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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what ordinances are (a) missing, (b) amended, (c) repealed, or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a) Those that have been repealed;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