Ordinance Making

Orientation with Barangay Budlaan February 18, 2014

Section 17. Basic Services and Facilities. 1) For Barangay:

(i) Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations; (ii) Health and social welfare services which include maintenance of barangay health center and day-care center; (iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;

Section 17. Basic Services and Facilities. 1) For Barangay:

(iv) Maintenance of katarungang pambarangay; (v) Maintenance of barangay roads and bridges and water supply systems; (vi) Infrastructure facilities such as multipurpose hall, multipurpose pavement, plaza, sports center, and other similar facilities; (vii) Information and reading center; and (viii) Satellite or public market, where viable;

Section 48. Local Legislative Power. Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.

Section 49. Presiding Officer. (a) The vice-governor shall be the presiding officer of the sangguniang panlalawigan; the city vice-mayor, of the sangguniang panlungsod; the municipal vice-mayor, of the sangguniang bayan; and the punong barangay, of the sangguniang barangay. The presiding officer shall vote only to break a tie.

Section 54. Approval of Ordinances. (c) Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of all its members, be signed by the punong barangay.

Section 55. Veto Power of the Local Chief Executive. (b) The local chief executive, except the punong barangay, shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing the payment of money or creating liability. In such a case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sanggunian overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted.

Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (a) Within ten (10) days after its enactment, the

Section 57. Review of Barangay

sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances. (b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved.

Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (c) If the sangguniang panlungsod or

Section 57. Review of Barangay

sangguniang bayan, as the case may be, finds the barangay ordinances inconsistent with law or city or municipal ordinances, the sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.

Barangay Enacts Ordinance

If consistent

Submit to Sangguniang Bayan/Panlungsod for REVIEW

Approve the ordinance

If inconsistent

Return to the barangay

No action w/in 30 days

Deemed approved

Ordinances or Resolutions. (a) Unless otherwise stated in the ordinance or the 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 local government unit concerned.

Section 59. Effectivity of

Ordinances or Resolutions. (b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal, or barangay hall in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after approval thereof. The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.

Section 59. Effectivity of

 (c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where the local legislative body concerned belongs. In the absence of any newspaper of general circulation within the province, posting of such ordinances shall be made in all municipalities and cities of the province where the sanggunian of origin is situated. (d) In the case of highly urbanized and independent component cities, the main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the city: Provided, That in the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation.

Ordinances or Resolutions. -

Section 59. Effectivity of

Section 152. Scope of Taxing Powers. The barangays may levy taxes, fees, and charges, as provided in this Article, which shall exclusively accrue to them: (a) Taxes - On stores or retailers with fixed business establishments with gross sales of receipts of the preceding calendar year of Fifty thousand pesos (P50,000.00) or less, in the case of cities and Thirty thousand pesos (P30,000.00) or less, in the case of municipalities, at a rate not exceeding one percent (1%) on such gross sales or receipts. (b) Service Fees or Charges. - Barangays may collect reasonable fees or charges for services rendered in connection with the regulations or the use of barangay-owned properties or service facilities such as palay, copra, or tobacco dryers.

Section 152. Scope of Taxing Powers. (c) Barangay Clearance. - No city or municipality may issue any license or permit for any business or activity unless a clearance is first obtained from the barangay where such business or activity is located or conducted. For such clearance, the sangguniang barangay may impose a reasonable fee. The application for clearance shall be acted upon within seven (7) working days from the filing thereof. In the event that the clearance is not issued within the said period, the city or municipality may issue the said license or permit.

Section 152. Scope of Taxing Powers. (d) Other fees and Charges. - The barangay may levy reasonable fees and charges:
(1) On commercial breeding of fighting cocks, cockfights and cockpits; (2) On places of recreation which charge admission fees; and (3) On billboards, signboards, neon signs, and outdoor advertisements.

Section 516. Penalties for Violation

of Tax

Ordinances. - The sanggunian of a local government unit is authorized to prescribe fines or other penalties for violation of tax ordinances but in no case shall such fines be less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), nor shall imprisonment be less than one (1) month nor more than six (6) months. Such fine or other penalty, or both, shall be imposed at the discretion of the court. The sangguniang barangay may prescribe a fine of not less than One hundred pesos (P100.00) nor more than One thousand pesos (P1,000.00).

LOGO NAME OF LGU DATE, TIME, PLACE OF SESSION ATTENDANCE ORDINANCE NO. (SPECIFY YEAR)

WHEREAS CLAUSES (REASONS)

SECTIONS

PENALTY CLAUSE REPEALING CLAUSE EFFECTIVITY CLAUSE

DATE OF ENACTMENT
CERTIFICATION

ATTESTATION

 Different ordinances have different parts. Sections which are present in some need not be present in others. Sections on the ordinance would depend on the nature and purpose of the ordinance

Ordinance Creating an Office

Whereas clauses Title Creation of the office Composition Functions Repealing clause Effectivity clause

Ordinance Regulating Gym

Whereas clauses Title Gym fees; rental fees Procedure for reservation; requirements Repealing clause Effectivity clause

Ordinance Imposing Taxes

Whereas clauses Title Taxes imposed Schedule of taxes Penalty clause Effectivity clause

Amendatory ordinance
Whereas clauses Title Amendatory clause Effectivity clause