simplified manual on codification: a guidebook on harmonization of local laws

8/3/2019 Simplified Manual on Codification: A Guidebook on Harmonization of Local Laws

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Copyright 2009

The Deutsche Gesellschat r Technische Zusammenarbeit (GTZ) GmbH

No part o publication may be reproduced in any manner whatsoever without

permission rom the copyright owner.

ISBN 978-971-94146-4-3

The Deutsche Gesellschat r Technische Zusammenareit (GTZ) GmH is

implementing the Decentralization Program in the Philippines on the basis o a

commission rom the German Federal Ministry or Economic Cooperation and

Development (BMZ).

The opinion and analyses expressed in this book do not necessarily reect the views

and ocial policies o the GTZ Decentralization Program.

Published by the:

German Technical Cooperation (GTZ) Decentralization Program

Unit 2A PDCP Bank Centre

Cor. V.A. Runo & 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 Oce VI

Atty. Anthony C. Nuyda, CSEEOIC, Assistant Regional Director, DILG Regional Oce VI

Arce Dion Chua

Regional Coordinator, GTZ Decentralization Program

Consultants

Fe Quanico Salcedo

Rosela E. Lumauag

Josea A. Carandang

Technical Coordination

Anna Lee I. Mostacho

Mariecelle N. Bello-Zamora


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Messages

Acknowledgements

Acronyms

1. Introduction ................................................................................................................. 1

2. Understanding Codication ................................................................................... 3

What is Codication? ......................................................................................... 3

What the Codes May Contain ......................................................................... 5

3. Preparing to Codiy .................................................................................................... 8

Codication Program Advocacy ..................................................................10Technical Assistance Agreement .................................................................15

Organization and Management o the

Codication Program .................................................................................16

4. Codication Roadmap ............................................................................................20

Pre Drating .........................................................................................................21

Drating .................................................................................................................24

Enactment o the Code ...................................................................................28

Post Enactment ..................................................................................................295. Evaluating the Code Implementation .............................................................30

Implementing the Code .................................................................................30

Legislative Oversight ........................................................................................31

6. Conclusion ..................................................................................................................34

Key Factors that Make Codication Easy ..................................................34

Codication Milestones Checklist ...............................................................35

Glossary o Terms ..............................................................................................................36Annexes ...............................................................................................................................37

Contents


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Simpliied manual on CodiiCation:A Guidebook on Harmonization o Local Laws


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Simpliied manual on CodiiCation: A Guidebook on Harmonization o Local Laws

Arevisit o Philippine history would revealthat we have been codiying laws even

beore the Spanish rule. It exemplies

the innate capacities and character

o 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 or ling,

classication and organization o ordinances. A system or codicationhad been introduced beore but local eforts did not prosper due to lack o

technical experts on this area.

The synergy between the German Technical Cooperation-

Decentralization Program and the DILG Regional Oce VI paved the way to

the realization o this manual. Amidst the quandaries and gargantuan tasks

our Department is handling, I am elated that you have embarked on this

undertaking.

With codied local laws, conusion could be eliminated, local authorities

will have the condence and consistency in enorcing laws and mostimportantly it will promote transparency. Further, it can create a harmonious

yet dened relationship between the local executive and legislative body.

We, at the Central Management take pride on this noteworthy

accomplishment. My gratitude goes to GTZ or the overwhelming

assistance and or bolstering the programs and thrusts o the Department.

To DILG Region VI, my congratulations and commendations or the

extra efort in using the knowledge and expertise o our local legislation

specialists in ormulating this manual.

Rest assured that you have the ull support and appreciation o theentire DILG amily.

Mabuhay kayo!

Ronaldo V. puno

Secretary

Department o the Interior and Local Government (DILG)

Message


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Iwould like to extend my congratulations to

the German Technical Cooperation (GTZ)

Decentralization Program and the DILG

Regional Oce VI or coming up with this rst

ever codication manual.

