Professional Documents
Culture Documents
OF
ORDINANCES
CODIFICATION
• Codification is the process of collecting, classifying,
revising and supplementing the Ordinances of a
local government unit. It is a complete and
systematic process that the end product is a new
enactment-a Code. This Code, when finally
adopted by the Sanggunian, embodies all the
Ordinances, past and present, of the LGU and is,
therefore, the repository of the body of rules and
regulations institutionalizing local legislation for their
proper enforcement.
CODIFICATION OF ORDINANCES
General steps in the codification
process:
1. Compilation
• To gather and collate all existing Ordinances of the
LGU from the files of the office of the Sanggunian
Secretary and the office of the LCE or the
Sangguniang Panlalawigan.
CODIFICATION OF ORDINANCES
2. Inventory
• The inventory should be able to inform the codifier and his staff
what ordinances are (a) missing, (b) amended, (c) repealed, or
(d) obsolete, in the following format:
INVENTORY OF ORDINANCES
Date Enacted
Ord. No. Source Subject Status
Series
Secretary’s Plaza and Park Original
1 1991 Office Traffic Rules
CODIFICATION OF ORDINANCES
3. Classification
CODIFICATION OF ORDINANCES
CLASSIFICATION
1 Aliens
2 Amusements, Games, Recreation
3 Barangay Affairs
4 Building Regulations
5 Business Establishments
6 Education and Culture
7 Health and Sanitation
8 Market and Slaughterhouses
9 Parks and Playgrounds
10 Peace and Order
11 Professions, Occupation and Trades
12 Public Morals
13 Public Officials
14 Public Properties
15 Public Utilities
16 Public Works
17 Sanggunian Rules
18 Social Services
19 Sports Development
20 Tourism
21 Traffic and Transportation
CODIFICATION OF ORDINANCES
Form for classification of ordinances
CLASSIFICATION OF GENERAL ORDINANCES
Date Enacted
Ord. No. Subject-Summary Classification Remarks
Series
Parks and
1 1991 Plazas/Traffic Rules
Playgrounds
Selling of
2 1991 Explosives & Peace and Order
Firecrackers
Health and
7 1991 Anti-littering
Sanitation
Repealing
8 1991 (Exclude)
Ordinance
CODIFICATION OF ORDINANCES
Example of an actual ordinance and its classification
Classification
ORDINANCE NO.2, SERIES 1991
PEACE AND ORDER
PROHIBITING RETAIL STORES OF THIS MUNICIPALITY
FROM SELLING BIG FIRECRACKERS SUCH AS SEC. 1 – For security measures and to minimized frequent
“BAWANG”, “LOLO THUNDER”, “PLA-PLA” AND THE occurrence of accident most especially from powder explosion,
LIKES all retail stores of this municipality are hereby prohibited to
sell to any person such big firecrackers known as “bawang”,
Be it ordained by the Sangguniang Bayan of X, Province of “lolo thunder”, “Pla-Pla” and the likes which are classified as
Y, that: same are classified as dynamite, hence destructive and
dangerous to lives and properties.
SEC. 1 – For security measures and to minimized frequent
occurrence of accident most especially from powder explosion, SEC. 2 – Any person, regardless of sex or age, caught in
all retail stores of this municipality are hereby prohibited to possession of the above-mentioned explosives will be
sell to any person such big firecrackers known as “bawang”, subjected to the penalties as provided in this ordinance.
“lolo thunder”, “Pla-Pla” and the likes which are classified as
same are classified as dynamite, hence destructive and SEC 3 – Previous ordinances whose provisions are in
dangerous to lives and properties. conflict with this ordinance are hereby declared null and void.
SEC. 2 – Any person, regardless of sex or age, caught in SEC. 4 – Any violation of this ordinance will be fined of not
possession of the above-mentioned explosives will be less than Five Hundred Pesos (P500.00) nor more than One
subjected to the penalties as provided in this ordinance. Thousand Pesos (P1,000.00) or an imprisonment of not less
than five days, but not to exceed ten (10) days, or both fine and
SEC 3 – Previous ordinances whose provisions are in imprisonment at the discretion of the court upon final
conflict with this ordinance are hereby declared null and void. conviction
SEC. 4 – Any violation of this ordinance will be fined of not (Ord. No. 2, S. 1991)
less than Five Hundred Pesos (P500.00) nor more than One
Thousand Pesos (P1,000.00) or an imprisonment of not less
than five days, but not to exceed ten (10) days, or both fine and
imprisonment at the discretion of the court upon final
conviction
Unanimously approved
CODIFICATION OF ORDINANCES
4. Revisions
• The provision of the ordinance should be reviewed for language
deficiencies and relevance of applicability with the end in view of
simplifying and clarifying the provisions to be included in the
proposed Code. Revision includes the re-examination of the
provisions of an ordinance, the weeding out of obsolete or
inactive provisions and restating the provisions in a simple and
coherent manner. Since revision may include modification or
changes in the provisions of an ordinance, it is suggested that
should the modification be a substantial or material deviation
from the objective or purpose of the ordinance, the proper
Committee of the Sanggunian should first be consulted since, in
the final analysis, it is this Committee which will recommend the re-
enactment of the modification to the Sanggunian.
