Ordinances
and resolutions are not one and the same. An ordinance is a legislative action
of a general and permanent character. A resolution is temporary in nature. Both
ordinances and resolutions have to go through the following process before they
become laws:
1.
A
proposed ordinance or resolution is made in writing. It contains an assigned
control number, a title, an enacting clause and the date of proposed
effectivity. It is accompanied by a brief note explaining why it should be
approved.
2.
The
ordinance/resolution is posted simultaneously in at least four conspicuous
places (town halls, plazas, barangay halls, public markets or churches) or
published three times in a locally circulated newspaper within 10 days from its
filing.
3.
The
ordinance/resolution is referred to an appropriate Sanggunian committee. It
will be considered on second reading only if it has been reported on by the
assigned committee or certified as urgent by the mayor.
4.
The
Sanggunian secretary prepares copies of the proposed ordinance/resolution in
the form it was passed on second reading and gives a copy to each Sanggunian
member.
5.
The
Sanggunian holds public hearing 10 days from sending of notices or the last day
of publication of the proposed ordinance, whichever is later.
6.
The
Sanggunian passes the proposed ordinance and prepares the minutes. A resolution
need not go through a third reading for final consideration unless decided
otherwise by a majority of the Sanggunian.
7.
A
resolution or ordinance is considered valid only if it was approved by a
majority of the members present during a regular or special meeting, where
there must be a quorum.
8.
The
mayor approves or vetoes the proposed ordinance. In case of a veto, the chief
executive notifies the Sanggunian within 10 days in case of a city or
municipality. Otherwise, the ordinance is considered approved. The Sanggunian
can override a veto with a two-thirds vote.
9.
The
ordinance is published in a locally circulated newspaper within 10 days of its
approval before it takes effect.
10. The
ordinance undergoes review. The Sangguniang Bayan sends it to the Sangguniang
Panlalawigan for review. Action is required within 30 days. Appeals may be
raised to the Department of Justice within 30 days from the effectivity of the
ordinance. An appeal has no effect of suspending the effectivity of the
ordinance.
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