Simplified Manual on Codification

:
A Guidebook on Harmonization of Local Laws

Decentralization Program

The Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH is implementing the Decentralization Program in the Philippines on the basis of a commission from the German Federal Ministry for Economic Cooperation and Development (BMZ). The opinion and analyses expressed in this book do not necessarily reflect the views and official policies of the GTZ Decentralization Program. Published by the: German Technical Cooperation (GTZ) Decentralization Program Unit 2A PDCP Bank Centre Cor. V.A. Rufino & L.P. Leviste Streets Salcedo Village, Makati City, Philippines T (+63 2) 813-6821 F (+63 2) 892-8843 www.gtz.de/philippines

Over All Project Direction Evelyn A. Trompeta, CESO III Regional Director, DILG Regional Office VI Atty. Anthony C. Nuyda, CSEE OIC, Assistant Regional Director, DILG Regional Office VI Arce Dion Chua Regional Coordinator, GTZ Decentralization Program Consultants Fe Quanico Salcedo Rosela E. Lumauag Josefa A. Carandang Technical Coordination Anna Lee I. Mostacho Mariecelle N. Bello-Zamora

Copyright 2009© The Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH No part of publication may be reproduced in any manner whatsoever without permission from the copyright owner.
ISBN 978-971-94146-4-3

Contents
Messages Acknowledgements Acronyms 1. Introduction ................................................................................................................. 1 2. Understanding Codification ................................................................................... 3 What is Codification? ......................................................................................... 3 What the Codes May Contain ......................................................................... 5 3. Preparing to Codify.................................................................................................... 8 Codification Program Advocacy ..................................................................10 Technical Assistance Agreement .................................................................15 Organization and Management of the Codification Program .................................................................................16 4. Codification Roadmap ............................................................................................20 Pre Drafting .........................................................................................................21 Drafting .................................................................................................................24 Enactment of the Code ...................................................................................28 Post Enactment ..................................................................................................29 5. Evaluating the Code Implementation .............................................................30 Implementing the Code .................................................................................30 Legislative Oversight........................................................................................31 6. Conclusion ..................................................................................................................34 Key Factors that Make Codification Easy ..................................................34 Codification Milestones Checklist ...............................................................35 Glossary of Terms..............................................................................................................36 Annexes ...............................................................................................................................37

Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

Message
revisit of Philippine history would reveal that we have been codifying laws even before the Spanish rule. It exemplifies the innate capacities and character of Filipinos to apply order and regulation in its “balangays,” now known as communities.
The DILG has been trying to assist our local government units in putting up a system for filing, classification and organization of ordinances. A system for codification had been introduced before but local efforts did not prosper due to lack of technical experts on this area. The synergy between the German Technical CooperationDecentralization Program and the DILG Regional Office VI paved the way to the realization of this manual. Amidst the quandaries and gargantuan tasks our Department is handling, I am elated that you have embarked on this undertaking. With codified local laws, confusion could be eliminated, local authorities will have the confidence and consistency in enforcing laws and most importantly it will promote transparency. Further, it can create a harmonious yet defined relationship between the local executive and legislative body. We, at the Central Management take pride on this noteworthy accomplishment. My gratitude goes to GTZ for the overwhelming assistance and for bolstering the programs and thrusts of the Department. To DILG Region VI, my congratulations and commendations for the extra effort in fusing the knowledge and expertise of our local legislation specialists in formulating this manual. Rest assured that you have the full support and appreciation of the entire DILG family. Mabuhay kayo!

A

Ronaldo V. puno Secretary Department of the Interior and Local Government (DILG)

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Message
would like to extend my congratulations to the German Technical Cooperation (GTZ) Decentralization Program and the DILG Regional Office VI for coming up with this first ever codification manual.
This is a huge achievement as far as local legislation is concerned. I am elated with the efforts of GTZ and DILG6 in merging all available knowledge and resources in order to come up with a very comprehensive, informative and at the same time a useful material that could readily be used by local legislators. Through decades of codification practice, voluminous amounts of policies and ordinances have been passed thus, creating duplications, unclear and conflicting interpretations. This manual will facilitate the review and harmonization of policies and ordinances in coming up with a CODE that is responsive to the needs of the people and the local legislative bodies. It is my hope that this manual will also resolve inconsistencies in existing policies and ordinances. Moreover, it is expected to help in the promotion of transparency and good local governance. With that, I would like to commend the people behind the creation of this manual especially the group who had inputted their technical expertise in codifying ordinances. To the GTZ and DILG6, congratulations for a job well done!

I

auSteRe a. panadeRo Undersecretary for Local Government Department of the Interior and Local Government (DILG)

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Message

O

n behalf of the DILG Regional Office VI, I would like to extend my heartfelt gratitude to those who took part in the realization of this dream, the first ever codification manual in the country.

We consider this as a milestone in the history of local legislation. This manual will guide LGUs in harmonizing their policies and ordinances to come up with a compilation of ordinances that will readily address problems in duplications, inconsistencies and conflicting interpretations. Moreover, it could spur economic growth and effective local administration by providing clear provisions to operations and implementation of laws. It will also project a good business environment for investors. I would like to thank the German Technical Cooperation (GTZ) for their endearing support to the programs and projects of the Department especially in Region VI. You have made this endeavour possible through this partnership! My commendation goes to the people who had inputted their technical expertise and efforts in coming up with this manual. I am honored to present to you our contribution in promoting transparency and good local governance in the Philippines!

eVelYn a. tRompeta Regional Director Department of the Interior and Local Government (DILG) Region VI

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Message

D

ecentralization is a global trend which aims to improve access to services, fit government actions to private needs, and increase opportunities for statesociety interactions, thus bringing governance “closer to people”. The Local Government Code of 1991 which decentralized governance is considered as one of the best and most revolutionary reform laws in Asia.

With that, the German Technical Cooperation has pledged its support in assisting central and local governments attain local autonomy, enhance transparency and accountability, improve service delivery and achieve sustainability. One of the essential components of decentralization is the strengthening of the Local Government Units’ (LGUs’) capacity in legislation because at the local level this is of utmost importance. Legislation should be well understood by all parties concerned including the executive and legislative. This aspect of governance had been facing critical issues such as duplication and incorrect interpretation of laws. Lack of policies has been a crucial factor in deterring economic progress and good administration. The codification manual was formulated in order to address the gaps and concerns in local laws. It is our hope that this document will synchronize local and legislative actions in promoting growth and progress in the localities. Furthermore, this manual is comprehensive enough to serve as a good reference particularly for the LGUs, notwithstanding the requirements of legal documents. We, at the GTZ staunchly support the unrelenting efforts of DILG in providing technical assistance and capacity building to Local Government Units. The Decentralization Program will continually commit its resources in attaining excellence in local governance. The forged partnership with DILG exemplifies the incessant need for government and the development institutions to work together towards a common goal of building better and stronger communities for the Filipino citizenry.

dR. HeRWiG maYeR Program Manager GTZ Decentralization Program

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Acknowledgements

The Department of the Interior and Local Government in Region VI and the German Technical Cooperation Decentralization Program are grateful to the following local government units and academic communities for their time and effort in validating the content of this knowledge product. • • • • • From the Province of Cebu: Barili, Carcar, Compostela, Consolacion, Cordova, Danao, Liloan, Minglanilla, Moalboal, Naga, Talisay and San Fernando From Western Visayas: Malay and Makato, Aklan San Jose and Sibalom, Antique Pan-ay and Maayon, Capiz Buenavista and Nueva Valencia, Guimaras New Lucena and Tubungan, Iloilo Hinigaran and Silay City, Negros Occidental Provinces of Guimaras and Iloilo Iloilo City Central Philippine University University of the Philippines in the Visayas University of San Agustin

With our gratitude is the memory of the wealth of your knowledge and your willingness to share it. It has made this codification guide more grounded to realities of codification challenges.

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Acronyms
C/MLGOO LGOO CSO DENR DILG ELA GTZ GTZDP IP LCE LGPMS LGU LL LLEDAC MOA NGO PO RA SCALOG SLGR TA TWG City/Municipal Local Government Operations Officer Local Government Operations Officer Civil Society Organizations Department of the Environment and Natural Resources Department of the Interior and Local Government Executive and Legislative Agenda German Technical Cooperation German Technical Cooperation Decentralization Program Indigenous People Local Chief Executive Local Governance Performance Management System Local Government Unit Local Legislation Local Legislative-Executive Development Advisory Council Memorandum of Agreement Non Governmental Organizations People’s Organization Republic Act Systems Competency for Local Governance State of Local Governance Report Technical Assistance Technical Working Group

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1 Introduction

overnment administration is generally carried out through the implementation of policies embodied in laws enacted by the national legislature and ordinances passed by local legislative bodies. Through the years, these laws and ordinances increased in volume thus resulting to difficulty in information retrieval, duplication in laws and policies, unclear legislation, conflicting interpretations, unenforceability and non-responsiveness of ordinances and policies to local development needs. Most often, local executives and law enforcers have a hard time in the enforcement of ordinances and policies due to lack of coherence and consistency of laws and regulations being implemented as well as convenient access to information contained in the laws. To address such situations, the Bureau of Local Government Supervision of the Department of the Interior and Local Government (DILG) had earlier introduced a system of codification. The importance of codification is further reiterated and reinforced by DILG through the Local Governance Performance Management System (LGPMS). In LGPMS, codification is made one of the bases in local legislation productivity performance evaluation wherefore municipalities, cities and provinces are expected to codify the major codes. Notwithstanding, many LGUs remained unable to codify. Some of the identified problems were: lack of understanding and appreciation of the importance of codification, conflict between the legislative and executive bodies, apprehension that codification is an expensive endeavor, absence of technical expertise among LGUs and inadequate availability of technical support.