This is a huge achievement as ar as local

legislation is concerned. I am elated with the

eforts o GTZ and DILG6 in merging all available

knowledge and resources in order to come up with a very comprehensive,

inormative and at the same time a useul material that could readily be used

by local legislators.

Through decades o codication practice, voluminous amounts o

policies and ordinances have been passed thus, creating duplications,

unclear and conicting interpretations. This manual will acilitate the reviewand harmonization o policies and ordinances in coming up with a CODE that

is responsive to the needs o 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 o

transparency and good local governance.

With that, I would like to commend the people behind the creation o

this manual especially the group who had inputted their technical expertise

in codiying ordinances. To the GTZ and DILG6, congratulations or a job

well done!

auSteRe a. panadeRo

Undersecretary or Local Government


Message

v


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Message

On behal o the DILG Regional Oce

VI, I would like to extend my heartelt

gratitude to those who took part in the

realization o this dream, the rst ever

codication manual in the country.

We consider this as a milestone in the history

o local legislation. This manual will guide LGUs in

harmonizing their policies and ordinances to come

up with a compilation o ordinances that will readily address problems in

duplications, inconsistencies and conicting interpretations. Moreover, it

could spur economic growth and efective local administration by providing

clear provisions to operations and implementation o laws. It will also

project a good business environment or investors.

I would like to thank the German Technical Cooperation (GTZ) ortheir endearing support to the programs and projects o 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 eforts 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


Region VI

v


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Message

Decentralization is a global trend whichaims to improve access to services, t

government actions to private needs,

and increase opportunities or state-

society interactions, thus bringing governance

closer to people. The Local Government

Code o 1991 which decentralized governance

is considered as one o the best and most

revolutionary reorm 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 o the essential components o decentralization is the

strengthening o the Local Government Units (LGUs) capacity in legislation

because at the local level this is o utmost importance. Legislation should

be well understood by all parties concerned including the executive and

legislative. This aspect o governance had been acing critical issues such asduplication and incorrect interpretation o laws. Lack o policies has been a

crucial actor in deterring economic progress and good administration.

The codication manual was ormulated 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 reerence particularly or the LGUs, notwithstanding the requirements

o legal documents.

We, at the GTZ staunchly support the unrelenting eforts o DILG inproviding technical assistance and capacity building to Local Government

Units. The Decentralization Program will continually commit its resources in

attaining excellence in local governance.

The orged partnership with DILG exemplies the incessant need or

government and the development institutions to work together towards a

common goal o building better and stronger communities or the Filipino

citizenry.

dR. HeRWiG maYeR

Program Manager

GTZ Decentralization Program

v


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Acknowledgements

The Department o the Interior and Local Government in Region VI and

the German Technical Cooperation Decentralization Program are grateul

to the ollowing local government units and academic communities ortheir time and efort in validating the content o this knowledge product.

FromtheProvinceofCebu:

Barili,Carcar,Compostela,Consolacion,Cordova,Danao,

Liloan,Minglanilla,Moalboal,Naga,TalisayandSanFernando

FromWesternVisayas:

MalayandMakato,Aklan

SanJoseandSibalom,Antique Pan-ayandMaayon,Capiz

BuenavistaandNuevaValencia,Guimaras

NewLucenaandTubungan,Iloilo

HinigaranandSilayCity,NegrosOccidental

ProvincesofGuimarasandIloilo

IloiloCity

CentralPhilippineUniversity

UniversityofthePhilippinesintheVisayas UniversityofSanAgustin

With our gratitude is the memory o the wealth o your knowledge and

your willingness to share it. It has made this codication guide more

grounded to realities o codication challenges.

v


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Acronyms

C/MLGOO City/Municipal Local Government Operations Ocer

LGOO Local Government Operations Ocer

CSO Civil Society Organizations

DENR Department o the Environment and Natural ResourcesDILG Department o the Interior and Local Government

