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Codification of ORDINANCES

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  • 1. CODIFICATION OF ORDINANCES
  • 2. 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
  • 3. 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. • Once all the Ordinances has been gathered, these should be arranged by their year and enacted and series method. CODIFICATION OF ORDINANCES
  • 4. 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• The inventory should be able to inform the codifier and his staff what ordinances are (a) missing, (b) amended, (c) repealed, or (d) obsolete, in the following format: CODIFICATION OF ORDINANCES INVENTORY OF ORDINANCES Ord. No. Date Enacted Series Source Subject Status 1 1991 Secretary’s Office Plaza and Park Traffic Rules Original 2 1991 -do- Explosives, Firecrackers -do- 3 1991 Mayor’s Office Astray Animals -do- 4 1991 Secretary’s Office Astray Animals Amendment to Ord 3, series 1991 5 1991 Sectretary’s Office Tax Ordinance Original 6 1991 Secretary’s Office Traffic Rules Original 7 1991 -do- Anti-littering Original 8 1991 Mayor’s Office Astray Animals Repeals Ord No. 4, Series 1991 9 1991 -do- Smoking in public places Original 10 1991 Secretary’s Office Tax Ordinance Original
  • 5. • What is important in the inventory is that all ordinances of the LGU should be accounted for. Since we are codifying GENERAL ORDINANCES, note that Ordinances 5 and 10 are revenue ordinances therefore must be set aside. a) Those that have been repealed; b) Those that are obsolete; and c) Those Tax or Revenue Ordinances • Ordinances which have been amended are to be updated by reflecting their amendments in the original ordinances and indicating therein that the particular provision was amended by a subsequent ordinance, with its number, series and dates of enactment. CODIFICATION OF ORDINANCES
  • 6. 3. Classification It is the process by which ordinances are categorized according to the general subject matter. This is an essential step towards grouping ordinances under the same or similar subjects for eventual assignment to specific chapters in the code. At this stage, it may be well to predetermine what possible subject groupings may be used by the codifier after having completed the inventory of ordinances. Hereunder is the alphabetical list of possible subjects which are suggested as bases for classification: CODIFICATION OF ORDINANCES
  • 7. CLASSIFICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Aliens Amusements, Games, Recreation Barangay Affairs Building Regulations Business Establishments Education and Culture Health and Sanitation Market and Slaughterhouses Parks and Playgrounds Peace and Order Professions, Occupation and Trades Public Morals Public Officials Public Properties Public Utilities Public Works Sanggunian Rules Social Services Sports Development Tourism Traffic and Transportation CODIFICATION OF ORDINANCES
  • 8. Form for classification of ordinances CLASSIFICATION OF GENERAL ORDINANCES Ord. No. Date Enacted Series Subject-Summary Classification Remarks 1 1991 Plazas/Traffic Rules Parks and Playgrounds 2 1991 Selling of Explosives & Firecrackers Peace and Order 3 1991 (Exclude) Repealed 4 1991 (Exclude) Repealed 5 1991 (Exclude) Tax Ordinance 6 1991 Traffic Rules Traffic and Transportation 7 1991 Anti-littering Health and Sanitation 8 1991 (Exclude) Repealing Ordinance 9 1991 No smoking in public places Health and Sanitation 10 1991 (Exclude) Tax Ordinance CODIFICATION OF ORDINANCES
  • 9. Example of an actual ordinance and its classification ORDINANCE NO.2, SERIES 1991 PROHIBITING RETAIL STORES OF THIS MUNICIPALITY FROM SELLING BIG FIRECRACKERS SUCH AS “BAWANG”, “LOLO THUNDER”, “PLA-PLA” AND THE LIKES Be it ordained by the Sangguniang Bayan of X, Province of Y, that: SEC. 1 – For security measures and to minimized frequent occurrence of accident most especially from powder explosion, all retail stores of this municipality are hereby prohibited to sell to any person such big firecrackers known as “bawang”, “lolo thunder”, “Pla-Pla” and the likes which are classified as same are classified as dynamite, hence destructive and dangerous to lives and properties. SEC. 2 – Any person, regardless of sex or age, caught in possession of the above-mentioned explosives will be subjected to the penalties as provided in this ordinance. SEC 3 – Previous ordinances whose provisions are in conflict with this ordinance are hereby declared null and void. SEC. 4 – Any violation of this ordinance will be fined of not 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 June 24, 1991 Classification PEACE AND ORDER SEC. 1 – For security measures and to minimized frequent occurrence of accident most especially from powder explosion, all retail stores of this municipality are hereby prohibited to sell to any person such big firecrackers known as “bawang”, “lolo thunder”, “Pla-Pla” and the likes which are classified as same are classified as dynamite, hence destructive and dangerous to lives and properties. SEC. 2 – Any person, regardless of sex or age, caught in possession of the above-mentioned explosives will be subjected to the penalties as provided in this ordinance. SEC 3 – Previous ordinances whose provisions are in conflict with this ordinance are hereby declared null and void. SEC. 4 – Any violation of this ordinance will be fined of not 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 (Ord. No. 2, S. 1991) CODIFICATION OF ORDINANCES