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Selected DILG personnel were trained as Local Legislation Specialists. However, their number had remained as it is and would not suffice to assist all the LGUs in need of technical assistance. Recognizing the limitations, DILG Regional Office 6 embarked into the project of coming up with a knowledge product on codification. Supported by the Decentralization Program (DP) of the German Technical Cooperation (GTZ), this project utilized the available wealth of codification knowledge, learning and experiences of the Local Legislation (LL) Specialists at DILG Region VI and the GTZ DP Consultants. The idea was to generate practical information on codification for Local Government Units, DILG Officers, Civil Society Organizations and Academe interested to assist the codification initiatives of the LGUs and those with course offering on local governance and administration including local legislation. This is a knowledge resource generated from field learnings and experiences so that codification becomes easy and sensible task for every municipality, city and province.

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2 Understanding Codification
n the Philippines, the history of codification can be traced as far as the pre-Spanish Era through the Code of Sumakwel and the Code of Kalantiaw. Spain, also introduced the practice of codification in the Philippines. Among the codes which Spain enforced in the Philippines were the Spanish Civil Code and the Penal Code. The practice of codification was retained during the period of American occupation up to the present. What is Codification?
Codification is a joint effort of the executive and legislative branches of the Local Government Unit in the systematic process of collecting, inventorying and classifying legislation by subject of law or practice, revising, supplementing and consolidating provisions to efficiently and effectively inform the public through an enactment of its end product – a Code

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Codification is derived from the root word code. It denotes the creation of codes, which are compilation of written statutes, rules, and regulations that inform the public of acceptable and unacceptable behavior. It is the collection and systematic arrangement usually by subject of the laws of a state or country, or the statutory provisions, rules, and regulations that govern a specific area or subject of law or practice.

Codification as seen from various experiences • Review and updating of the antiquated ordinances that do not fit the needs of the current times as well as correct conflict and inconsistencies Complete and systematic process of collection and organization of all local laws and regulations of a general and permanent nature into a new enactment – a Code that is responsive to people’s needs The result is a stylized document that is easy to read and to access. It embodies all the ordinances, past and present of the local government unit and is therefore the repository of the body of rules and regulations institutionalizing local legislation for their proper enforcement

“Codes serve as our “bible” in managing the LGU. All municipalities, provinces, cities, the entire country should embark into Codification.” Oscar “Richard” S. Garin, Jr, Former Mayor, Guimbal, Iloilo

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What the Codes may Contain? a. environment Code

Case 1 I. General or Introductory Provisions - Short Title and Scope - Rules of Construction - Definitions - Policy Statement - Authority - Governing Laws - Acronyms II. Provisions on A. Land B. Water C. Air D. Noise III. Final Provisions - Penal Clause - Separability Clause - Repealing Clause - Effectivity - Rules on Amendment

Case 2 Article I: Title of the Ordinance Article II: Authority and Purpose Article III: Forest Resources Article IV: Mineral Resources Article V: Water Resources Article VI: Ecological Solid Waste Management Article VII: Coastal Resources Article VIII: Air Quality Management Article IX: Eco-tourism Article X: Environmental Impact Assessment Article XI: Land Use Planning Article XII: Organization Article XIII: Penalties and Miscellaneous Provisions

See Annex F for a more detailed outline of Case 2

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B. investment and incentive Code
Case 1 I. General or Introductory Provisions (Short Title and Scope; Rules of Construction; Definitions; Policy Statement; Authority and Governing Laws; Acronyms) II. Purpose, Objectives and Goal III. Institutional Support (Investment Board; its creation; composition; powers, duties and functions; staff ) IV. Technical Support V. Local Investment Priority Plan VI. Local Investment Priority Areas VII. Preferred Areas of Investment VIII. Qualifications IX. Incentives and Privileges X. Mandated Appropriation XI. Final Provisions (Penal Clause/Grounds for revoking and/or withdrawal of incentives and/or privileges; Separability Clause; Repealing Clause; Effectivity; Rules on Amendment) Case 2 Article 1: Title of the Ordinance; Declaration of Policies Article 2. Definition of Terms Article 3. Qualifications of Applicants and Other Technical Requirements Article 4. Organization Article 5. Investment Incentives Article 6. Priority/ Preferred Areas of Investments Article 7. Registration Article 8. Exception and Non-Transferability of Incentives and Privileges Article 9. Annual Inspection and Reporting Article 10. Violations and Penalty Article 11. Miscellaneous Provisions Article 12. Final Provisions

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

C. Code of General ordinances I. II. III. General or Introductory Provisions Short Title and Scope Rules of Construction Definitions Acronyms Provisions on Public Morality Health and Sanitation Transportation Games and Amusements Public Safety, Peace and Order Final Provisions Penal Clause Separability Clause Repealing Clause Rules on Amendment Effectivity d. Revenue Code Chapter 1 General Provisions - Title of the Code - Scope - Accrual of Collections - Definition of Terms Chapter 2 Organization and Management Chapter 3 Business Taxes, Fees and Permits Chapter 4 Real Property Tax Chapter 5 Final Provisions - Repealing Clause, - Separability Clause - Applicability Clause - Amendments - Effectivity

“ Codification strengthens the relationship between executive and legislative”
Local Legislation Specialists, DILG Region VI

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3 Preparing to Codify

A
1. 2. 3.

n LGU can size up its performance in local governance based on the existence of the fore cited relevant codes. To pursue a codification program, there are several steps that one should take into account.

pRe-CodifiCation pHaSe Codification program advocacy Know the governance terrain Getting the buy-in for the Codification Program technical assistance agreement organization and management of the Codification program Formation of Codification Committee and Technical Working Group Budgeting and Action Planning Capacity building for the Codification Committee and Technical Working Group

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

Learning from the Experience Codification… Approved! A local legislation specialist was invited by the City of Victorias The CLGOO talked to the Mayor about the Codification of Ordinances. After answering all their questions, he was able to convince both the Mayor and Vice-Mayor of the importance and benefits that the city will derive from codification. The Mayor then made a letter of addressed to the DILG Provincial Director requesting for assistance in the conduct of an Orientation Briefing on Codification of Ordinances for city officials and department heads. As a result, the following were passed: 1) A Resolution approving the codification of existing ordinances into a City Revenue Code, Code of General Ordinances, Environment Code and Investment Incentives Code in City of Victoria; 2) A Resolution authorizing the City Mayor to sign the MOA for and in behalf of the City of Victoria with the DILG Negros Occidental on codification; 3) A Resolution that creating the City Codification Committee and the Technical Working Group; and 4) A Resolution that requesting the Office of the City Mayor to set aside the amount of PhP 130,000 as allocation for the Codification of Ordinances Project.

It is best to advocate for codification during the first year of the three-year term of the LCE. One year before election is not advisable as most elective officials will be busy with their campaigns and will not be supportive or interested to discuss matters that are perceived to be detrimental to their re-election bid.

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3.1. Codification program advocacy
Know the governance terrain The objective of this step is to prepare for the codification program’s social marketing and advocacy. This is for both internal and external technical assistance providers. Be familiar with LGU strengths, weaknesses, capacity development needs and dynamics of interpersonal relationship among local officials and employees. Know the legal bases of codification and the external factors that would motivate LGUs to codify. Build on the LGU’s needs and the external motivators in advocating for codification. Be able to expound on the importance of codification. Have an idea on reasons why LGUs go into codification. The LGU’s performance and capacity level can be gleaned from its State of Local Governance Report (SLGR), LGPMS, Systems Competency for Local Governance (SCALOG), Executive and Legislative Agenda (ELA) and the LGU Capacity Development Plan. A management audit may be conducted. Getting the buy-in for the Codification program The objective is to get local officials as well as NGOs, POs, CSOs and private sector interested in and committed to codification through social marketing and advocacy. This can be done through codification orientation and consultative meetings. Commitment to codify is concretized through Sanggunian Resolution and/or Executive Order (EO) to codify. The EO should stipulate composition of the Codification Committee and the Technical Working Group. Advocacy messages should be clear as to the importance, purpose and legal bases of codification. Paving the way towards the vision In an LGU Management Audit Review, several critical issues emerged. The most striking of which was the lack of policies that will create for the LGU a more economically viable climate and will help them embark on decisive steps towards genuine progress. The said LGU realized the

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

importance and the urgency of coming up with the Investment Incentive and Revenue Codes. However, the LGU leadership made a non-negotiable stand on environmental protection. Thus, the Environment Code must be formulated first before coming up with the Investment and Revenue Codes. The realization was: to propel the LGU to achieve its vision of progress, codification needs to happen and that Codes have to be mutually supportive and complementary.