ELA Executive and Legislative Agenda

GTZ German Technical Cooperation

GTZDP German Technical Cooperation Decentralization Program

IP Indigenous People

LCE Local Chie Executive

LGPMS Local Governance Perormance Management System

LGU Local Government Unit

LL Local Legislation

LLEDAC Local Legislative-Executive Development Advisory Council

MOA Memorandum o Agreement

NGO Non Governmental Organizations

PO Peoples Organization

RA Republic Act

SCALOG Systems Competency or Local Governance

SLGR State o Local Governance Report

TA Technical Assistance

TWG Technical Working Group

v


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Simpliied manual on CodiiCation: A Guidebook on Harmonization o Local Laws 1

G

overnment administration is generally carried out through

the implementation o 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 diculty in

inormation retrieval, duplication in laws and policies, unclear legislation,conicting interpretations, unenorceability and non-responsiveness

o ordinances and policies to local development needs. Most oten,

local executives and law enorcers have a hard time in the enorcement

o ordinances and policies due to lack o coherence and consistency o

laws and regulations being implemented as well as convenient access to

inormation contained in the laws.

To address such situations, the Bureau o Local Government

Supervision o the Department o the Interior and Local Government(DILG) had earlier introduced a system o codication. The importance

o codication is urther reiterated and reinorced by DILG through the

Local Governance Perormance Management System (LGPMS). In LGPMS,

codication is made one o the bases in local legislation productivity

perormance evaluation whereore municipalities, cities and provinces

are expected to codiy the major codes. Notwithstanding, many LGUs

remained unable to codiy. Some o the identied problems were: lack

o understanding and appreciation o the importance o codication,

conict between the legislative and executive bodies, apprehension that

codication is an expensive endeavor, absence o technical expertise

among LGUs and inadequate availability o technical support.

1Introduction


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2 Simpliied manual on CodiiCation:A Guidebook on Harmonization o Local Laws

Selected DILG personnel were trained as Local Legislation Specialists.

However, their number had remained as it is and would not suce to assistall the LGUs in need o technical assistance. Recognizing the limitations,

DILG Regional Oce 6 embarked into the project o coming up with a

knowledge product on codication. Supported by the Decentralization

Program (DP) o the German Technical Cooperation (GTZ), this project

utilized the available wealth o codication knowledge, learning and

experiences o the Local Legislation (LL) Specialists at DILG Region VI and

the GTZ DP Consultants. The idea was to generate practical inormation

on codication or Local Government Units, DILG Ocers, Civil SocietyOrganizations and Academe interested to assist the codication initiatives

o the LGUs and those with course ofering on local governance and

administration including local legislation.

This is a knowledge resource generated rom eld learnings and

experiences so that codication becomes easy and sensible task or every

municipality, city and province.


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In the Philippines, the history o codication can be traced as ar as

the pre-Spanish Era through the Code o Sumakwel and the Code o

Kalantiaw. Spain, also introduced the practice o codication in the

Philippines. Among the codes which Spain enorced in the Philippines

were the Spanish Civil Code and the Penal Code. The practice o

codication was retained during the period o American occupation upto the present.

Wh s Cfc?

2

Understanding

Codication

Cfc is a joint efort o the executive and legislative

branches o the Local Government Unit in the systematic

process o collecting, inventorying and classiying legislation

by subject o law or practice, revising, supplementing and

consolidating provisions to eciently and efectively inorm

the public through an enactment o its end product a Code


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Cfc is derived rom the root word code. It denotes the creation

o cs, whch r c wr ss, rs,

rgs that inorm the public o acceptable and unacceptable

behavior. It is the collection and systematic arrangement usually bysubject o the laws o a state or country, or the statutory provisions, rules,

and regulations that govern a specic area or subject o law or practice.

Codication as seen rom various experiences

Review and updating of the antiquated ordinances that do not

t the needs o the current times as well as correct conict and

inconsistencies

Completeandsystematicprocessofcollectionandorganizationofall

local laws and regulations o a general and permanent nature into a

new enactment a Code that is responsive to peoples needs

Theresultisastylizeddocumentthatiseasytoreadandtoaccess.

