Codification of ORDINANCES

CODIFICATIONOF

ORDINANCES

CODIFICATION 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.


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.


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staff what ordinances are (a) missing, (b) amended, (c) repealed, or (d) obsolete, in the following format: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

Ord. No.Date

Enacted Series

Source Subject Status

1 1991Secretary’s

OfficePlaza and

Park Traffic Rules

Original

2 1991-do- Explosives,

Firecrackers-do-

3 1991Mayor’s Office

Astray Animals

-do-

4 1991Secretary’s

OfficeAstray

AnimalsAmendment

to Ord 3, series 1991

5 1991Sectretary’s

OfficeTax

OrdinanceOriginal

6 1991Secretary’s

OfficeTraffic Rules Original

7 1991 -do- Anti-littering Original

8 1991Mayor’s Office

Astray Animals

Repeals Ord No. 4, Series

1991

9 1991 -do-Smoking in

public placesOriginal

10 1991Secretary’s

OfficeTax

OrdinanceOriginal


• 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a) Those that have been repealed;b) Those that are obsolete; andc) Those Tax or Revenue Ordinances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.


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:


CLASSIFICATION123456789101112131415161718192021

AliensAmusements, Games, RecreationBarangay AffairsBuilding RegulationsBusiness EstablishmentsEducation and CultureHealth and SanitationMarket and SlaughterhousesParks and PlaygroundsPeace and OrderProfessions, Occupation and TradesPublic MoralsPublic OfficialsPublic PropertiesPublic UtilitiesPublic WorksSanggunian RulesSocial ServicesSports DevelopmentTourismTraffic and Transportation


Form for classification of

ordinancesCLASSIFICATION OF GENERAL ORDINANCES

Ord. No.

Date Enacted Series

Subject-Summary Classification Remarks

1 1991Plazas/Traffic

RulesParks and

Playgrounds

2 1991Selling of

Explosives & Firecrackers

Peace and Order

3 1991 (Exclude) Repealed

4 1991 (Exclude) Repealed

5 1991 (Exclude) Tax

Ordinance

6 1991 Traffic RulesTraffic and

Transportation

7 1991 Anti-litteringHealth and Sanitation

8 1991 (Exclude) Repealing Ordinance

9 1991No smoking in public places

Health and Sanitation

10 1991 (Exclude) Tax

Ordinance


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)


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.


123456789101112131415161718

PEACE AND ORDER

SEC. 1. – For security measures and to minimize (frequentOccurrences of) accidents (most especially) from power explosions,All retail stores (of this municipality) are (hereby) prohibitedTo 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 explosivesWill be subjected to the penalties provided for in this ordinance. SEC. 3 – (Previous) Ordinances whose provisions are in conflictWith 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)


5. SupplementationIs 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 ______________”.


PARTS OF A CODE OF ORDINANCES


• 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 ____________________.


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 ___________:”


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:


Chapter 1INTRODUCTORY 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.

Chapter2DEFINITIONS

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 3PUBLIC OFFICES AND POSITIONS THEREIN

Chapter 4

PUBLIC PROPERTY


Chapter Arrangement: As a guide to the codifier, the chapter arrangement of an existing code of Ordinances is presented as follows:

Chapter 1 - GENERAL PROVISIONSChapter 2 -LOCAL DEPARTMENT AND OFFICESChapter 3 -ENACTMENT OF ORDINANCESChapter 4 -PLANNING, ZONING AND BEAUTIFICATIONChapter 5 - PUBLIC SAFETYChapter 6 - TRAFFIC REGULATIONSChapter 7 -HEALTH AND SANITATIONChapter 8 - ENVIRONMENTAL PROTECTIONChapter 9 -EDUCATION AND CULTUREChapter 10 - PUBLIC MORALS AND DECENCYChapter 11 - PEACE AND ORDERChapter 12 - AMUSEMENT GAMES AND RECREATIONChapter 13 - SOCIAL SERVICESChapter 14 - PROFESSIONS, OCCUPATIONS, TRADES AND BUSINESS ESTABLISHMENTSChapter 15 - BARANGAY AFFAIRSChapter 16 - ALIEN AFFAIRSChapter 17 - STREET NAMESChapter 18 - REPEAL AND EFFECTIVITY CLAUSE

Or


CHAPTER I. GENERAL PROVISIONS Section 1. Short Title and ScopeSection 2. Rules of ConstructionSection 3. Definitions CHAPTER II. PUBLIC MORALITY Section 4. Illegal GamblingSection 5. Betting on Sports ContestSection 6. LoiteringSection 7. Nudism in Public PlaceSection 8. Sale or Rental of Pornographic Video Materials CHAPTER III. HEALT H AND SANITATION Section 9. Availability of Iodized SaltSection 10. Rabies ControlSection 11. Smoking Ban in Public Building Offices and Public Modes of TransportSection 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-HireSection 14. Traffic Rules and Regulations CHAPTER V. GAMES AND AMUSEMENTS Section 15. Operation of Videoke EstablishmentsSection 16. Operation of Video and Film Showing EstablishmentsSection 17. Playing of TaksiSection 18. Operation of Billiards, Pool Tables and Video GamesSection 19. Holding of Cockfights and Cockpit Regulations CHAPTER VI. PUBLIC SAFET Y, PEACE AND ORDERSection 20. Usage of Trumpet SpeakersSection 21. Ban on the Usage of Some Fishing GearsSection 22. Ban on the Catching and Gathering of Poisoned FishesSection 23. Liquor Ban Inside the Public MarketSection 24. Liquor Ban on MinorsSection 25. Vandalism of Public and Private Properties

CHAPTER VII. FINAL PROVISIONS Section 26. General Penal ProvisionsSection 27. Participation in Voluntary Community Service ProgramSection 28. Implementing Rules and RegulationsSection 29. Separability, Applicability, Repealing and Effectivity Clauses


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.


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Codification of ORDINANCES

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