RESOLUTIONS

AND
ORDINANCES
RESOLUTION
RESOLUTION
• A formal and written motion adopted by a deliberative
body. The purpose of a resolution is to bring a
substantive proposal before a body, for its consideration
and decision (and/or action).
• It is the intent of a resolution to commit the organization
to the stated proposal.
PARTS OF A
RESOLUTION
HEADING

• Includes the names of the sponsors and

signatories of the draft, and the topic it
attempts to address.
PREAMBLE/ PREAMBULAR CLAUSES

• The preambular clauses, which typically

start with the word “whereas,” give a
background on why the body is passing its
resolution.
INCLUSIONS IN THE PREAMBLE

– The topic itself

– The occasion of consideration of the topic
– Recent incidents, and recent developments
– Previous resolutions
– The constitution
– Local history or community characteristics
OPERATIVE CLAUSES
• Operative clauses, which typically start with “be it
resolved” followed by an active, present tense verb (like
“affirms” or “encourages”), call upon certain bodies to
act.
• These clauses set out actual solutions and initiatives for
the committee to undertake.
ORDINANCE
ORDINANCE
• A local law of a municipal corporation, duly enacted by
the proper authorities, prescribing general, uniform and
permanent rules of conduct relating to the corporate
powers of the local government unit.
• An act passed by the local legislative body in the
exercise of its law-making authority.
TEST OF A VALID
ORDINANCE
TEST OF A VALID ORDINANCE
• Must not contravene the Constitution or any statute;
• Must not be unfair or oppressive;
• Must not be partial or discriminatory;
• Must not prohibit but may regulate trade;
• Must be general and consistent with public policy; and
• Must not be unreasonable.
MOST COMMON
TYPES OF
ORDINANCE
APPROPRIATION ORDINANCE

• An ordinance whose primary aim is to

appropriate local funds for purposes allowed by
existing laws.
• It is a pre-requisite before local funds could be
spent.
TAX ORDINANCE

• An ordinance enacted by the local legislative body

in the exercise of taxing power whose primary
purpose is to raise local revenues thru the
imposition or levying of taxes, fees and charges
subject to certain limitations prescribed by law.
SPECIAL ORDINANCE

•An ordinance which is aimed for a

special purpose with a non-repetitive
nature.
GENERAL ORDINANCE

• An ordinance enacted by a legislative body in

the exercise of its police power whose
primary aim is the general welfare of the
people by prescribing certain regulatory
measures. 
PARTS OF AN
ORDINANCE
HEADING
• Should indicate the originating local government unit like a
barangay, municipality/city, or province.
– Example:
Republic of the Philippines
Province of XXX
Municipality of XXX
Barangay XXX
ASSIGNED NUMBER
• The numerical series in order of the local ordinance.
–Example: Barangay Ordinance No. 069, s. 2020
TITLE

• The title of an ordinance must not embrace

more than one subject and that the subject must
be expressed in the title thereof.
ENACTING OR ORDAINING CLAUSE

• Indicates the enacting or ordaining authority or

the source of the ordinance.
–Example: “Be it Ordained by the Sangguniang
Barangay of Barangay XXX, Municipality of
XXX, Province of XXX”
PENAL CLAUSE
• Indicates the provision of penalty on the violation of the
ordinance.
• This shall only apply to ordinances which defines a crime
and/or violation and seeks to penalize any infraction of it.
REPEALING CLAUSE
• Announces the prior ordinances or specific provisions
which have been abrogated by reason of the enactment of
the new ordinance.
– Example: “All ordinances, orders, issuances, rules and
regulations or parts thereof inconsistent with this
Ordinances are hereby repealed or modified accordingly.”
SEPARABILITY CLAUSE
• Provides that in the event that one or more provisions or
unconstitutional, the remaining provisions shall still be in
force.
– Example: “Should any provision of this Ordinance or any part
thereof be declared invalid, the other provisions, insofar as they
are separable from the invalid ones, shall remain in full force and
effect.”
EFFECTIVITY CLAUSE
• Indicates the date when the ordinance shall take effect.
• This typically requires the posting of an announcement in
common areas or publication in newspapers.
• Refer to the Local Government Code of 1991 for rules on
publication.