It embodies all the ordinances, past and present o the local

government unit and is thereore the repository o the body o rules

and regulations institutionalizing local legislation or their properenorcement

Codes serve as our bible in managing the LGU.All municipalities, provinces, cities, the entire country should embark into

Codication.

Oscar Richard S. Garin, Jr,

Former Mayor, Guimbal, Iloilo


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See Annex F or a more

detailed outline o Case 2

Cs 1

I. General or Introductory

Provisions

- Short Title and Scope

- Rules o Construction

- Denitions

- Policy Statement

- Authority

- Governing Laws

- Acronyms

II. Provisions on

A. Land

B. Water

C. AirD. Noise

III. Final Provisions

- Penal Clause

- Separability Clause

- Repealing Clause

- Efectivity

- Rules on Amendment

Cs 2

Article I:

Title o the Ordinance

Article II:

Authority and Purpose

Article III:

Forest Resources

Article IV:

Mineral Resources

Article V:

Water Resources

Article VI:

Ecological Solid Waste

ManagementArticle VII:

Coastal Resources

Article VIII:

Air Quality Management

Article IX:

Eco-tourism

Article X:

Environmental ImpactAssessment

Article XI:

Land Use Planning

Article XII:

Organization

Article XIII:

Penalties and Miscellaneous

Provisions

Wh h Cs my C?

a. evr C


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B. ivs icv C

Cs 1

I. General or Introductory Provisions(Short Title and Scope; Rules o Construction; Denitions;

Policy Statement; Authority and Governing Laws; Acronyms)

II. Purpose, Objectives and Goal

III. Institutional Support

(Investment Board; its creation; composition; powers, duties and

unctions; staf)

IV. Technical Support

V. Local Investment Priority Plan

VI. Local Investment Priority AreasVII. Preerred Areas o Investment

VIII. Qualications

IX. Incentives and Privileges

X. Mandated Appropriation

XI. Final Provisions

(Penal Clause/Grounds or revoking and/or withdrawal o

incentives and/or privileges; Separability Clause; Repealing Clause;

Efectivity; Rules on Amendment)

Cs 2

Article 1: Title o the Ordinance; Declaration o Policies

Article 2. Denition o Terms

Article 3. Qualications o Applicants and Other Technical

Requirements

Article 4. Organization

Article 5. Investment Incentives

Article 6. Priority/ Preerred Areas o Investments

Article 7. RegistrationArticle 8. Exception and Non-Transerability o 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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C. C Gr orcs

I. General or Introductory

Provisions

- Short Title and Scope

- Rules o Construction

- Denitions

- Acronyms

II. Provisions on

- Public Morality- Health and Sanitation

- Transportation

- Games and Amusements

- Public Saety, Peace and Order

III. Final Provisions

- Penal Clause

- Separability Clause- Repealing Clause

- Rules on Amendment

- Efectivity

d. Rv C

Chapter 1

General Provisions

- Title o the Code

- Scope

- Accrual o Collections

- Denition o Terms

Chapter 2Organization 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

- Efectivity

Codication strengthens the relationship between executive

and legislative

Local Legislation Specialists, DILG Region VI


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3

Preparing to

Codiy

A

n LGU can size up its perormance in local governance based

on the existence o the ore cited relevant codes. To pursue a

codication program, there are several steps that one should

take into account.

pRe-CodiiCation pHaSe

1. Cfc prgr avccy

- Know the governance terrain

- Getting the buy-in or the Codication Program

2. tchc asssc agr

3. orgz mg h Cfc prgr

- Formation o Codication Committee and Technical Working

Group

- Budgeting and Action Planning

- Capacity building or the Codication Committee and

Technical Working Group


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Codication Approved!

A local legislation specialist was invited by the City o Victorias TheCLGOO talked to the Mayor about the Codication o Ordinances. Ater

answering all their questions, he was able to convince both the Mayor

and Vice-Mayor o the importance and benets that the city will derive

rom codication. The Mayor then made a letter o addressed to the

DILG Provincial Director requesting or assistance in the conduct o an

Orientation Brieng on Codication o Ordinances or city ocials and

department heads.

