Internal Rules of
Planning and Zoning Ordinances Procedure that shall contain as follows:

The organization of the sanggunian and the

Solid Waste Management
Other ordinances necessary to ensure the
efficient and effective delivery of basic
services and facilities provided under Sec.
17 of R.A. 7160 otherwise known as the
Local Government Code of 1991.
(R.A. 7160, sec. 458)
election of its officers, as well as the
creation of standing committees which
shall include among others, the
committees on appropriations, women and
family, human rights, youth and sports
development, environmental protection,
and cooperatives; the general jurisdiction
of each committee; and the election of the
chairman and members of each committee
provided the sectoral representatives shall
automatically chair the committee
corresponding to their sectoral group. The
president of the local chapters of the liga
ng mga barangay in provincial, city, or
municipal level shall likewise automatically
chair the committee on barangay affairs or
its equivalent.

The order and calendar of business for

each session;
The legislative process

The parliamentary procedures which

include the conduct of members during the
sessionThe discipline of members for
disorderly behavior and absences without
justifiable causes for four (4) consecutive
 sessions, for which they may be censured,
reprimanded, or excluded from the
session, suspended for not more than sixty
(60) days, or expelled provided that the
penalty of suspension or expulsion shall
require the concurrence of at least two-
thirds (2/3) vote of all the sanggunian
members and provided further that a
member convicted by final judgment to
imprisonment of at least one (1) year for
any crime involving moral turpitude shall
be automatically expelled from the
sanggunian
(A.O. No. 270, Art. 103 (b))

b) The Regular Session of the Sanguniang

which includes the fixing of date, time
and place thereof. (Sec. 50 of R.A. 7160)

c) Matters relating to proprietary

functions and to private concerns shall
also be acted upon by resolution.
(A.O. No. 270, Art. 107 (A))
 Ordinances and Resolutions distinguished

Similarities:

Ordinances and Resolutions

Substantive Aspect A)
Both enjoy Presumption of Validity unless
invalidated by the proper courts.
Cannot contain irreparable provisions
Must contain one general subject with
germane provisions
Must not allow what is otherwise
prohibited by law
(Prycegas v. Magtajas, 20 january 1994)

B) Both must comply with the test for Valid

Ordinance and Resolutions.

Must be consistent with national Laws and

the Constitution
Must not be oppressive
Must not prohibit but may regulate trade
Must be clear and not vague
Must not be discriminatory but may classify
Must be reasonable
Must be consistent with public policy
(City of Manila v Judge Laguio, G.R. No.
118127. April 12, 2005)

Procedural Aspect Ordinances must be enacted in the same

manner as national laws. Hence must
comply with the Three (3) Reading Rule.

A resolution shall be enacted in the same

manner prescribed for enacting ordinance.
(A.O. No. 270, Art. 107 (c))

Requirement of Quorum No ordinance or resolution passed by the

sanggunian in a regular or special session duly
called for the purpose shall be valid unless
approved by a majority of the members
present, there being a quorum.
(A.O. No. 270, Art. 107 (g))
Approval of Ordinances and Resolutions
Local Chief Executives Veto Power
Effectivity of Ordinances and Resolutions.
Every ordinance enacted by the sanggunian
shall be presented to the local chief executive.
If the local chief executive concerned approves
the same, he shall affix his signature on each
and every page thereof; otherwise, he shall
veto it and return the same with his objections
to the sanggunian, which may proceed to
reconsider the same.
(A.O. No. 270, Art. 108 (a))
Both Ordinances and Resolutions are subject to
the approval or Veto power of the Local Chief
Executive.
The Sanguniang, however, may override the
veto of the local chief executive by two-thirds
(2/3) vote of all its members thereby making
the ordinance or resolution effective for all
legal intents and purposes.
(A.O. No. 270, Art. 108 (a))
Unless otherwise stated in the ordinance or
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 LGU concerned.
(A.O. No. 270, Art. 113)