GUIDE TO WRITING EFFECTIVE

RESOLUTIONS AND ORDINANCES

Presenter:
GIL A. DE LA TORRE
Secretary to the Sangguniang Panlungsod
City of Naga
RESOLUTION
- is passed to express the opinion of the adopting body on some
matter of a temporary or advisory nature or to handle
administrative business.
- is the expression of the sentiments; declaration of a will; opinion;
decision or position being rendered by the members of a
legislative body on certain issues and matters of public interest
and having no permanent value but only temporary in character.
- It is a document that adopts all those decisions agreed upon
during the session.
PARTS OF A RESOLUTION
Resolution Number
Title/Caption
Preambular /Whereas Clauses
Operative Clauses
Let Copies Clause
PREAMBULAR CLAUSES
It is one of the main parts of the resolution which typically start with the word
“whereas,” that give background information on why your community is passing
a resolution.
These clauses can refer to the following aspects:
• 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
Another main part of a resolution which typically start with “be it
resolved” followed by an active, present tense verb (like “affirms” or
“encourages” or “authorize”), call upon certain bodies to act.
These clauses can contain the following aspects:
 recommendations for specific action
 statements of opinions
 requests for further consideration or monitoring
SAMPLE RESOLUTION
ORDINANCE
- is a local law, a regulation of a general, permanent nature, and
a rule established by authority;
- a legislative act passed by the local council in the exercise of
its law making authority.
Parts of an Ordinance
PARTS OF AN ORDINANCE
• Ordinance Number
• Title/Caption
• Explanatory Note
• Enacting Clause
• Body
• Penalty Clause
• Effectivity Clause
SAMPLE ORDINANCE
REQUISITES OF A VALID ORDINANCE

 Must not contravene the Constitution and any statute passed by Congress
 Cannot allow what is prohibited by law
 Cannot prohibit what is allowed by law but it can regulate;
 Must not prohibit but may regulate trade
 Must not be unfair or oppressive and must not be partial or discriminatory
 Must not be unreasonable and must be general in application and consistent
with public policy
 KINDS OF ORDINANCE
General or Regulatory Ordinance
 Legislations pursuant to the police power
 Its main purpose is to promote the general welfare and to advance the interest of
the inhabitants in the city/municipality

Tax or Revenue Ordinance

 Imposes taxes, fees and charges

Appropriation Ordinance
 allocates public funds for the operation, programs, projects, activities and such
necessary undertakings of the local government unit.
PROCEDURAL ASPECT – Ordinances are enacted similarly
as national laws

 The local legislative process is broken down to five (5) states/parts:

1. Filing of Proposed Ordinances/Sponsorship;
2. First Reading – Reading of title of the proposed ordinance then referral
to the appropriate committee;
3. Committee Hearings – Deliberation, approval with or without
amendments, substitution or consolidation, and preparation of committee
report;
4. Second Reading – Period of debate (reading, sponsorship, interpellation),
period of amendments (committee and individual amendments), and
approval;
5. Third Reading – Distribution in printed form, and approval/roll call/vote.
 3 READING RULE

 Congress – 3 readings must be done on 3 separate dates

 Sanggunians – can undertake the 3 reading procedure even in 1

day for the reason that the Local Government Code of 1991 did
not require that the 3 reading rule must be conducted in 3
separate dates
Ordinances enacted by the
Sangguniang Barangay
shall, upon approval by the
majority of all its
members, be signed by the
Punong Barangay.
DISTINCTION:
ORDINANCE
Intended to permanently direct and control
matters applying to persons or things in general
Providing a permanent rule of conduct
Need to go through the 3-reading rule
All enacted ordinance are to be submitted to the General Rule: All enacted resolutions need not
Sanggunian concerned for review
RESOLUTION
Merely an expression of an opinion of a
legislature which have only a temporary effect
A statement or verdict, not a law but is a mere
expression of a opinion, or merely to express an
opinion concerning some given matter or thing
Need not go through the 3-reading rule,
UNLESS the sanggunian so agree
to be submitted to the Sanggunian concerned
for approval
Exception: resolutions approving local
development plan and public investment
program
REVIEW OF BARANGAY ORDINANCES BY THE
SANGGUNIANG PANLUNGSOD
 Within 10 days after its enactment, the sangguniang barangay shall furnish copies of the Barangay
ordinance to the Sanggunian Panlungsod as to whether the ordinance is consistent with the existing laws
and city ordinances.
 If the Sangguniang Panlungsod finds the barangay ordinance inconsistent with the existing laws or city
ordinances, it shall be returned to the barangay with its comments and recommendations for adjustment,
amendment or modification.
 In the foregoing, the effectivity of the barangay ordinance is suspended until such time that the revision
called for is effected.
 If the Sangguniang Panlungsod fails to take action on barangay ordinance w/in 30 days from receipt thereof
the same shall be deemed approved.
 30-day period has to be reckoned from receipt of ordinance or resolution.
Pls. note that:

Ordinance or resolution is effective and binding even pending review by the

higher Sanggunian (Section 57, LGC)
 Review of an ordinance would involve validity and not effectivity of an
ordinance
 Ordinance shall take effect as of the date the same is made effective by
the Sanggunian.
 TIPS FOR WRITING AND PASSING AN
EFFECTIVE RESOLUTION/ORDINANCE

1. Build a Coalition.
 Build a diverse group of community members who will support your efforts.
 Organize group for monitoring the result of implementation.
2. Study legislative process
• Some may require having a council member introduce the resolution
• As an initial step, your group should build a relationship with members on your local
legislative body. If the body feels that the resolution is a joint effort, there will be a greater
chance that the resolution will pass.
• You may seek assistance of a council member to draft the resolution.
• Resolutions will not have lasting legal effect, instead you may consider passing an
ordinance.
 TIPS FOR WRITING AND PASSING AN
EFFECTIVE RESOLUTION/ORDINANCE

3. Focus on using mandatory language (“shall” “must” “will”, etc.) versus discretionary
language (“we encourage x body to…” “may”, etc.). Mandatory language helps to
create a legally binding duty for the adopting body and those bodies it has
jurisdiction over , otherwise, the resolution can only “urge” them to act. Like all legal
language, the more specific you make the duty, the easier it will be to enforce.

4. Be textually accurate. In describing all laws and regulations, try to quote textual
language or summarize directly from the textual language, citing the relevant section
of the Act. Avoiding sweeping allegations or broad textual summaries will bring
credibility and factual accuracy to your resolution and will also steer the discussion
away from meaningful discourse.
 TIPS FOR WRITING AND PASSING AN
EFFECTIVE RESOLUTION/ORDINANCE

5. Allow for revisions. It is important to have some flexibility for compromises that may
be necessary to pass the resolution in your legislative body.

6. Maintain your community network. As you may have to play watchdog to make sure
the provisions or your resolution or ordinance are properly implemented, it is vital to
keep your group connected and continuously informed. Additionally, as you probably
know, new threats to our civil liberties arise all the time and keeping your network
together will help your community address them in the future. Passing a resolution is
just the first step towards protecting your civil rights and liberties.
REFERENCES:

 Guide to Writing Effective Resolutions and Ordinances

https://rightsanddissent.org/resource/guide-to-writing-effective-resolutions-
and-ordinances/
 Local Legislation https://www.slideshare.net/edzmhar0186/local-legislation
 Local Government Code of 1991