Vision of a more economically viable climate

Genuine Progress promoting welfare

Revenue Code

Investment Incentive Code

Code of General Ordinance

Environment Code

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10 Reasons Why lGus Codify
1. 2. To eliminate hours of frustrating research To maintain laws in a comprehensive, up-to-date and understandable form 3. To harmonize national and local laws 4. To avoid confusion, conflict and duplication of ordinances 5. To enhance public and private sector partnership 6. To enforce laws with confidence and consistency 7. To ensure correct interpretation of laws 8. To facilitate citizen’s access and easy retrieval of local laws thereby enhancing transparency in governance 9. To synchronize legislative and executive actions towards local development needs 10. To harmonize laws and policies in the pursuit of LGUs development vision and citizen’s general welfare

In summary, ordinances and other legally binding documents are codified to provide convenience,

completeness, clarity, confidence and consistency in
the enforcement of laws

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

legal Bases (for Codification)
In advocating for the Codification Program, one may expound on the following legal bases:   RA 7160 (Local Government Code of 1991) Sec. 16, 17, 97, 129, 444, 447, 455, 458, 465, 468 DILG Memorandum Circular on LGPMS

Codes

purposes

legal Bases RA 7160 Sec. 16, Sec. 17 RA 7160 Book III. Power to enact ordinances for municipalities, cities, provinces

Environment • Protects the right of the people to a balanced ecology • Promotes the spirit of stewardship • Promotes sustainable development Investment Incentive • Promotes the LGU as an investment destination • Promotes establishment of growth inducing industries and preferred areas for investment • Promotes local job generation • Eliminates red tape in local bureaucracy in the context of ARTA • Increases opportunity of partnership with the private sector • Increases availability of local revenue for the delivery of quality basic services to the people • Maximizes local taxing opportunities provided for in Book II, Title I, Section 129 (Power to Create

RA 7160 Book II, Title I, Chapter 5, Sec. 192. Authority to Grant Tax Exemption Privilege (for all LGUs at all levels) RA 7160 Book II, Title I, Chapter 5, Sec. 193. Withdrawal of Tax Exemption Privileges (for all LGUs at all levels)

Revenue

RA 7160 Book II Title I on scope of taxing powers: - Chapter 2, Article 1 for provinces, Article 2 for municipalities, Article 3 for cities, Article 5 for Common RevenueRaising Powers

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Codes

purposes Sources of Revenue) of the 1991 Local Government Code • Reduces tax evasion

legal Bases Book III. Power to enact tax ordinances: - Chapter 3, Art. 3, Sec. 447, (2) (i-xv), (3) (i-vii) for municipalities - Chapter 3, Art. 3, Sec. 458, (2) (i-xv), (3) (i-vii) for cities - Title 4, Chapter 2, Art. 3, Sec. 468, (i-ii) for provinces - DILG MC 51, s. 1998 Establishment of a Local Revenue Management Information System. - DILG MC on Revenue Code Updating - DILG MC 2009-42. Guidelines on imposition and collection of local taxes, fees and charges RA 7160 Sec 16, Sec 17. Powers to enact ordinances of general application: - Section 444 and 447 (municipalities) - Section 455 and 458 (cities) - Section 465 and 468 (provinces)

General Ordinance

• Optimizes the LGU’s exercise of its police power provided for RA7160 • Promotes public order and safety • Institutionalizes local bureaucracy

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3.2. technical assistance agreement
It is highly recommended that when the LGU involves external technical assistance for codification it should exert its best efforts to establish clear agreements between the LGU and the technical assistance providers. For this, a Memorandum of Agreement (MOA), stating the terms of reference of the technical assistance to be provided and duties and responsibilities of each party, can be signed by the LGU, DILG and other partners. (See Annex A for sample MOA) possible Roles
LGU lCe – Gives general directions and guidelines; leadership; moral and financial support Vice-lCe – Provides supervision, technical and moral support Sanggunian –Responsible for the enactment of the Code. Through the Sanggunian Secretary, provides technical, secretariat and moral support planning and development Coordinator- Facilitates, coordinates and monitors the Codification Program plan of action and resource requirements. Guides the developmental perspective and direction Facilitator, coach, information broker and program coordinator Facilitator, coach, information broker and program coordinator Provides technical assistance on the codification processes; may also serve as program coordinator; could be DILG Local Legislation Specialist or consultant from the academe, Non- Governmental Organization (NGO) or a training institute Develops competencies of the Codification Committee and Technical Working Group (TWG), in partnership with the DILG Officer

DILG (LGOO) TA Provider

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3.3 organization and management of the Codification program
formation of Codification Committee & tWG To formally organize the team, orient members of the Codification Committee and TWG on their roles, tasks and responsibilities in a meeting duly called for this purpose.
Codification Committee Responsible for the codification process and corresponding tasks. Technical Working Group 1. The working arm of the Codification Committee 2. Performs technical codification tasks Secretariat 3. Responsible for filing and safekeeping of draft codes 4. Performs administrative support 5. LGU Codification Program Coordinator 6. Encoders 7. Sanggunian Support Staff

Suggested composition: Chairperson: Vice Mayor Members: Sanggunian Chairpersons of each major LGU Code, Department heads, CSOs Facilitator/Coach: DILG Local Government Operations Officer

Sanggunian Chairpersons of each major LGU Code LGU Senior Technical Staff from every Office or department
(See Annex B for suggested specific composition of Technical Working Group per Code to be prepared)

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

other Stakeholders: • The Local Legislation (LL) Specialist. Could be from the pool of DILG Specialists or institutions that are capable to extend technical assistance on codification. May also be referred to as Technical Assistance (TA) provider. A TA provider may be an individual such as in the case of LL Specialist or a multi-disciplinary team that altogether renders technical assistance on codification. The Internal and External Codification Program Team. The Internal Team members refer to insiders or local functionaries and experts. External Team members refer to technical experts outside the LGU. Both are expected to extend technical support to the Codification Program. The Legal Team. Composed of LGU legal counsel and its staff. In case an LGU does not have one, legal support may be obtained from the next higher LGU or from the private sector. Involve or engage the legal team at the earliest possible time of the codification process. The Codification Champions. They come from the Executive and Legislative branches. These are often the Sanggunian Secretary and/or the Planning and Development Coordinator who usher the full completion of the codification process. They also include the sponsors of the codes who are Sanggunian Members as chairs of the standing committees of the major codes. They are responsible to see the codes through the enactment stage.

“ An external TA provider bridges the gap between and among local stakeholders to participate in the whole process. It also gets people together to agree to do the codification, and lends the sense of urgency to the LGUs so that they can complete in the earliest possible time.” -Antique Codification Experience

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Budgeting During the codification advocacy, LGU should understand that the Codification Program has resource requirements, both monetary and non-monetary. Prepare a project/ program proposal (see Annex C). Have this endorsed by the Vice Mayor/Governor and approved by the LCE. This can help ensure budget availability. At the minimum the resource requirements include the following: • Personnel ( legal researcher, encoder) • Supplies and materials • Equipment and facilities (computer, printer, scanner, photo copying machines, working place) It is also important to allocate for the following activities: • Capacity building for local legislation and codification • Publication and reproduction of the code(s) An allocation for consultancy cost may be allocated should the LGU sees a need for it.

• Hiring encoder(s) and assigning computer(s) exclusive for the Codification Program hasten the completion of the tasks • Budget for reproduction may be added later after the code has been enacted • Digitizing maybe considered as a budget item in the codification process. Though an enabler in the process, it is not a requirement • Tips of reducing cost: - Utilize available local resources - Finish the code at the shortest possible time (not to exceed 1 year) - Conduct public hearing thru catchment basis - Plan out activities to maximize topics to be discussed during meetings and feedbacking sessions

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action planning Prepare an Implementation Schedule or an Action Plan (see Annex G1 & G2). It should be duly discussed, developed and agreed upon by the stakeholders. This is an important tool for setting direction, tracking progress and for keeping codification activities in track towards completion. Capacity Building for the Codification Committee and tWG It is a must to conduct a codification orientation and team building for the Codification Committee, TWG and Secretariat before the start of the codification proper. This is to clarify the expected outputs, roles, define work values, level off on expectations and firm up commitments. A seminar on legislation development is also important (see Annex E for Training Module Outline).

A Team Makes a Difference! What made the Guimbal experience successful was the concerted effort and commitment of all stakeholders involved – from the Program Management Team to the Codification Committee to the TWG – even when faced with various challenges and problems such as: - Crashing of computer where ALL the ordinances were saved; this required encoding EVERYTHING again - Depletion of financial resources in the middle of the project. While waiting for supplemental budget, the Secretariat had to resort to the use of carbon paper (when ink ran out) so that the revised code would be printed in time for a Committee meeting!

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4 Codification Roadmap
pre drafting 4.1 Compilation 4.2 Inventory 4.3 Classification

4.7 Output Consolidation and Review

drafting

4.6 Supplementation

4.5 Revision

4.4 Writing Manuscript

enactment

4.8 Public Consultation 4.12 LCE Approval

4.9 Committee Meetings and Reporting

4.10 2nd Sanggunian Reading

4.11 3rd Sanggunian Reading 4.16 Reproduction of Approved Codes

post enactment

4.13 Publication of Approved Codes 4.14 Transmittal & Review of Higher Sanggunian

4.15 Effectivity

4.17 Distribution of Codes

The roadmap applies to both developing a new code and reviewing an existing one. The details of a step-by-step guide per phase are hereto presented.