As a result, the ollowing were passed:

1) A Resolution approving the codication o existing ordinances into

a City Revenue Code, Code o General Ordinances, Environment

Code and Investment Incentives Code in City o Victoria;

2) A Resolution authorizing the City Mayor to sign the MOA or and

in behal o the City o Victoria with the DILG Negros Occidental on

codication;

3) A Resolution that creating the City Codication Committee and the

Technical Working Group; and

4) A Resolution that requesting the Oce o the City Mayor to set

aside the amount o PhP 130,000 as allocation or the Codication

o Ordinances Project.

Learning rom the Experience

It is best to advocate or codication during the rst year o the three-year

term o the LCE. One year beore election is not advisable as most elective

ocials 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. Cfc prgr avccy

Kw h gvrc rr

The objective o this step is to prepare or the codication programs social

marketing and advocacy. This is or both internal and external technical

assistance providers.

Be amiliar with LGU strengths, weaknesses, capacity development needs

and dynamics o interpersonal relationship among local ocials and

employees. Know the legal bases o codication and the external actors

that would motivate LGUs to codiy. Build on the LGUs needs and the

external motivators in advocating or codication. Be able to expound on

the importance o codication. Have an idea on reasons why LGUs go into

codication.

The LGUs perormance and capacity level can be gleaned rom its State

o Local Governance Report (SLGR), LGPMS, Systems Competency or

Local Governance (SCALOG), Executive and Legislative Agenda (ELA)

and the LGU Capacity Development Plan. A management audit may be

conducted.

Gg h by- r h Cfc prgr

The objective is to get local ocials as well as NGOs, POs, CSOs and

private sector interested in and committed to codication through social

marketing and advocacy. This can be done through codication orientation

and consultative meetings. Commitment to codiy is concretized through

Sanggunian Resolution and/or Executive Order (EO) to codiy. The EOshould stipulate composition o the Codication Committee and the

Technical Working Group. Advocacy messages should be clear as to the

importance, purpose and legal bases o codication.

Paving the way towards the vision

In an LGU Management Audit Review, several critical issues emerged.

The most striking o which was the lack o policies that will create orthe 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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importance and the urgency o 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 ormulated rst beore coming up with the Investment and RevenueCodes. The realization was: to propel the LGU to achieve its vision o

progress, codication needs to happen and that Codes have to be

mutually supportive and complementary.

Vision o a more economically

viable climate

Code o General OrdinanceInvestmentIncentive Code

Revenue Code

Environment Code

Genuine

Progress

promoting

welare


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10Rss Why lGus Cy1. To eliminate hours o rustrating research

2. To maintain laws in a comprehensive, up-to-date and

understandable orm

3. To harmonize national and local laws

4. To avoid conusion, conict and duplication o ordinances

5. To enhance public and private sector partnership

6. To enorce laws with condence and consistency

7. To ensure correct interpretation o laws

8. To acilitate citizens access and easy retrieval o 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 o LGUs

development vision and citizens general welare

Insummary,ordinancesandother

legallybindingdocumentsarecodiedtoprovideconvenience,

completeness,clarity,

condenceandconsistencyintheenforcementoflaws


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lg Bss (r Cfc)

In advocating or the Codication Program, one may expound on the

ollowing legal bases:

RA 7160 (Local Government Code o 1991) Sec. 16, 17, 97, 129, 444,

447, 455, 458, 465, 468

DILG Memorandum Circular on LGPMS

Cs

Environment

Investment

Incentive

Revenue

prss

Protectstherightofthe

people to a balanced

ecology

Promotesthespiritof

stewardship

Promotessustainable

development

PromotestheLGUasan

investment destination

Promotesestablishmentof

growth inducing industries

and preerred areas or

investment

Promoteslocaljob

generation

Eliminatesredtapeinlocal

bureaucracy in the context

o ARTA

Increasesopportunity

o partnership with the

private sector

Increasesavailabilityof

local revenue or the

delivery o quality basic

services to the people

Maximizeslocaltaxing

opportunities provided or

in Book II, Title I, Section

129 (Power to Create

lg Bss

RA 7160 Sec. 16, Sec. 17

RA 7160 Book III. Power

to enact ordinances or

municipalities, cities,

provinces

RA 7160 Book II, Title

I, Chapter 5, Sec. 192.