  • 10. 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
  • 11. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PEACE AND ORDER SEC. 1. – For security measures and to minimize (frequent Occurrences of) accidents (most especially) from power explosions, All retail stores (of this municipality) are (hereby) prohibited To sell to any person such as big firecrackers known as “bawang” “baby thunder” and “pla-pla”, (as same are classified as dynamite, Hence) WHICH ARE destructive and dangerous to lives and properties. SEC. 2 – Any person (or persons regardless of gender), Caught in possession of (the above-mentioned) THESE explosives Will be subjected to the penalties provided for in this ordinance. SEC. 3 – (Previous) Ordinances whose provisions are in conflict With this ordinance, are (hereby declared null and void) REPEALED. SEC. 4 – Any (infraction or) violation of this ordinance (will) SHALL be PUNISHED WITH A fine (d) of not less than Five Hundred Pesos [P500.00] nor more than One Thousand pesos [P1,000.00] or (an) imprisonment of not less than five (5) days but not to exceed ten (10) days, or both SUCH fine and imprisonment at the discretion of the court (upon Final conviction) (Ord. No. 2, S. 1991) CODIFICATION OF ORDINANCES
  • 12. 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
  • 13. PARTS OF A CODE OF ORDINANCES CODIFICATION OF ORDINANCES
  • 14. • The formal parts of a Code are: (1) the title; (2) the ordaining or enacting clause; and (3) the body. 1. TITLE the code should bear a title, and any of the following forms may be adopted: ___ AN ORDINANCE ORDINING THE CODIFIATION OF THE GENERAL ORDINNACES OF THE PROVINCE of_______________________________________ (Or) • AN ORDINACE CODIFYNG THE GENERAL ORDINANCE OF THE CITY OF _______________ (Or) • AN ORDINANCE ORDAINING A CODE OF GENERAL ORDINANCES OF THE MUNICIPALITY OF ____________________. CODIFICATION OF ORDINANCES
  • 15. 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
  • 16. 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
  • 17. 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
  • 18. Chapter Arrangement: As a guide to the codifier, the chapter arrangement of an existing code of Ordinances is presented as follows: Chapter 1 - GENERAL PROVISIONS Chapter 2 - LOCAL DEPARTMENT AND OFFICES Chapter 3 - ENACTMENT OF ORDINANCES Chapter 4 - PLANNING, ZONING AND BEAUTIFICATION Chapter 5 - PUBLIC SAFETY Chapter 6 - TRAFFIC REGULATIONS Chapter 7 - HEALTH AND SANITATION Chapter 8 - ENVIRONMENTAL PROTECTION Chapter 9 - EDUCATION AND CULTURE Chapter 10 - PUBLIC MORALS AND DECENCY Chapter 11 - PEACE AND ORDER Chapter 12 - AMUSEMENT GAMES AND RECREATION Chapter 13 - SOCIAL SERVICES Chapter 14 - PROFESSIONS, OCCUPATIONS, TRADES AND BUSINESS ESTABLISHMENTS Chapter 15 - BARANGAY AFFAIRS Chapter 16 - ALIEN AFFAIRS Chapter 17 - STREET NAMES Chapter 18 - REPEAL AND EFFECTIVITY CLAUSE Or CODIFICATION OF ORDINANCES
  • 19. CHAPTER I. GENERAL PROVISIONS Section 1. Short Title and Scope Section 2. Rules of Construction Section 3. Definitions CHAPTER II. PUBLIC MORALITY Section 4. Illegal Gambling Section 5. Betting on Sports Contest Section 6. Loitering Section 7. Nudism in Public Place Section 8. Sale or Rental of Pornographic Video Materials CHAPTER III. HEALT H AND SANITATION Section 9. Availability of Iodized Salt Section 10. Rabies Control Section 11. Smoking Ban in Public Building Offices and Public Modes of Transport Section 12. Construction of Pens or Corrals for Cattle, Swine, Chicken, Duck or other Domestic Animals or Fowls CHAPTER IV. TRANSPORTATION Section 13. Franchising of Tricycles-for-Hire and Pedicabs-for-Hire Section 14. Traffic Rules and Regulations CHAPTER V. GAMES AND AMUSEMENTS Section 15. Operation of Videoke Establishments Section 16. Operation of Video and Film Showing Establishments Section 17. Playing of Taksi Section 18. Operation of Billiards, Pool Tables and Video Games Section 19. Holding of Cockfights and Cockpit Regulations CHAPTER VI. PUBLIC SAFET Y, PEACE AND ORDER Section 20. Usage of Trumpet Speakers Section 21. Ban on the Usage of Some Fishing Gears Section 22. Ban on the Catching and Gathering of Poisoned Fishes Section 23. Liquor Ban Inside the Public Market Section 24. Liquor Ban on Minors Section 25. Vandalism of Public and Private Properties CHAPTER VII. FINAL PROVISIONS Section 26. General Penal Provisions Section 27. Participation in Voluntary Community Service Program Section 28. Implementing Rules and Regulations Section 29. Separability, Applicability, Repealing and Effectivity Clauses CODIFICATION OF ORDINANCES
  • 20. 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. REPEALING CLAUSE – All ordinances, executive orders, proclamation and administrative orders or regulations, or part thereof which are inconsistent with this Code are hereby repealed or modified accordingly. DATE OF EFFECTIVITY – This Code shall take effect on ____________________ 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
  • 21. E N D CODIFICATION OF ORDINANCES

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