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pre-drafting 4.1. Compilation - Identify ordinances to be codified and its sources (i.e. logbook, minutes, Mayor’s Office or next higher LGU, etc) - Gather and compile existing ordinances. - Ensure presence of a legislative tracking system that leads to faster and easier compilation process inventory - List down all ordinances according to date of enactment , source , subject matter and status (Form in Annex D) - Remember, the status should indicate whether the ordinance is original, amended or repealed. Classification - Classify ordinances by topic i.e. Environment, Investment, Revenue, Health, Zoning, Transportation, etc. (Form in Annex D) - Not only the whole but sections of the ordinance need to be classified. An ordinance may have sections that belong to various classification - Group together similar pieces of legislation - Repealed or superseded ordinances are eliminated - Exclude ordinances that will not be relevant to the subject of the Code prepared. Example: When preparing a code of general ordinances, revenue and investment incentive ordinances are excluded.

4.2.

4.3.

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Practical Tips Pre-drafting Stage

Be guided by Presidential Decrees and Proclamations, Republic Acts, Departmental Mandates, Administrative and Executive Orders, local ordinances related to the subjects and applicable local conditions. Avoid embarrassing situations by remembering that Codes from other LGUs are meant to be used as benchmarks but not to be cut and paste into your own document. In case primary data and copies of the legal documents are not available in the Office of the Sanggunian, check the Office of the LCE, or the higher Sanggunian, or other concerned offices In doing an inventory, list down the latest to the oldest. This is convenient especially when an LGU, especially cities, has hundreds if not thousands of legal documents to inventory. Though not a hard rule, inventory may cover ordinances that were passed within the frame of 25 years It is important to orient encoders in the codification process and the guiding principles. In many cases, they are also tapped to do pre-drafting tasks.

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Broader sectoral participation makes codification work easy. Knowing and understanding the development needs through consultations facilitate the completion of the proposed code.

Dumarao’s People Congress
“The Indigenous People (IP) living in the hinterlands within the territorial jurisdiction of the Municipality of Dumarao is represented in Dumarao People’s Congress. The People’s Congress was a venue for the people of Dumarao to share their aspirations, express their opinions and articulate their development needs. It only took a matter of three months to comprehensively complete the Environment Code of Dumarao because of the excellent inputs provided by the members of the People’s Congress. The members were very interested and extensively participated in the codification project. One major result of the completed Environment Code was the Memorandum of Understanding forged between the DENR and the municipality to protect and preserve the ancestral domain of the IP.”

Gather and study codes of other LGUs. They can be used as benchmarks in preparing own code. What’s in a name? In 2006, an LGU in Region VI embarked on a codification project. Members of the TWG were confident that they would be able to complete the task without difficulty since they had a model code from another LGU in their possession. At the final stage of their work, which is the approval on the third reading, they were horrified to find out that it was the name of the model LGU that appeared on their document!

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drafting 4.4 Writing the draft manuscript Prepare a manuscript or draft code. Use topical headings or subjects for classification in preparing for an outline of the ordinances’ codified version i.e. environmental measures may be classified as solid waste management, water quality management, air quality management, land use management, etc. Revision - Revise the provisions not in consonance or in conflict with present needs and inconsistent with existing laws. - Take into account compliance with statutory requirements and conformance to current practice or policy as well as provisions that could be standardized - This is also about language improvement. Take note of ineffective wording or misleading information. Endeavor to use gender –neutral language e.g. instead of chairman use chairperson, instead of policeman use police officer Supplementation - Add, amend or modify certain provisions of existing ordinances - In determining what to add, amend or modify, check back development vision and gaps - Take stock of the missing information or legislation - Consider possible enforcement problems output Consolidation and Review The Codification Committee consolidates the draft outputs for review and consultation. Conduct of mock hearing is recommended prior to public hearing.

4.5

4.6

4.7

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

Why Conduct a Mock Hearing? • It is a venue to validate the outputs among team members. The Codification Committee together with the TWG, Program Coordinator, Coach (if any) and Local Legislation Specialist present the outputs to the Sanggunian and the internal and external codification team. The intent is to get their comments and suggestions as well as validate provisions in preparing for the public hearing or consultation. • To validate the support, acceptance and approval of the Codification Program, which includes generation of the outputs and the processes involved the Codification Team and TWG should work as one. The mock hearing can thresh out possible personal and political dynamics in relation to processes and outputs. • It provides opportunity for internal and external stakeholders (specialists and experts) to synchronize various provisions. It is also a venue to thresh out possible overlapping and gaps before the draft is presented for public consultation/hearing. • It keeps everybody in the loop as to the status and content of the draft products, thus, putting everyone in state of readiness should one member of the team be not around during the actual public hearing.

mock Hearing is not a mandated process. This is added as an activity in preparation for the public consultation or hearing. Not all codes are required to be subjected to a public Hearing. However, based on the principles of developmental legislation, public consultation is a MUST. (See Annex H for Practical Tips)

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Practical Tips Drafting Stage

Codifying one code after the other, i.e. Environment Code to Investment Code, is helpful in revising and supplementing provisions Advice from the experts is crucial at the drafting stage. Get support from the legal team and department heads. The legal mind can facilitate very well the process, language and framing up of the Code Keep the spirit alive. Facilitate activities such as team building in between codification activities. It would continuously inspire people to work Keep everybody abreast of the status of activities Harmonization is important when an LGU is a member of an Alliance Conduct legal and social research as well as consultation and validation meetings among internal and external stakeholders. Focused Group Discussions are also advisable at this stage as they broaden perspectives

• •

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

tHinGS to WatCH out foR
 Crashing computers. Always back up your files!  Missing files and documents. One personnel should be

responsible for filing and safe keeping of files especially draft codes. the finish line!

 Keeping track of the schedule. It will keep you going until  Non-completion of expected outputs on time, defective

machines, inadequate supplies and materials, ineffective methods/processes and budget level. Bring these to the attention of the Codification Committee Chairperson. issues brought to the Codification Committee

 Check on the actions done in relation to problems and  Be on the look-out of extra-curricular activities. When

these happen during the codification period, the Team should agree on the solutions. These may include overtime work or immediate adjustment of schedules and assignments community’s reaction to the on-going process. Committee and the Technical Working Group

 Be on the lookout for the political climate and

 Conduct of regular meetings by the Codification

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enactment of the Code 4.8. public Consultation Presentation of codes to the stakeholders for comments and reactions Conduct of Committee meetings and Submission of Committee Reports

4.9.

4.10. Sanggunian 2nd Reading - Period of Debate - Period of Amendment - Approval on “second reading” 4.11. Sanggunian 3rd and final Reading - Reading - Period of Voting 4.12. Approval of the Local Chief Executive The approved measure is presented to the LCE for action. The LCE may approve or veto the ordinance

Some Points to Remember…
• • • • • • • • • Aside from sending letters of invitation to the public hearing, hang streamers and distribute leaflets Make sure that resource persons are available to form part of the panel of internal and external experts during the public consultation. They can address issues, queries and clarifications. Attendance and minutes of the public hearing should be given due attention. Do not lump all sectors in one hearing, especially in big municipalities and cities Provide copies of the legislative proposal highlighting the salient features; use recycled paper Mobilize punong barangays and other officials It helps to recognize authors of the ordinances that have been codified. Codification Committee and TWG members who are more aware of the codification processes and outputs put up a common stand during the public hearing. More codification champions should be developed in the process. The Committee should not rely on the Chairperson alone. Work as a team to avoid work paralysis when the Chairperson is not available

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post enactment of the Code 4.13. publication of approved Codes - Post the approved codes of ordinances in a bulletin board at the entrance to the city or municipal hall or at the provincial capitol and in at least two conspicuous places in the LGU concerned not later than five days after its approval. - Content shall be disseminated in Filipino or English and in the Philippines dialect understood by the majority of the people. - Ordinances with penal provisions shall be posted for a minimum of three consecutive weeks, and published in a newspaper of general circulation within the territorial jurisdiction of the local government unit concerned. 4.14. transmittal and Review of Higher Sanggunian - An ordinance from a component city or municipality shall be reviewed by the provincial sanggunian three days after its approval. - If no action is taken by a higher level sanggunian within 30 days after submission of an ordinance, it shall be deemed valid. 4.15. Effectivity The Code of Ordinances shall take effect ten days from the date a copy of it is posted. Unless otherwise provided therein, ordinance with penal provisions shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later. (Ref. RA 7160 Sec 59, Sec 187) 4.16. Reproduction of approved Codes - Most LGUs allocate for the reproduction of approved codes as soon as the Code preparation is in progress, separate from the Codification Program budget. - Consider reproduction of approved copies through compacts disks, it could be less costly 4.17. distribution of Codes Reproducing the approved costs could be costly. LGUs prioritize distribution of copies to the implementers, schools and barangay councils. Wider dissemination and better access at a lesser cost can be achieved by posting and popularizing the codes through the LGU website.

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5 Evaluating Code Implementation
n a series of discussion, participants shared that undergoing the codification process improves legislators’ knowledge on local legislation, ensures that stakeholders share the same vision for the LGU, and builds camaraderie between the executive and legislative bodies as well as effects good governance. However, after all the processes and enactment of the Code, what then? Was the law enforceable? Did it bring about a more economically viable LGU? Were there more investors? Did local income increase? Did it improve the general welfare of the people? Did it bring the desired result to the development challenges that the Code intends to address? These are important questions that the Sanggunian and the Executive Branch should look into after the enactment of the Code.

