codification of ordinances

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  • 1. CODIFICATION OF ORDINANCES
  • 2. CODIFICATION Codification is the process of collecting, classifying, revising and supplementing the Ordinances of a local government unit. It is a complete and systematic process that the end product is a new enactment-a Code. This Code, when finally adopted by the Sanggunian, embodies all the Ordinances, past and present, of the LGU and is, therefore, the repository of the body of rules and regulations institutionalizing local legislation for their proper enforcement. CODIFICATION OF ORDINANCES
  • 3. General steps in the codification process: 1. Compilation To gather and collate all existing Ordinances of the LGU from the files of the office of the Sanggunian Secretary and the office of the LCE or the Sangguniang Panlalawigan. Once all the Ordinances has been gathered, these should be arranged by their year and enacted and series method. CODIFICATION OF ORDINANCES
  • 4. 2. Inventory The inventory should be able to inform the codifier and his staff what ordinances are (a) missing, (b) amended, (c) repealed, or (d) obsolete, in the following format: CODIFICATION OF ORDINANCES INVENTORY OF ORDINANCES Ord. No. Date Enacted Series Source Subject Status 1 1991 Secretarys Office Plaza and Park Traffic Rules Original 2 1991 -do- Explosives, Firecrackers -do- 3 1991 Mayors Office Astray Animals -do- 4 1991 Secretarys Office Astray Animals Amendment to Ord 3, series 1991 5 1991 Sectretarys Office Tax Ordinance Original 6 1991 Secretarys Office Traffic Rules Original 7 1991 -do- Anti-littering Original 8 1991 Mayors Office Astray Animals Repeals Ord No. 4, Series 1991 9 1991 -do- Smoking in public places Original 10 1991 Secretarys Office Tax Ordinance Original
  • 5. What is important in the inventory is that all ordinances of the LGU should be accounted for. Since we are codifying GENERAL ORDINANCES, note that Ordinances 5 and 10 are revenue ordinances therefore must be set aside. a) Those that have been repealed; b) Those that are obsolete; and c) Those Tax or Revenue Ordinances Ordinances which have been amended are to be updated by reflecting their amendments in the original ordinances and indicating therein that the particular provision was amended by a subsequent ordinance, with its number, series and dates of enactment. CODIFICATION OF ORDINANCES
  • 6. 3. Classification It is the process by which ordinances are categorized according to the general subject matter. This is an essential step towards grouping ordinances under the same or similar subjects for eventual assignment to specific chapters in the code. At this stage, it may be well to predetermine what possible subject groupings may be used by the codifier after having completed the inventory of ordinances. Hereunder is the alphabetical list of possible subjects which are suggested as bases for classification: CODIFICATION OF ORDINANCES
  • 7. CLASSIFICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Aliens Amusements, Games, Recreation Barangay Affairs Building Regulations Business Establishments Education and Culture Health and Sanitation Market and Slaughterhouses Parks and Playgrounds Peace and Order Professions, Occupation and Trades Public Morals Public Officials Public Properties Public Utilities Public Works Sanggunian Rules Social Services Sports Development Tourism Traffic and Transportation CODIFICATION OF ORDINANCES
  • 8. Form for classification of ordinances CLASSIFICATION OF GENERAL ORDINANCES Ord. No. Date Enacted Series Subject-Summary Classification Remarks 1 1991 Plazas/Traffic Rules Parks and Playgrounds 2 1991 Selling of Explosives & Firecrackers Peace and Order 3 1991 (Exclude) Repealed 4 1991 (Exclude) Repealed 5 1991 (Exclude) Tax Ordinance 6 1991 Traffic Rules Traffic and Transportation 7 1991 Anti-littering Health and Sanitation 8 1991 (Exclude) Repealing Ordinance 9 1991 No smoking in public places Health and Sanitation 10 1991 (Exclude) Tax Ordinance CODIFICATION OF ORDINANCES
