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

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

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11.07.2015 Views

Tool 13Sample Administrative CodeRepublic of the PhilippinesProvince of IloiloMunicipality of Barotac ViejoOFFICE OF THE SANGGUNIANG BAYANMUNICIPAL ORDINANCE NO.2004-01AN ORDINANCE ENACTING THE MUNICIPALADMINISTRATIVE CODE OF BAROTAC VIEJOAND FOR OTHER PURPOSESthat:Be it enacted by the ng>Sangguniangng> Bayan of Barotac Viejo, in session assembled,CHAPTER IGENERAL PROVISIONSSection 1. Short Title. This ordinance shall be known as the “Administrative CodeOrdinance of Barotac Viejo.”Section 2. Statement of Purpose. ng>Theng> Code hereby establishes the legal, political,economic, social and cultural framework of local governance; the implementation,monitoring of the delivery of municipal government services; conservation and protection ofnatural resources, control of ambient air quality, rational utilization of marine and waterresources, installation of appropriate public technology; and harnessing of the full potentialof all sectors of society to attain a better quality of life for the present and future generations.It localizes and reinforces superior laws distinctly applicable in the municipality.Section 3. Nature and Scope. This Code covers all general and specialadministrative ordinance of the ng>Localng> Government Unit of Barotac Viejo enacted over theyears, as well as provisions from Executive Orders of the Municipal Mayor and Resolutionsof the ng>Sangguniangng> Bayan that partake the nature of ordinances.Section 4. Form and Style. Some provisions of this Code preserve the original textand form in which they were passed while others have been rewritten in the process ofconsolidation or for clarity and style.Section 5. Numbering of Ordinances. This Code shall be recorded and identifiedas Municipal Ordinance No. 2004-01.Section 6. Amendments of New Chapters or Sections. Any enactment shall referto the chapter or section concerned. A new chapter may be placed where appropriate. Anew section may be added or inserted in the proper Chapter with the corresponding decimalnumber.170

Section 7. Other Codes. Other codes may be published separately, but thepublications shall bear all amendments and additions now or hereafter made.Section 8. Reference to Code. Whenever references are made to any portion ofthis Code the reference applies to all amendments and additions now or hereafter made.Section 9. Subsequently New Ordinances and their Integration. All ordinancesenacted subsequent to the date of affectivity of this code shall be integrated in such amanner that it will bear the corresponding chapter and section to which ordinance pertains.Section 10. Relation of Code to Prior Ordinances. ng>Theng> provisions of this Codethat are substantially the same with existing ordinances relating to the subject matters shallbe construed as restatement and continuation and not as new enactments.Section 11. Conflict Within/Between/Among Chapters or Articles. Should theprovisions of the different chapters in this code conflict or contravene another, the provisionswithin each chapter shall prevail in so far as matters in each chapter are concerned.Section 12. Existing Rights. No action or proceeding commenced before this codetakes effect, and no right accrued shall be affected by this Code, and all proceduresthereafter taken shall conform to the provisions of this Code in so far as possible. ng>Theng>chapter and section headings do not in any manner affect the scope, meaning, or intent ofthe provisions of this Code. At the time this Code takes effect, all persons who hold officeunder any of the ordinance regarded by this code, but which offices are not organizationallyaffected by this code, shall continue to hold office in accordance with their tenure.Section 13. Rules in Interpreting the Provisions of this Code.a. General Rule. All words and phrases shall be construed and understoodaccording to the common and approved usage of the language; but technicalwords and phrases and such others as may have acquired a peculiar andappropriate meaning in the law shall be construed and understood according tothat peculiar and appropriate meaning.b. Gender: Singular and Plural. Every word importing the masculine gender as wellas the words “he/she”, “his/her” and “him/her” shall extend to both male andfemale. Every word importing the plural number shall extend and be applied toone person or thing as well as to several persons or things.c. Persons. ng>Theng> word “persons: shall extend and be applied to natural and juridicalpersons such as firms, corporations, or voluntary associations, unless plainlyinapplicable.d. Tenses. ng>Theng> use of any verb in the present tense shall include the future whenapplicable.e. Shall Have Been. ng>Theng> word “shall have been” include past and future cases.f. Shall and May. “Shall” is mandatory and “may” is permissive.g. Reasonable Time or Notice. In all cases where any provisions of this Code shallrequire any act to be done in a reasonable notice to be given, that reasonabletime or notice shall mean such time only as may be necessary for the promptperformance of that duty, or compliance with that notice.Section 14. Posting of Ordinances. Any ordinances carrying a penal provisionbecomes effective only after the same have been posted in the municipal bulletin board for171