I

implementing the Code the implementing Rules and Regulations (iRR) are formulated for the purpose of implementing an ordinance. Most assume that when a local code is formulated, it is complete in itself with clear implementing rules and regulations embodied in it. However, it is not in all cases. Many still see the need and importance of coming up with a separate IRR (an on-line example of an IRR on Investment and Incentives Code is

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found in http://www.quezon.gov.ph/qptic/rules.cfm). By taking an active part in the drafting and review of the IRRs, the Sanggunian, through its committees can guide the executive branch to the true intent of the ordinance and at the same time performs its oversight function.

legislative oversight the Sanggunian oversight function refers to its review and evaluation of selected executive branch activities. As the Sanggunian enacts ordinances for various development programs as well as authorize the allocation of necessary fund requirements, it is therefore duty bound to ensure that programs are implemented efficiently, effectively and consistent with the development and legislative intent. The Legislators’ Toolkit developed by the Philippines – Canada Local Government Support Program listed the following techniques that the Sanggunian may use in its oversight activities. 1. The Local Legislative-Executive Development Advisory Council (lledaC) This is essentially a mechanism for legislative-executive cooperation, but it can also serve as an oversight tool of the sanggunian. As both bodies are represented, the oversight task of the sanggunian is less threatening and thereby promotes more openness.

In considering LLEDAC as a mechanism for sanggunian oversight task, the LGU should include the following in its statement of duties and responsibilities: “ LLEDAC shall monitor and review the implementation by the executive of all resolutions and ordinances approved by the sanggunian.”

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2.

Committee meetings and Hearings The mechanism often supports the ordinance formulation task of the sanggunian. However, this also becomes the venue of reviewing and evaluating implementation of existing laws. The understanding of results or non-results, enforceability or non- enforceability of the existing laws ushers in possible new piece of legislation.

3.

Sunset provisions It is a provision in an ordinance or law that places an expiration date on an entire ordinance or part of an ordinance. This is one way to systematically evaluate an agency or program -- by establishing a specific date, e.g. four years, for the termination of a law creating the agency or program.

4.

fiscal oversight The Sanggunian can enact a statutory reporting requirement in the ordinance. By doing so, it institutionalizes the submission of performance or spending reports of a local agency. This enables the sanggunian to monitor and evaluate implementation of the code by the concerned and responsible agency.

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Knowing the Results The Investment Incentive Code of the Municipality of Guimbal provided for the establishment of a One-Stop-Shop Center as a mechanism to simplify the business application system of the municipality. The development objective was to increase the number of investors and ultimately increase local income. To determine whether the desired result of incorporating the establishment of the One-Stop-Shop in the Investment Incentive Code had been met, indicators as follows were used: a) Number of establishments registered at the onset of the OneStop-Shop, and b) Level of locally-generated income from new establishments An increase in the number of establishments from about 400 in 2002 to 650 in 2007 was observed. Local income increased from 4 million to more than 5 million in the ensuing year and continues to increase annually. These information on results emanated from the executive office and was shared to the legislative body. It was like “Reporting back” to the sanggunian. Most LCEs do this during the delivery of the “State of the Municipality/City/Province Report” to sanggunian. “Reporting back” can be expanded to include reporting back to the public and the citizens the results of code implementation. As suggested and done by many LGUs, this can be done through “Pulong-Pulong”, “Balita sa Barangay”, “Ulat sa Bayan” and similar initiatives. The latter mechanisms enable the sanggunian and the executive officers to gather feedback that would lead to ordinance making process and code updating.

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6 Conclusion
factors that make codification easy 1 Local development as an impetus to codify, the desire to address local governance performance gaps and development priorities including local economic challenges A well-informed and well- prepared Local Government Unit, whose Executive and Legislative branches share a common development vision An available and willing technical assistance provider from DILG and other institutions Proper timing and appropriate political climate Strategically orchestrated codification processes, methods and activities Technical, social and legal readiness through accessible technical and legal partners from the National Government Agencies, NonGovernmental Organizations, Civil Society Organizations, People’s Organizations, Academe and Private Sector (See Attachment I for the list) Highly motivated and enthusiastic internal and external stakeholders Keeping the codification activities and outputs on track and on schedule Sustained enthusiasm among members of the Codification Committee and Technical Working Group LGU institutional support from the executive and legislative branches in terms of budget allocation, and people’ s designation, assignment and accountability

2

3 4 5 6

7 8 9 10

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Codification milestones Checklist

1.

Executive Order and/or Sanggunian Resolution creating Codification Committee and Technical Working Group and allocating budget for the Codification Program Organization and management mechanisms for the Codification Program in place Ordinances and other legally binding documents researched, gathered , compiled and inventoried Legislation to be codified sorted topically with similar pieces of legislation put together A draft code manuscript developed and reviewed with necessary revisions and supplementation done Draft code presented and discussed in a public consultation/public hearing Code enacted into ordinance

2.

3.

4.

5.

6.

7.

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Glossary of Terms
Code A systematically arranged and comprehensive collection of laws or ordinances; a digest of all ordinances enacted by the local sanggunian ordinance A local law at the local government unit level, that, when fully enacted, has the same effect and force as a statute within that LGU. It is a legislative act of a general and permanent character. Sanggunian It is a collegial body composed of a group of individuals elected to represent the people’s interests. It has the power to enact ordinances, approve resolutions and appropriate funds for the welfare of the LGU and its inhabitants Stakeholders Person, group or organization that can affect or be affected by codification program

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Annexes
Annex A. Annex B. Annex C. Annex D. Annex E. Annex F. Annex G. Sample MOA Suggested Composition of TWG Sample Outline of Program/Project Proposal Ordinance Codification Schedule Forms Sample Training Module Outline on Development Legislation Suggested Code Outlines Sample Codification Action Plan and Implementation Schedule Annex H. Annex I. Practical Tips on Public Hearing List of LGUs with Model Codes and With Codes Available on-line

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Annex A

Sample MOA
MEMORANDUM OF AGREEMENT

This agreement entered into in the ___________________________ Province/City of_________________________________________, this __________ of <Date>, by and among; The Department of Interior and Local Government with its main office in_____________________________________________________ , represented in this act by Dir._____________________________ duly authorized in her/ his capacity as its Provincial Director, herein referred to as “DILG” AND The city/municipality of____________________ with principal office address at______________________________________________ _ represented in this act by Hon.___________________________ city/ municipal mayor, pursuant to Resolution No.__________. Of the Sanguniang Panlungsod/Bayan of _____________________ herein referred to as_______________________. WITNESSETH Whereas, legislation is one of the most important functions of local government units; Whereas, local legislators are duly bound to design and make policies that will promote the general welfare of their constituent; Whereas, there are major pre- conditions to effective law-making or exercise of legislative powers and functions, such as the establishment of computerized legislative information system, the organization of a highly competent technical staff and administrative and tax codification among others. NOW THEREFORE For and in consideration of the foregoing premises, and for the stipulations, conditions and undertakings herein after stated, the contracting parties hereby mutually declare and agree as follows:

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

Section I. On the part of DILG 1. To provide the office of the Sanggunian with the legislative record Tracking System that will enable the Sanggunian to track their legislation to determine whether these are responding to specific problems in the localities. To provide legislative capability building training supportive to the needs identified by the LGU with a view toward enhancing the legislative capabilities of the Sanggunian; To provide total package representing consultancy services, travel and stable time for conduct of capability building initiatives to be undertaken. To assist LGU in coming up with the four (4) codes namely; Code of General Ordinances, Revenue Code, Environment Code and Investment Incentive Code

2.

3.

4.

Section II. On the part of the LGU 1. To conduct needs assessments to include identification of possible project/programs to address the identified needs, formulation of an implementation plan including the tasks that need to be done and resources required. Monitoring and evaluation of projects to be implemented To assist the initial identification of the problem constraints that improve effective legislation in the Sanggunian To designate staff who shall compose Local Counterpart Committee that shall perform the tasks or activities provided for by the concerned agency, like DILG in pursuance of the objective of the project. To designate the project coordinator that will ensure the active involvement participation and support of the city/ municipality in various activities of the project To appropriate and make available the total amount of_________ as counterpart fund for the project supported with project design and provide additional amount if necessary. To provide other support services necessary for the successful implementation of the project.

2. 3. 4.

5.

6.

7.

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Section III. Amendments No modification of this agreement or any of its provisions shall be made except mutually signed by the contracting parties. Section IV. Effectivity This agreement shall take effect for a period of ___________ starting___________ and shall remain in full force and effect until completion of the project.

