Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ...
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Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ...

Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ... Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ...

bulacan.gov.ph
from bulacan.gov.ph More from this publisher
11.07.2015 Views

Step 3. Drafting the ordinance.Writing or drafting of the ordinance takes time, patience and skill. Understanding of thekinds of ordinances and requisites of a valid and binding ordinance can help simplify thedrafting process and hopefully make the task easier. Knowing basic rules in grammarand word usage are also necessary to make the ordinance easily understood by thosewho will read or use it.An ordinance must have the following elements or basic parts:Tool 4Elements of an Ordinance1. Title• ng>Theng> long title of an ordinance is the general description of what it does. Itappears on the first pages, just after the heading “An Ordinance.”• ng>Theng> long title should always describe the ordinance’s main thrust and if there areother miscellaneous, minor or unrelated items in the ordinance, they are usuallyhandled by simply adding “and for other purposes” just before the period at theend of the title.• A short title should simply cover the field that the ordinance covers; it is neededin major ordinances or codes so they can be easily cited and referred to.2. Enacting Clause• It indicates the authority or source of the ordinance.3. Body or Central Provisions• ng>Theng> body or central provisions carry out the ordinance’s principal objective• ng>Theng> body consists of the statement of policy or purpose, definitions, structural oradministrative and reporting provisions, appropriations provisions, and reportingprovisions.4. Penalty Clause• ng>Theng> penalty clause is optional as it applies only to general ordinances and taxordinances.108

5. Transitional Provisions• Transitional provisions are optional and most frequently used in tax andregulatory ordinances.• ng>Theng>se provisions are the means to make the changeover from an old ordinanceto a new one.6. Repealing Clause• It is also known as the severability or separability clause• It declares that if any part of the ordinances in which it appears is found to beunconstitutional, the rest of the ordinance is not to be affected.7. Effectivity Clause• It specifies exactly when and how the ordinance is to go initially into effect.Following are the four general kinds of ordinances. 14Tool 4Kinds of Ordinances1. General Ordinance - refers to an ordinance enacted by a sanggunian in theexercise of its police power whose primary aim is the general welfare of the peopleby prescribing certain regulatory measures.2. Appropriation Ordinance – refers to an ordinance whose primary aim is toappropriate local funds for purposes allowed by existing laws.3. Tax Ordinance – refers to an ordinance enacted by a sanggunian in the exercise ofthe local government unit’s taxing power whose primary purpose is to raise localrevenues thru the imposition or levying of taxes, fees and charges subject to certainlimitations prescribed by existing law.4. Special Ordinance – refers to an ordinance aimed to address a special purpose.14 Dihan, ibid.109

Step 3. Drafti<strong>ng</strong> the ordinance.Writi<strong>ng</strong> or drafti<strong>ng</strong> of the ordinance takes time, patience and skill. Understandi<strong>ng</strong> of thekinds of ordinances and requisites of a valid and bindi<strong>ng</strong> ordinance can help simplify thedrafti<strong>ng</strong> process and hopefully make the task easier. Knowi<strong>ng</strong> basic rules in grammarand word usage are also necessary to make the ordinance easily understood by thosewho will read or use it.An ordinance must have the followi<strong>ng</strong> elements or basic parts:Tool 4Elements of an Ordinance1. Title• <stro<strong>ng</strong>>The</stro<strong>ng</strong>> lo<strong>ng</strong> title of an ordinance is the general description of what it does. Itappears on the first pages, just after the headi<strong>ng</strong> “An Ordinance.”• <stro<strong>ng</strong>>The</stro<strong>ng</strong>> lo<strong>ng</strong> title should always describe the ordinance’s main thrust and if there areother miscellaneous, minor or unrelated items in the ordinance, they are usuallyhandled by simply addi<strong>ng</strong> “and for other purposes” just before the period at theend of the title.• A short title should simply cover the field that the ordinance covers; it is neededin major ordinances or codes so they can be easily cited and referred to.2. Enacti<strong>ng</strong> Clause• It indicates the authority or source of the ordinance.3. Body or Central Provisions• <stro<strong>ng</strong>>The</stro<strong>ng</strong>> body or central provisions carry out the ordinance’s principal objective• <stro<strong>ng</strong>>The</stro<strong>ng</strong>> body consists of the statement of policy or purpose, definitions, structural oradministrative and reporti<strong>ng</strong> provisions, appropriations provisions, and reporti<strong>ng</strong>provisions.4. Penalty Clause• <stro<strong>ng</strong>>The</stro<strong>ng</strong>> penalty clause is optional as it applies only to general ordinances and taxordinances.108

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