Authority to Grant Tax

Exemption Privilege (or all

LGUs at all levels)

RA 7160 Book II, Title

I, Chapter 5, Sec. 193.

Withdrawal o Tax

Exemption Privileges (or all

LGUs at all levels)

RA 7160 Book II Title I on

scope o taxing powers:

- Chapter 2, Article 1 or

provinces, Article 2 or

municipalities, Article

3 or cities, Article 5

or Common Revenue-

Raising Powers


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Cs prss lg Bss

General

Ordinance

Sources o Revenue) o the

1991 Local Government

Code

Reducestaxevasion

OptimizestheLGUs

exercise o its police power

provided or RA7160

Promotespublicorderand

saety

Institutionalizeslocal

bureaucracy

Book III. Power to enact tax

ordinances:

- Chapter 3, Art. 3, Sec.

447, (2) (i-xv), (3) (i-vii) or

municipalities

- Chapter 3, Art. 3, Sec. 458,

(2) (i-xv), (3) (i-vii) or cities

- Title 4, Chapter 2, Art.

3, Sec. 468, (i-ii) or

provinces

- DILG MC 51, s. 1998 -

Establishment o a Local

Revenue Management

Inormation System.

- DILG MC on Revenue

Code Updating

- DILG MC 2009-42.

Guidelines on imposition

and collection o local

taxes, ees and charges

RA 7160 Sec 16, Sec 17.

Powers to enact ordinances

o general application:

- Section 444 and 447

(municipalities)


(cities)


(provinces)


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LGU

DILG (LGOO)

TA Provider

lCe Gives general directions and guidelines;

leadership; moral and nancial support

Vc-lCe Provides supervision, technical and moral

support

Sgg Responsible or the enactment o the

Code. Through the Sanggunian Secretary, provides

technical, secretariat and moral support

pg dv Crr- Facilitates,

coordinates and monitors the Codication Programplan o action and resource requirements. Guides the

developmental perspective and direction

Facilitator, coach, inormation broker and program

coordinator

Facilitator, coach, inormation broker and program

coordinator

Provides technical assistance on the codicationprocesses; may also serve as program coordinator;

could be DILG Local Legislation Specialist or consultant

rom the academe, Non- Governmental Organization

(NGO) or a training institute

Develops competencies o the Codication Committee

and Technical Working Group (TWG), in partnership

with the DILG Ocer

3.2. tchc asssc agr

It is highly recommended that when the LGU involves external technical

assistance or codication it should exert its best eforts to establish clearagreements between the LGU and the technical assistance providers. For

this, a Memorandum o Agreement (MOA), stating the terms o reerence

o the technical assistance to be provided and duties and responsibilities

o each party, can be signed by the LGU, DILG and other partners. (See

Annex A or sample MOA)

pssb Rs


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3.3 orgz mg hCfc prgr

r Cfc C & tWG

To ormally organize the team, orient members o the Codication

Committee and TWG on their roles, tasks and responsibilities in a meeting

duly called or this purpose.

Codifcation

Committee

Technical Woring

GroupSecretariat

Responsible or

the codication

process and

corresponding

tasks.

