ORDINANCE

ITS IMPORTANCE IN OUR EVERYDAY LIFE

 Ordinance

A law, a statute, a decree.

 An ordinance is a law enacted by a local legislative
body, by members of the board, or a group of
individuals who are granted with legislative powers
either thru law, statute or by-laws.
 Ordinances govern matters not already covered by
state or federal laws such as but not limited to
zoning, safety and building regulations.
https://legal-dictionary.thefreedictionary.com/ordinance
ORDINANCE

 An ordinance is generally used to designate a local law of a municipal

corporation, duly enacted by the proper authorities that prescribe general,
uniform, and permanent rules of conduct, relating to the corporate affairs of the
municipality[i].
 An ordinance, a local law, or a regulation enacted by a city council or other
similar body under powers delegated to it by the state is legislative in nature by its
own definition.
 A local ordinance is a municipal legislative enactment. An ordinance passed in
pursuance of express legislative authority is a law and has the same effect as a
local law, and it may prevail over a general law upon the same subject.
 ORDINANCE VS BILL
ORDINANCE
 HAS THE FORCE AND EFFECT OF A
DULY APPROVED LAW
 LIMITED ONLY WITHIN THE JURISDICTION
OF THE LEGISLATIVE BODY THAT
APPROVED THE SAID ORDINANCE
 MUST NOT RUN COUNTER TO ANY
NATIONAL LAW
BILL
 INITIAL STAGE IN THE CREATION OF A
LAW (Republic Acts)
 Originates mostly in the Lower House
of the Congress
 Has no force and effect until it is
approved and transformed into a law
 ORDINANCE VS RESOLUTION
G.R. No. 127820 July 20, 1998
MUNICIPALITY OF PARAÑAQUE VS
V.M. REALTY CORPORATION

 Facts of the case:

Petitioner municipality passed a resolution expropriating a land owned by respondent thru
a resolution. Said expropriation was for the purpose of alleviating the living conditions of the
underprivileged by providing homes for the homeless through socialized housing project.
Private respondent filed it answer alleging among others that the complaint contains no cause
of action since expropriation proceedings cannot initiate thru a mere resolution. The LGC
requires a valid ordinance to expropriate private lands for public use among other
requirements.
Trial court ruled in favour of respondent. Court of Appeals affirmed the same. Hence this
petition.
 ISSUE OF THE CASE

 WHETHER OR NOT “RESOLUTION” and

“ORDINANCE” can be used
interchangeably and synonymous to
each other as provided by LOCAL
GOVERNMENT CODE.
 SUPREME COURT HELD:

 NO, THE TERMS ORDINANCE AND RESOLUTION ARE NOT SYNONYMOUS

WITH EACH OTHER.
 AN ORDINANCE IS A LAW BUT A RESOLUTION IS MERELY A DECLARATION
OF THE SENTIMENT OR OPINION OF A LAWMAKING BODY ON A SPECIFIC
MATTER
 AN ORDINANCE POSSESS A GENERAL AND PERMANENT CHARACTER but
a RESOLUTION is TEMPORARY IN NATURE
 AN ORDINANCE REQUIRES THIRD READING FOR IT TO BE ENACTED WHILE
A RESOLUTION GENERALLY DOESN’T REQUIRE READING UNLESS DECIDED
OTHERWISE BY THE SANGGUNIAN.
SEC. 55. Veto Power of the Local Chief Executive. - (a) The local chief executive may veto any ordinance of the
sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan on the ground that it is ultra vires or
prejudicial to the public welfare, stating his reasons therefor in writing.cralaw
(b) The local chief executive, except the punong barangay, shall have the power to veto any particular item or
items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public
investment program, or an ordinance directing the payment of money or creating liability. In such a case, the veto
shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the
sanggunian overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations
ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted.cralaw
(c) The local chief executive may veto an ordinance or resolution only once. The sanggunian may override the veto
of the local chief executive concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance
effective even without the approval of the local chief executive concerned.cralaw

(b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin
board at the entrance of the provincial capitol and the city, municipal, or barangay hall in at least two (2)
conspicuous places in the local government unit concerned not later than five (5) days after approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or
dialect understood by the majority of the people in the local government unit concerned, and the secretary to the
sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.
 The gist of all ordinances with penal sanctions shall be published in a
newspaper of general circulation within the province where the local
legislative body concerned belongs. In the absence of any newspaper
of general circulation within the province, posting of such ordinances
shall be made in all municipalities and cities of the province where the
sanggunian of origin is situated.cra
 (d) In the case of highly urbanized cities, the main features of the
ordinance or resolution duly enacted or adopted shall, in addition to
being posted, be published once in a local newspaper of general
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of general
circulation.
 APPROVAL OF ORDINANCES (sec. 54 of Local
Government CODE)
 SEC. 54. Approval of Ordinances. - (a) Every ordinance enacted by the sangguniang
panlalawigan, sangguniang panlungsod, or sangguniang bayan shall be presented to the
provincial governor or city or municipal mayor, as the case may be. If the local chief executive
concerned approves the same, he shall affix his signature on each and every page thereof;
otherwise, he shall veto it and return the same with his objections to the sanggunian, which may
proceed to reconsider the same. The sanggunian concerned may override the veto of the local
chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or
resolution effective for all legal intents and purposes.cralaw
 (b) The veto shall be communicated by the local chief executive concerned to the sanggunian
within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a
municipality; otherwise, the ordinance shall be deemed approved as if he had signed it.cralaw
 (c) ordinances enacted by the sangguniang barangay shall, upon approval by the majority of
all its members, be signed by the punong barangay.cralaw
HIERARCHY OF THE DIFFERENT LAWS IN THE PHILIPPINES
 IMPORTANCE OF ORDINANCES

 ORDINANCE HAS THE FORCE AND EFFECT OF LAW HENCE IT CAN BE

INVOKED AGAINST OTHER INDIVIDUALS WITHIN ITS SCOPE (penal clause)
 ORDINANCES ARE PERMANENT IN NATURE, IT CANNOT BE EASILY
REPEALED ONCE APPROVED.
 ORDINANCES CAN BE ADOPTED BY OTHER LEGISLATORS AND CAN
TRANSFORM INTO A NATIONAL LAW.
 ORDINANCES MAY CONTAIN RULES OF CONDUCT, GUIDELINES THAT
EVERY CITIZEN MUST ABIDE.