DILG, Provincial Director

City/Municipal Mayor

Witnesses: _______________________ _______________________ ACKNOWLEDGEMENT

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

Annex B Suggested Composition of technical Working Groups For Environment Code • • Chairperson: SB Chair on Environment Members: SB Members, MENRO, MAO

For Investment and Incentive Code • • Chairperson: SB Chair on Ways and Means Members: SB Members, Municipal Assessor, MPDO

For Revenue Code • • Chairperson: SB Chair on Ways and Means Members: SB Members, Finance Committee Members

For Code of General Ordinances • • Chairperson: SB Chair on Rules, Laws and Ordinances Members: SB Members, SB Secretary

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Annex C Sample outline of program/project proposal 1. Identifying Information Project Title Location Proponent Collaborating Agency Contact Persons Target Outputs: Revenue Code, Code of General Ordinances, Environment Code and Investment Incentive Code Activity Status Duration Total Activity Cost 2. 3. 4. 5. 6. 7. Rationale Objectives Implementation Strategy: LGU, DILG. TWG and Codification Committee Responsibilities and Duties Monitoring and Evaluation Budgetary Requirements

Prepared By: (DILG)

Recommending Approval: (VICE-Local Chief Executive)

Approved: (Local Chief Executive)

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Annex D Codification Schedule forms

INVENTORY OF ORDINANCES
Ordinance No. Date Enacted/ Series Source Subject Matter Status

CLASSIFICATION OF ORDINANCES
Ordinance No. Date Enacted/ Series Subject Matter

Classification

Remarks

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Annex E Sample training module outline on development legislation

Module 1 Module 2

Team Building Local Legislation Duties and Functions Local Legislative Process 1. Formulation of Resolution 2. Formulation of Ordinance 3. Parliamentary Procedures

Module 3

Codification Process

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

Annex F Some Examples of Detailed Code Outlines enViRonment Code

aRtiCle i: title of the ordinance Section 1. Title of the Ordinance aRtiCle ii: authority and purpose Section 2. Authority Section 3. Objectives and Purposes Section 4. Operative Principles Section 5. Declaration of Policy Section 6: Definition of Terms aRtiCle iii: foReSt ReSouRCeS Section 7. Scope of Powers Section 8. Governing Laws Section 9. Operative Principles Section 10. Forest Resources Management Framework Section 11. Development of Production Forests Section 12. Management of Protection Forests Section 13. Development of Recreation Forests Section 14. Forest Resources Information System Section 15. Prior Consent of Sanggunian Section 16. Annual Investment Plans Section 17. Organization Section 18. Acts Prohibited and Punishable aRtiCle iV: mineRal ReSouRCeS Section 19. Scope of Powers Section 20. Governing Laws Section 21. Operative Principles Section 22. Regulatory Provisions Section 23. Exploitation of Mineral Resources and Rehabilitation of Disturbed Areas Section 24. Monitoring and Evaluation Section 25. Organization Section 26. Prohibited and Punishable Acts

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aRtiCle V: WateR ReSouRCeS Section 27. Scope of Powers Section 28. Governing Laws Section 29. Operative Principles Section 30. Establishment of a Water Resources Trust Fund Section 31. Designation of Priority Watersheds for Protection Section 32. Water Resources Management Plan Section 33. Water Quality Monitoring Section 34. Protection of Public Water Infrastructures Section 35. Protection of Riverbanks, Easements, Rights-of-Way and Greenbelts Section 36. Drainage Systems Section 37. Organic Farming and Soil and Water Conservation Section 38. Health and Sanitation Measures Section 39. Water Usage and Classification Section 40. Prohibited and Punishable Acts aRtiCle Vi: eColoGiCal Solid WaSte manaGement Section 41. Scope of Powers Section 42. Governing Laws Section 43. Operative Principles Section 44. The Provincial Solid Waste Management Board Section 45. The City and Municipal Solid Waste Management Board Section 46. Local Government Solid Waste Management Plans Section 47. Ecologic al Solid Waste Management System Section 48. Prohibited Acts aRtiCle Vii: CoaStal ReSouRCeS Section 49. Scope of Powers Section 50. Governing Laws Section 51. Operative Principles Section 52. Delineation of Municipal Waters Section 53. Provincial Coastal Resources Management Section 54. Conservation of Biologic al Diversity and Preservation of Heritage Items Section 55. Community Participation and Integration of National Government Agencies Section 56. Coastal Zoning and Management Guidelines Section 57. Fishery and Aquatic Resources Management Councils (FARMCs)

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

Section 58. Organization Section 59. Functions of the CRM Unit Section 60. Prohibited and Punishable Acts aRtiCle Viii: aiR QualitY manaGement Section 61. Scope of Powers Section 62. Governing Laws Section 63. Operative Principles Section 64. Industrial Pollution Control Section 65. Zoning Clearances and Building Permits Section 66. Ambient Air Quality and Noise Level Monitoring Section 67. Information and Education Section 68. Industry Group Section 69. Acts Prohibited and Punishable Under This Code aRtiCle iX: eCotouRiSm Section 70. Scope of Powers Section 71. Governing Laws Section 72. Operative Principles Section 73. Community-Based Ecotourism Section 74. Environmental Standards Section 75. Sensitive Areas aRtiCle X: enViRonmental impaCt aSSeSSment Section 76. Scope of Powers Section 77. Governing Laws Section 78. Operative Principles Section 79. Functions of the EIA Monitoring Team Section 80. Validation of Scoping Sessions Section 81. Participation in the Preparation of EIS Document Section 82. Review of EIA and IEE Section 83. Participation in the Public Consultation and Hearing Section 84. Law Enforcement Section 85. Inventory of Establishments Section 86. IEE Compliance for Projects Not Covered by the EIA System Section 87. Environmentally Critic al Areas Section 88. Training Section 89. Environmental Guarantee Fund

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aRtiCle Xi: land uSe planninG Section 90. Scope of Powers Section 91. Governing Laws Section 92. Operative Principles Section 93. Basic Policies Section 94. CLUP Formulation Section 95. Compatibility of Provincial, City and Municipal Land Use Plans Section 96. Danger Zone aRtiCle Xii: oRGaniZation Section 97. The Provincial Environment and Natural Resources Management Office (PENRMO)) Section 98. Jurisdiction of the PENRMO Section 99. Department Head Section 100. Supervision and Control Section 101. Review Section 102. Regulations Section 103. Creation of Functional Units Section 104. Performance Evaluation Section 105. (LGU XXXX) Sustainable Development Committee aRtiCle Xiii: penaltieS and miSCellaneouS pRoViSionS Section 106. Violation of Section Section 107. Violation of Section Section 108. Violation of Prohibited Acts Under Section Section 109. Violation of Prohibited Acts Under Section Section 110. Violation of Conservation of Biologic al Diversity and Preservation of Heritage Items under Section Section 111. Violation of Section Section 112. Violation of Section Section 113. Violation of Section Section 114. Violation of Section Section 115. Violation of Any Provision of This Code Section 116. Repealing Clause Section 117. Separability Clause Section 118. Effectivity Clause

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inVeStment and inCentiVeS Code aRtiCle i: title of the oRdinanCe and deClaRation of inVeStment poliCieS Section 1. Short Title Section 2. Declaration of Investment Policies aRtiCle ii: definition of teRmS Section 3. Investment Section 4. Investment Board Section 5. Registered Enterprise Section 6. Filipino Investor Section 7. Foreign Investor Section 8. Priority/Preferred Areas of Investments Section 9. Pioneering Enterprise Section 10. Processing Section 11. Transfer of Technology Section 12. Expansion Section 13. Nominal Valuation of the Philippine Peso Section 14. Economic Internal Rate of Return (or EIRR) Section 15. Financial Internal Rate of Return (or FIRR) Section 16. Trade Mission aRtiCle iii: QualifiCationS of appliCantS and otHeR teCHniCal ReQuiRementS Section 17. Qualification Requirements of the Investment Board Section 18. Compliance with Requirements of Applicable Laws Section 19. Transfer of Technology and Employment Requirements aRtiCle iV: oRGaniZation Section 20.The (LGU XXXX) Investment Board (SLIB) Section 21. Composition of the Board Section 22. Powers and Duties of the Chairman Section 23. Powers and Duties of the Vic e-Chairman Section 24. Powers and Functions of the Investment Board Section 25. Annual Budgetary Appropriations Section 26. Provincial Investment Promotions Officer and Other Investment Board Personnel

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aRtiCle V: inVeStment inCentiVeS Section 27. Exemption from Business Taxes and Discount Period Section 28. Extension Period Section 29. Expanding Existing Enterprise Section 30. Tax Incentives aRtiCle Vi: pRioRitY/ pRefeRRed aReaS of inVeStmentS aRtiCle Vii: ReGiStRation Section 31. Priority/Preferred Areas of Investments Section 32. Determination of Additional Investment Areas Section 33. Annual Registration Fee and Certificate of Registration/Exemption Section 34. Remittance of Annual Registration Fee aRtiCle Viii: eXCeption and non-tRanSfeRaBilitY of inCentiVeS and pRiVileGeS Section 35. Exception Section 36. Non-Transferability of Incentives and Privileges aRtiCle iX: annual inSpeCtion and RepoRtinG Section 37. Annual Inspection Section 38. Reporting aRtiCle X: ViolationS and penaltY Section 39. Violations Section 40. Penalty aRtiCle Xi: miSCellaneouS pRoViSionS Section 41. Publication of the Investment Code Section 42. Public Dissemination of This Code aRtiCle Xii: final pRoViSionS Section 43. Separability Clause Section 44. Applicability Clause Section 45. Effectivity Section 46. Disputes Section 47. Amendments