Suggestedcomposition:

Chairperson:

Vice Mayor

Memers:

Sanggunian

Chairpersons o

each major LGU

Code,

Departmentheads, CSOs

Facilitator/Coach:

DILG Local

Government

Operations

Ocer

1. The working arm

o the Codication

Committee

2. Perorms technical

codication tasks

SanggunianChairpersons o

each major LGU

Code

LGU Senior

Technical Staf

rom every Oce

or department

(See Annex B or

suggested speciccomposition o Technical

Working Group per Code

to be prepared)

3. Responsible

or ling and

saekeeping o drat

codes

4. Perorms

administrative

support

5. LGU CodicationProgram

Coordinator

6. Encoders

7. Sanggunian

Support Staf


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ohr Skhrs:

TheLocal Legislation (LL)Specialist. Could be rom the pool o

DILG Specialists or institutions that are capable to extend technicalassistance on codication. May also be reerred to as Technical

Assistance (TA) provider. A TA provider may be an individual such as

in the case o LL Specialist or a multi-disciplinary team that altogether

renders technical assistance on codication.

TheInternalandExternalCodicationProgramTeam.The Internal

Team members reer to insiders or local unctionaries and experts.

External Team members reer to technical experts outside the LGU.

Both are expected to extend technical support to the Codication

Program.

TheLegalTeam.ComposedofLGUlegalcounselanditssta. In

case an LGU does not have one, legal support may be obtained rom

the next higher LGU or rom the private sector. Involve or engage the

legal team at the earliest possible time o the codication process.

TheCodicationChampions. They come rom the Executive andLegislative branches. These are oten the Sanggunian Secretary

and/or the Planning and Development Coordinator who usher the

ull completion o the codication process. They also include the

sponsors o the codes who are Sanggunian Members as chairs o the

standing committees o 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 codication, and lends the sense o urgency to the LGUs so

that they can complete in the earliest possible time.

-Antique Codication Experience


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Bgg

During the codication advocacy, LGU should understand that the

Codication Program has resource requirements, both monetary andnon-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 ollowing:

Personnel(legalresearcher,encoder)

Suppliesandmaterials

Equipmentandfacilities(computer,printer,scanner,photocopying

machines, working place)

It is also important to allocate or the ollowing activities:

Capacitybuildingforlocallegislationandcodication

Publicationandreproductionofthecode(s)

An allocation or consultancy cost may be allocated should the LGU sees

a need or it.

Hiringencoder(s)andassigningcomputer(s)exclusivefortheCodication

Program hasten the completion o the tasks

Budgetforreproductionmaybeaddedlaterafterthecodehasbeenenacted

Digitizingmaybeconsideredasabudgetiteminthecodicationprocess.

Though an enabler in the process, it is not a requirement

Tipsofreducingcost:

- 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 eedbacking sessions


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ac g

Prepare an Implementation Schedule or an Action Plan (see Annex G1

& G2). It should be duly discussed, developed and agreed upon by thestakeholders. This is an important tool or setting direction, tracking

progress and or keeping codication activities in track towards

completion.

Ccy Bg r h Cfc C tWG

It is a must to conduct a codication orientation and team building or

the Codication Committee, TWG and Secretariat beore the start o the

codication proper. This is to clariy the expected outputs, roles, dene

work values, level of on expectations and rm up commitments. A

seminar on legislation development is also important (see Annex E or

Training Module Outline).

A Team Makes a Dierence!

What made the Guimbal experience successul was the concerted eort

and commitment o all stakeholders involved rom the Program

Management Team to the Codication Committee to the TWG even

when aced with various challenges and problems such as:

- Crashing o computer where ALL the ordinances were saved; this

required encoding EVERYTHING again

- Depletion o nancial resources in the middle o the project. Whilewaiting or supplemental budget, the Secretariat had to resort to

the use o carbon paper (when ink ran out) so that the revised code

would be printed in time or a Committee meeting!


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4

Codication

Roadmap

The roadmap applies to both developing a new code and reviewing an

existing one. The details o a step-y-step guide per phase are hereto

presented.