Section 7. Other Codes. Other codes may be published separately, but thepublications shall bear all amendments and additions now or hereafter made.Section 8. Reference to Code. Whenever references are made to any portion ofthis Code the reference applies to all amendments and additions now or hereafter made.Section 9. Subsequently New Ordinances and their Integration. All ordinancesenacted subsequent to the date of affectivity of this code shall be integrated in such amanner that it will bear the correspondi<strong>ng</strong> chapter and section to which ordinance pertains.Section 10. Relation of Code to Prior Ordinances. <stro<strong>ng</strong>>The</stro<strong>ng</strong>> provisions of this Codethat are substantially the same with existi<strong>ng</strong> ordinances relati<strong>ng</strong> to the subject matters shallbe construed as restatement and continuation and not as new enactments.Section 11. Conflict Within/Between/Amo<strong>ng</strong> Chapters or Articles. Should theprovisions of the different chapters in this code conflict or contravene another, the provisionswithin each chapter shall prevail in so far as matters in each chapter are concerned.Section 12. Existi<strong>ng</strong> Rights. No action or proceedi<strong>ng</strong> commenced before this codetakes effect, and no right accrued shall be affected by this Code, and all proceduresthereafter taken shall conform to the provisions of this Code in so far as possible. <stro<strong>ng</strong>>The</stro<strong>ng</strong>>chapter and section headi<strong>ng</strong>s do not in any manner affect the scope, meani<strong>ng</strong>, or intent ofthe provisions of this Code. At the time this Code takes effect, all persons who hold officeunder any of the ordinance regarded by this code, but which offices are not organizationallyaffected by this code, shall continue to hold office in accordance with their tenure.Section 13. Rules in Interpreti<strong>ng</strong> the Provisions of this Code.a. General Rule. All words and phrases shall be construed and understoodaccordi<strong>ng</strong> to the common and approved usage of the la<strong>ng</strong>uage; but technicalwords and phrases and such others as may have acquired a peculiar andappropriate meani<strong>ng</strong> in the law shall be construed and understood accordi<strong>ng</strong> tothat peculiar and appropriate meani<strong>ng</strong>.b. Gender: Si<strong>ng</strong>ular and Plural. Every word importi<strong>ng</strong> the masculine gender as wellas the words “he/she”, “his/her” and “him/her” shall extend to both male andfemale. Every word importi<strong>ng</strong> the plural number shall extend and be applied toone person or thi<strong>ng</strong> as well as to several persons or thi<strong>ng</strong>s.c. Persons. <stro<strong>ng</strong>>The</stro<strong>ng</strong>> word “persons: shall extend and be applied to natural and juridicalpersons such as firms, corporations, or voluntary associations, unless plainlyinapplicable.d. Tenses. <stro<strong>ng</strong>>The</stro<strong>ng</strong>> use of any verb in the present tense shall include the future whenapplicable.e. Shall Have Been. <stro<strong>ng</strong>>The</stro<strong>ng</strong>> word “shall have been” include past and future cases.f. Shall and May. “Shall” is mandatory and “may” is permissive.g. Reasonable Time or Notice. In all cases where any provisions of this Code shallrequire any act to be done in a reasonable notice to be given, that reasonabletime or notice shall mean such time only as may be necessary for the promptperformance of that duty, or compliance with that notice.Section 14. Posti<strong>ng</strong> of Ordinances. Any ordinances carryi<strong>ng</strong> a penal provisionbecomes effective only after the same have been posted in the municipal bulletin board for171

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