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

loCal ReVenue Code

CHapteR i. GeneRal pRoViSionS aRtiCle i: title of the Code, Scope, accrual of Collections, and definition of terms Section 1. Title of the Code Section 2. Scope of Revenue-Raising and Taxing Authority Section 3. Accrual of Collections Section 4. Definition of Terms CHapteR ii. tHe XXXX deVelopment autHoRitY aRtiCle ii: preliminary provisions Section 5. Creation of the (LGU XXXX) Development Authority (DA) Section 6. Composition of the (LGU XXXX) DA Section 7. Powers and Duties of the Chairman Section 8. Powers and Duties of the Vice-Chairman aRtiCle iii: declaration of proactive Revenue-Generating policies and powers and functions of the (lGu XXXX) development authority Section 9. Declaration of Revenue-Generating Policies Section 10. Powers and Functions of the (LGU XXXX) Development Authority Section 11. Secretariat Support Section 12. Departments, Agencies, and Other Local Government Units Section 13. Development of Recreation Forests CHapteR iii. BuSineSS taXeS, feeS, and peRmitS ARTICLE IV: Start Date of Implementation of Taxes on Business Section 13. Start Date of Implementation ARTICLE V: Taxes on Business of Printing and Publication Section 14. Imposition of Tax Section 15. Exemption Section 16. Time of Payment ARTICLE VI: Franchise Tax Section 17. Imposition of Tax Section 18. “Business Enjoying a Franchise” Section 19. Determination of the Capital Investment Section 20. Time of Payment
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ARTICLE VII: Tax on Sand, Gravel, and Other Quarry Resources Section 21. Imposition of Tax Section 22. Issuance of Permit and Other Requirements ARTICLE VIII: Professional and Occupational Tax Section 23. Imposition of Tax Section 24. Administrative Requirements Section 25. Exemption Section 26. Time of Payment ARTICLE IX: Amusement Tax Section 27. Imposition of Tax Section 28. Exemption Section 29. Time of Payment Section 30. Penalties Section 31. Administrative Requirements ARTICLE X: Annual Fixed Tax for Every Delivery Truck or Van of manufacturers or producers, dealers, Wholesalers, or Retailers of Certain products Section 32. Imposition of Tax ARTICLE XI: Tax on Manufacturers or Producers, Wholesalers, dealers, or Retailers Section 33. Imposition of Tax ARTICLE XII: Tax on Contractors Section 34. Imposition of Tax ARTICLE XIII: Tax on Banks and Other Financial Institutions Section 35. Imposition of Tax Section 36. Coverage Section 37. Sites of the Tax ARTICLE XIV: Tax on Financing Companies Section 38. Imposition of Tax Section 39. Coverage ARTICLE XV: Tax on Insurance Companies Section 40. Imposition of Tax Section 41. Coverage

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

ARTICLE XVI: Tax on Exporters/ Export Companies Section 42. Imposition of Tax Section 43. Coverage ARTICLE XVII: Tax on Privately-Owned Public Markets and Shopping Centers Section 44. Imposition of Tax ARTICLE XVIII: Tax on All Other Businesses Section 45. Imposition of Tax aRtiCle XiX: Retirement of Business Section 46. Administrative and Procedural Guidelines aRtiCle XX: fees and permits Section 47. Imposition and Levy Section 48. Permit Fees Section 49. Specific Violations Section 50. Service Charges Section 51. When Business Is Deemed Finally Closed aRtiCle XXi: fees for Sealing and licensing of Weights and measures Section 52. Rates of Fees Section 53. Requirement of Annual Testing and Sealing Section 54. Duty of Owner To Keep Official Receipts Evidencing Payment of Weights and Measure Fees Section 55. Penalties for Fraudulent Practices Section 56. Administrative Penalties ARTICLE XXII: Community Tax Section 57. Imposition of Tax Section 58. Juridical Person Liable to Community Tax Section 59. Exemptions Section 60. Time of Payment and Penalties for Delinquency Section 61. Printing of the Community Tax and Distribution of Proceeds Section 62. Presentation of Community Tax Certificate on Certain Occasions aRtiCle XXiii: administrative provisions Section 63. Situs of the Tax Section 64. Province Taxes, Fees, and Other Charges and Incidences

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Section 65. Application for License or Permit: False Statements Section 66. Issuance of License Section 67. Term of License or Permit Section 68. Place of Business Section 69. Production or Exhibition of Governor’s Permit and Official Receipt Payment Section 70. Issuance of Sales Invoices and Receipts Section 71. Keeping of Books of Accounts Section 72. Public Utility Charges, Toll Fees and Charges Section 73. Tax Period and Manner of Payment Section 74. Accrual of Taxes Section 75. Time of Payment Section 76. Surcharges and Penalties on Unpaid Taxes, Fees, or Charges Section 77. Interest on Other Unpaid Revenues Section 78. Collection of Local Revenues by the Treasurer Section 79. Examination of Books of Accounts and Pertinent Records of Businessmen by theTreasurer Section 80. Authority of the Treasurer to Promulgate Rules and Regulations Section 81. Authority of the Treasurer to Compromise Section 82. Civil Remedies for the Collection of Revenues Section 83. Local Government’s Lien Section 84. Civil Remedies for Collection of Delinquencies Section 85. Distraint of Personal Property Section 86. Levy on Real Property Section 87. Advertisement and Sale Section 88. Redemption of Property Sold Section 89. Final Deed to Purchaser Section 90. Purchase of Property by the LGU for Want of Bidder Section 91. Resale of Real Estate Taken for Taxes, Fees, or Charges Section 92. Collection of Delinquent Taxes, Fees, and Charges or Other Revenues Through Judicial Auction Section 93. Further Distraint or Levy Section 94. Personal Property Exempt from Distraint or Levy aRtiCle XXiV: Rules of Construction Section 95. General Rule Section 96. Gender and Number Section 97. Business Covered by Two Provisions Section 98. Coverage in Case of Doubt

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aRtiCle XXV: penal provisions Section 99. Penalty for Failure to Present Books of Accounts Section 100. Penalties for Violation of This Code ARTICLE XXVI: Separability, Repealing and Effectivity Clause Section 101. Separability Clause Section 102. Repealing Clause CHapteR iV. Real pRopeRtY taX aRtiCle XXVii: Scope of application and fundamental principles Section 103. Scope of Application Section 104. Fundamental Principles Section 105. Administration of Real Property Tax aRtiCle XXViii appraisal and assessment of Real property Section 106. Appraisal of Real Property Section 107. Declaration of Real Property Section 108. Duty of Persons Acquiring Real Property or Making Improvements Thereon and Corresponding Penalties for Non-Compliance Section 109. Listing of Real Property in the Assessment Rolls Section 110. Proof of Exemption of Real Property from Taxation Section 111. Real Property Identification System Section 112. Notification of Transfer of Real Property Ownership Section 113. Duty of Registrar of Deeds to Appraise LGU Assessor of Real Property Listed in Registry Section 114. Duty of Official Issuing Building Permit or Certificate of Registration of Machinery to Transmit Copy to LGU Assessor Section 115. Duty of Geodetic Engineer to Furnish Copy of Plans to LGU Assessor Section 116. General Revision of Assessment and Property Classification and Preparation of Schedule of Fair Market Values Section 117. Authority of Local Assessors to Take Evidence Section 118. Amendment of Schedule of Fair Market Value Section 119. Classes of Real Property for Assessment Purposes Section 120. Special Classes of Real Property Section 121. Assessment Levels Section 122. Valuation of Real Property Section 123. Date of Effectivity of Assessment or Reassessment Section 124. Assessment of Property Subject to Back Taxes

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Section 125. Notification of New or Revised Assessment Section 126. Appraisal and Assessment of Machinery Section 127. Depreciation Allowance for Machinery aRtiCle XXiX: assessment appeals Section 128. Local Board of Assessment Appeals (LBAA) Section 129. Organization, Powers, and Functions of the LBAA Section 130. Meetings and Expenses of the LBAA Section 131. Action by the Local Board of Assessment Appeals Section 132. Effect of Appeal on the Payment of Real Property Tax ARTICLE XXX: Imposition and Collection of Real Property Tax Section 133. Power to Levy Real Property Tax Section 134. Rates of Levy Section 135. Imposition of Additional Tax on Real Property for Special Education Fund Section 136. Exemption from Payment of Real Property Tax Section 137. Interest on Unpaid Real Property Tax Section 138. Date of Actual Real Property Tax and Government Lien Section 139. Collection of Tax Section 140. Additional Ad Valorem Tax on Idle Lands Section 141. Idle Lands Exempt from Tax Section 142. Listing of Idle Lands by the Provincial Assessor Section 143. Tax Discount for Advanced and Prompt Payments Section 144. Payment Under Protest Section 145. Repayment of Excessive Collection Section 146. Remedies for the Collection of Real Property Section 147. Levy on Real Property Section 148. Redemption of Property Sold Section 149. Final Deed to Purchaser Section 150. Purchase of Property by the Province for Want of Bidder Section 151. Resale of Real Estate Taken for Taxes, Fees, or Charges Section 152. Further Distraint or Levy Section 153. Collection of Real Property Tax through Courts Section 154. Action Assailing Validity of Tax Sale Section 155. Compromise for Delinquent Taxes Section 156. Condonation or Reduction of Real Property Tax and Interest Section 157. Payment of Delinquent Taxes on Property Subject of Controversy Section 158. Certification on Delinquencies of Realty Tax by the Treasurer Section 159. Periods Within Which to Collect Real Property Taxes

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ARTICLE XXXI: Tax on Transfer of Real Property Ownership Section 160. Imposition of Tax Section 161. Administrative Requirements Section 162. Time of Payment Section 163. Penalty Clause CHapteR V. final pRoViSionS Section 164. Repealing Clause Section 165. Separability Clause Section 166. Applicability Clause Section 167. Amendments Section 168. Effectivity