o Language Improvement – The language of the Code should be clear,
simple, direct and not susceptible to different interpretations.
o Revisions of Provisions – There are symbols universally used in the
revision process. The symbol ( ) or [ ] is used to indicate deletion or
omission. Additions or insertions are indicated by CAPITALIZING all the
WORDS or PHRASES ADDED or INSERTED. Each of the provisions is
numbered consecutively at the left margin for easy reference.
CODIFICATION OF ORDINANCES
PEACE AND ORDER
CODIFICATION OF ORDINANCES
5. Supplementation
Is made through ordinances of the Sanggunian
intended to supply a deficiency in an existing
provisions, by adding to, amending or modifying such
provision. The supplementation or amendatory
ordinance should make reference to the section and
chapter of the Code sought to be supplemented,
and may be entitiled “ An Ordinance to amend Sec.
____, Chap. ____ of the Code of General Ordinance of
_________________”, or if a subject or topic is
introduced, the ordinance may be entitled “An
Ordinance adding Chapter ___________ to the Code of
General Ordinances of ______________”.
CODIFICATION OF ORDINANCES
PARTS OF A CODE OF
ORDINANCES
CODIFICATION OF ORDINANCES
• The formal parts of a Code are: (1) the title; (2) the
ordaining or enacting clause; and (3) the body.
CODIFICATION OF ORDINANCES
2. Enacting Clause
The enacting clause is similar to the enacting
clause now used by local legislative bodies. In the
enacting clause for a code of General Ordinance
, any of these forms may be used:
“Be it ordained by the sangguniang
panlungsod of the city of ____________:”
“Be it enacted by the sangguniang bayan of
the municipality of ___________:”
CODIFICATION OF ORDINANCES
3. Body
• The body of the code contains the introductory
and basic provisions which are arranged in a
methodical sequence as to enable the reader to
the specific provision he is interested in. There is
no specific method of arranging the chapters of a
code. For purposes of guiding the codifier and his
staff, the following arrangement and sequence is
suggested:
CODIFICATION OF ORDINANCES
Chapter 1
INTRODUCTORY PROVISIONS
Sec. 1. Title – this code shall be known and referred to as the code of General Ordinances
of_________________________.
Sec. 2. Relation to prior Ordinances. –the provisions of this code which are substantially the
same as existing ordinances relating to the same subject matter shall be construed as
restatements and not as new enactments , unless otherwise explicitly modified therein.
Sec. 3. Existing Rights. – vested rights existing on the date of the effectivity of this Code arising
out of contracts or any other source of obligation, shall be governed by the original terms and
provisions of said contracts or the law or ordinance in force at the time such rights became
vested and in no case shall this Code infringe on them.
Sec. 4. Reference to code – whenever reference is made to any provision of the code, the
reference applies to all its amendment and addition herein after made.
Chapter2
DEFINITIONS
Sec. 5. Coverage.- The definition of terms and phrases embodied in this chapter shall govern the
interpretation and meaning of these terms and phrases as found in the specific sections and
chapters.
Sec. 6 – Technical Terms Defined – (It is suggested that definitions of particular terms should be
embodied in the particular chapter where the term is used for easier correlation and reference. If
this is adopted then this particular chapter on “Definitions” may be omitted.
Chapter 3
PUBLIC OFFICES AND POSITIONS THEREIN
Chapter 4
PUBLIC PROPERTY
CODIFICATION OF ORDINANCES
Chapter Arrangement:
Or
CODIFICATION OF ORDINANCES
CHAPTER I. GENERAL PROVISIONS
Section 1. Short Title and Scope
Section 2. Rules of Construction
Section 3. Definitions
CODIFICATION OF ORDINANCES
Other Provisions
Aside from the body of the Code, the separability clause, the repealing clause and
the date of effectivity should also be added on the last portion of the Code.
SEPARABILITY CLAUSE – If for any reason or reasons, any part or provisions of this Code
shall be held to be unconstitutional or invalid, other parts or provisions thereof which
are not affected thereby shall continue to be in full force and effect.
Enactment
The final draft of the Code should be submitted to the sanggunian for consideration
and enactment following the prescribed legislative procedures described in earlier
chapters, including the requirement of posting or publication and review by higher
level authorities.
CODIFICATION OF ORDINANCES
END
CODIFICATION OF ORDINANCES