  • 9. Example of an actual ordinance and its classification ORDINANCE NO.2, SERIES 1991 PROHIBITING RETAIL STORES OF THIS MUNICIPALITY FROM SELLING BIG FIRECRACKERS SUCH AS BAWANG, LOLO THUNDER, PLA-PLA AND THE LIKES Be it ordained by the Sangguniang Bayan of X, Province of Y, that: SEC. 1 For security measures and to minimized frequent occurrence of accident most especially from powder explosion, all retail stores of this municipality are hereby prohibited to sell to any person such big firecrackers known as bawang, lolo thunder, Pla-Pla and the likes which are classified as same are classified as dynamite, hence destructive and dangerous to lives and properties. SEC. 2 Any person, regardless of sex or age, caught in possession of the above-mentioned explosives will be subjected to the penalties as provided in this ordinance. SEC 3 Previous ordinances whose provisions are in conflict with this ordinance are hereby declared null and void. SEC. 4 Any violation of this ordinance will be fined of not less than Five Hundred Pesos (P500.00) nor more than One Thousand Pesos (P1,000.00) or an imprisonment of not less than five days, but not to exceed ten (10) days, or both fine and imprisonment at the discretion of the court upon final conviction Unanimously approved June 24, 1991 Classification PEACE AND ORDER SEC. 1 For security measures and to minimized frequent occurrence of accident most especially from powder explosion, all retail stores of this municipality are hereby prohibited to sell to any person such big firecrackers known as bawang, lolo thunder, Pla-Pla and the likes which are classified as same are classified as dynamite, hence destructive and dangerous to lives and properties. SEC. 2 Any person, regardless of sex or age, caught in possession of the above-mentioned explosives will be subjected to the penalties as provided in this ordinance. SEC 3 Previous ordinances whose provisions are in conflict with this ordinance are hereby declared null and void. SEC. 4 Any violation of this ordinance will be fined of not less than Five Hundred Pesos (P500.00) nor more than One Thousand Pesos (P1,000.00) or an imprisonment of not less than five days, but not to exceed ten (10) days, or both fine and imprisonment at the discretion of the court upon final conviction (Ord. No. 2, S. 1991) CODIFICATION OF ORDINANCES
  • 10. 4. Revisions The provision of the ordinance should be reviewed for language deficiencies and relevance of applicability with the end in view of simplifying and clarifying the provisions to be included in the proposed Code. Revision includes the re-examination of the provisions of an ordinance, the weeding out of obsolete or inactive provisions and restating the provisions in a simple and coherent manner. Since revision may include modification or changes in the provisions of an ordinance, it is suggested that should the modification be a substantial or material deviation from the objective or purpose of the ordinance, the proper Committee of the Sanggunian should first be consulted since, in the final analysis, it is this Committee which will recommend the re- enactment of the modification to the Sanggunian. o Language Improvement The language of the Code should be clear, simple, direct and not susceptible to different interpretations. o Revisions of Provisions There are symbols universally used in the revision process. The symbol ( ) or [ ] is used to indicate deletion or omission. Additions or insertions are indicated by CAPITALIZING all the WORDS or PHRASES ADDED or INSERTED. Each of the provisions is numbered consecutively at the left margin for easy reference. CODIFICATION OF ORDINANCES
  • 11. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PEACE AND ORDER SEC. 1. For security measures and to minimize (frequent Occurrences of) accidents (most especially) from power explosions, All retail stores (of this municipality) are (hereby) prohibited To sell to any person such as big firecrackers known as bawang baby thunder and pla-pla, (as same are classified as dynamite, Hence) WHICH ARE destructive and dangerous to lives and properties. SEC. 2 Any person (or persons regardless of gender), Caught in possession of (the above-mentioned) THESE explosives Will be subjected to the penalties provided for in this ordinance. SEC. 3 (Previous) Ordinances whose provisions are in conflict With this ordinance, are (hereby declared null and void) REPEALED. SEC. 4 Any (infraction or) violation of thi

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