Code of General ordinances CHapteR i. GeneRal pRoViSionS Article A. Short Title and Scope Article B. Rules of Construction Article C. Definitions CHapteR ii. puBliC moRalitY Article A. Illegal Gambling Article B. Betting on Sports Contest Article C. Loitering Article D. Nudism in Public Place Article E. Sale or Rental of Pornographic Video Materials CHapteR iii. HealtH and Sanitation Article A. Availability of Iodized Salt Article B. Rabies Control Article C. Smoking Ban in Public Building Offices and Public Modes of Transport Article D. Construction of Pens or Corrals for Cattle, Swine, Chicken, Duck or Other Domestic Animals or Fowls CHapteR iV. tRanSpoRtation Article A. Franchising of Tricycles-for-Hire and Pedicabs-for-Hire Article B. Traffic Rules and Regulations

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CHapteR V. GameS and amuSementS Article A. Operation of Videoke Establishments Article B. Operation of Video and Film Showing Establishments Article C. Playing of Taksi Article D. Operation of Billiards, Pool Tables and Video Games Article E. Holding of Cockfights and Cockpit Regulations CHapteR Vi. puBliC SafetY, peaCe and oRdeR Article A. Usage of Trumpet Speakers Article B. Ban on the Usage of Some Fishing Gears Article C. Ban on the Catching and Gathering of Poisoned Fishes Article D. Liquor Ban Inside the Public Market Article E. Liquor Ban on Minors Article F. Vandalism of Public and Private Properties CHapteR Vii. final pRoViSionS Article A. General Penal Provisions Article B. Participation in Voluntary Community Service Program Article C. Implementing Rules and Regulations Article D. Separability, Applicability, Repealing and Effectivity Clauses

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Annex G Sample Codification action plans and implementation Schedule

ACTION PLAN FOR CODIFICATION From To TIMEFRAME START END PERSON/S RESPONSIbLE

ACTIVITIES/TASk 1. Research 2. Organization 3. Preparation of Draft Code 4. Submission of Draft to SB and Committee Referral 5. Public Hearings 6. Preparation of Committee Report 7. Second Reading 8. Third Reading/ Final Voting 9. Approval by LCE Prepared by: Name and Signature

Position

Sample A. Source: Local Legislator’s Toolkit. Philippines-Canada Local Government Support Program, 2004

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Sample B.

ACTIVITIES A. PRE-DRAFTING STAGE 1. Compilation of Ordinances 2. Inventory 3. Classification B. DRAFTING STAGE 1. Revision a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code 2. Supplementation a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code 3. Output Consolidation and Review (Polishing) a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code 4. Review of the Draft Code by the Standing Committee and Conduct Mock Hearing a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code C. ENACTMENT OF THE CODES 1. Public Consultation/Hearing a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code 2. Amendment Modification a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code

JAN

FEB

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

ACTIVITIES 3. Approval of the (LCE) a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code 4. Publication a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code 5. Transmittal to Higher Sanggunian a. Revenue Code b. Code of General Ordinance c. Investment/Incentives Code d. Environment Code

JAN

FEB

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Annex H practical tips on public Hearings A Public Hearing notice should include: 1. Date and time of hearing 2. Place of hearing 3. Identification of the hearing body 4. Subject matter to be considered during the hearing The public hearing notice must be mailed or delivered at least 7 to 10 days prior to the hearing. dilG legal opinion no.54, s, 2007. As to what undertaking of LGUs that is subject to PUBLIC HEARING before an ordinance may be validly enacted. “Ra 7160 states that: prior public hearings are required where: 1) local government site, offices and facilities are to be transferred (paragraph b and c, Sec 11 RA7160); 2) reclassification of agricultural lands (Sec 20 RA7160); 3) contribution of funds, real estate, equipment, and other kinds of property and appointment and assignment of personnel in support of undertakings commonly beneficial to LGU which have grouped themselves, consolidated or coordinated their efforts, services and resources. (Sec. 33 RA7160); 4) levy of taxes, fees or charges on any base or subject not otherwise specifically enumerated in RA7160 as taxed under the NIRC, as amended, or other applicable laws (Sec.186 RA7160) and 5) enactment of local tax ordinances and revenue measures (Sec.187 RA7160)”. Effectivity of Ordinances and Resolutions: Sec. 59 RA7160- Unless otherwise stated in the ordinance or resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal or barangay hall as the case may be, and in at least 2 other conspicuous places in the local government unit concerned.

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Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

Ra 7160 Sec.187. Procedure for Approval and Effectivity of Tax Ordinances and Revenue Measures; mandatory public Hearings. The procedure for approval of local tax ordinances and revenue measures shall be in accordance with the provision of this code: Provided, that public hearing shall be conducted for the purpose prior to the enactment thereof: Provided further, that any question on the constitutionality or legality of tax ordinances or revenue measures may be raised on appeal within 30 days from effectivity thereof to the Secretary of Justice who shall render a decision within 60 days from the date of receipt of appeal; Provided however, that shall appeal shall not have the effect of suspending the effectivity of the ordinance and the accrual and payment of the tax, fee, or charge levied therein. RA7160 Sec. 188 Publication of Tax Ordinances and Revenue measures. Within 10 days after their approval, certified true copies of all provincial, city and municipal tax ordinances or revenue measures shall be published in full for 3 consecutive days in a newspaper of general circulation: Provided however, that in provinces, cities and municipalities where there are no newspapers of local circulation, the same may be posted in at least 2 conspicuous places and publicly accessible places. RA7160 Sec. 511. Posting and Publication of Ordinances with Penal Sanction. Ordinances with penal sanctions shall be posted for a minimum period of 3 consecutive weeks. * Posting or publication is a requirement of due process*

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Annex I list of lGus with model Codes and with Codes available on-line investment and incentive Code 1. Municipality of Guimbal Contact Person: Christine Serag Garin Municipal Mayor Contact Numbers: LGU: (033) 315-5277/ (033) 315-5288 Email Address: lgu_guimbal@yahoo.com Fax No.: (033) 315-5277/ (033) 315-5288 Zamboanga City Government http://www.zamboanga.gov.ph Naga City Government http://www.naga.gov.ph/investments/97-114.pdf

2.

3.

environment Code 1. Municipality of Sebaste Antique Province Included in the Legislator’s Took Kit Available on-line at: http://www.lgspa.org.ph and lgrc.lga.gov.ph Bohol Environment Management Office, Provincial Capitol, Tagbilaran City, Bohol Province Provincial Environment Management Office Provincial Capitol, Bacolod City, Negros Occidental Office of the Mayor City Hall, Lipa City, Batangas

2.

3.

4.

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Office of the Mayor, Municipal Hall, Arakan, North Cotabato Office of the Mayor, City Hall, Cagayan de Oro City

6.

Code of General ordinances Municipality of Sigma Province of Capiz Included in the Legislator’s Took Kit Available on-line at: http://www.lgspa.org.ph and http://www.lgrc.lga.gov.ph

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Writers
Bienvenido F. Acevedo, Jr. Capiz Jahaziel G. Gelito Aklan Corazon F. Paguntalan Guimaras

Gloria A. Alfeche Negros Occidental

Edgar R.Magbanua Negros Occidental

Roselyn B.Quintana Iloilo City

Berlito C. Baldevia Antique

Ramon G. Mestidio Capiz

Ma. Calpiza J. Sardua Regional Office VI

Eduardo B. Basinang Negros Occidental

Ma. Zenia D. Panganiban Antique

Giselle Grace G. Gerial Iloilo

Lord Michael G. Menez Aklan 66

Virgilita Y. Reloj Aklan

Simplified manual on CodifiCation: A Guidebook on Harmonization of Local Laws

German Technical Cooperation

GTZ, the German Government’s international development agency, has cooperated with the Philippine Government for more than 33 years. Through the implementation of its different programs, GTZ strengthens the capacity of people and institutions to improve the lives of Filipinos in this generation and generations to come. GTZ works to balance economic, social and ecological interests through multi-stakeholder dialogue, participation and collaboration. It synergizes strengths and resources to achieve measurable results. The GTZ, through its Decentralization Program (DP) aims to improve governance, which is oriented to the needs of the population, at the national and local levels. Its three components, namely, Political Decentralization, Fiscal Decentralization and Capacity Development System for local governments, are meant to reinforce GTZ’s and its implementing partners’ initiatives at making decentralization work. The program aims to achieve this by (a) conducting a demand-oriented, conflict-sensitive planning, building the basis for budgeting in local governments; (b) contributing to good local fiscal governance through fair, adequate, transparent and efficient tax system and (c) disseminating to the local governments innovative, conflictsensitive approaches for an improved decentralization, from the capacity development provider(s).

Contact: Dr. Herwig Mayer GTZ-Decentralization Program Manager Unit 2A, PDCP Bank Centre corner V.A. Rufino & L.P. Leviste Streets, Salcedo Village, Makati City Philippines Phone (+63 2) 8136821 Fax (+63 2) 8928843 www.decentralization.org.ph

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Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH - German Technical Cooperation GTZ Decentralization Program Unit 2A, PDCP Bank Centre Cor. V.A. Rufino & L.P. Leviste Streets Salcedo Village, Makati City Philippines Phone (+63 2) 813-6821 Fax (+63 2) 892-8843 www.gtz.de

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