4.1

Compilation

4.7

Output

Consolidation and

Review

4.8

Public

Consultation

4.9

Committee

Meetings

and Reporting

4.10

2nd Sanggunian

Reading

4.11

3rd SanggunianReading

4.12

LCE Approval

4.15

Efectivity

4.13

Publication o

Approved Codes

postenactmnt

enactmnt

drafting

prdrafting

4.16

Reproduction o

Approved Codes

4.17

Distribution

o Codes

4.14

Transmittal & Review

o Higher Sanggunian

4.6

Supplementation

4.5

Revision

4.4

Writing

Manuscript

4.2

Inventory

4.3

Classication


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pr-rg

4.1. C

- Identiy ordinances to be codied and its sources (i.e. logbook,minutes, Mayors Oce or next higher LGU, etc)

- Gather and compile existing ordinances.

- Ensure presence o a legislative tracking system that leads to

aster and easier compilation process

4.2. ivry

- List down all ordinances according to date o enactment ,

source , subject matter and status (Form in Annex D)

- Remember, the status should indicate whether the ordinance is

original, amended or repealed.

4.3. Cssfc

- Classiy ordinances by topic i.e. Environment, Investment,

Revenue, Health, Zoning, Transportation, etc. (Form in Annex D)

- Not only the whole but sections o the ordinance need to be

classied. An ordinance may have sections that belong to

various classication- Group together similar pieces o legislation

- Repealed or superseded ordinances are eliminated

- Exclude ordinances that will not be relevant to the subject o

the Code prepared. Example: When preparing a code o general

ordinances, revenue and investment incentive ordinances are

excluded.


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Practical TipsPre-drating Stage

BeguidedbyPresidentialDecreesandProclamations,Republic

Acts, Departmental Mandates, Administrative and Executive

Orders, local ordinances related to the subjects and applicablelocal conditions.

AvoidembarrassingsituationsbyrememberingthatCodes

rom other LGUs are meant to be used as benchmarks but not

to be cut and paste into your own document.

Incaseprimarydataandcopiesofthelegaldocumentsarenot

available in the Oce o the Sanggunian, check the Oce o

the LCE, or the higher Sanggunian, or other concerned oces

Indoinganinventory,listdownthelatesttotheoldest.This

is convenient especially when an LGU, especially cities, has

hundreds i not thousands o legal documents to inventory.

Though not a hard rule, inventory may cover ordinances that

were passed within the rame o 25 years

Itisimportanttoorientencodersinthecodicationprocessand

the guiding principles. In many cases, they are also tapped to do

pre-drating tasks.


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Broader sectoral participation makes codication work easy.

Knowing and understanding the development needs through

consultations acilitate the completion o the proposed code.

Dumaraos People Congress

The Indigenous People (IP) living in the hinterlands within

the territorial jurisdiction o the Municipality o Dumarao

is represented in Dumarao Peoples Congress. The Peoples

Congress was a venue or the people o Dumarao to share

their aspirations, express their opinions and articulate their

development needs. It only took a matter o three months to

comprehensively complete the Environment Code o Dumarao

because o the excellent inputs provided y the memers

o the Peoples Congress. The members were very interested

and extensively participated in the codication project. One

major result o the completed Environment Code was theMemorandum o Understanding orged between the DENR and

the municipality to protect and preserve the ancestral domain o

the IP.

Gather and study codes o other LGUs. They can be used as

benchmarks in preparing own code.

Whats in a name?

In 2006, an LGU in Region VI embarked on a codication project.

Members o the TWG were condent that they would be able to

complete the task without diculty since they had a model code

rom another LGU in their possession. At the nal stage o their

work, which is the approval on the third reading, they were horried

to nd out that it was the name o the model LGU that appeared ontheir document!


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drg

4.4 Wrg h dr mscr

Prepare a manuscript or drat code. Use topical headings or subjectsor classication in preparing or an outline o the ordinances

codied version i.e. environmental measures may be classied as

solid waste management, water quality management, air quality

management, land use management, etc.

4.5 Rvs

- Revise the provisions not in consonance or in conict with

present needs and inconsistent with existing laws.

- Take into account compliance with statutory requirements and

conormance to current practice or policy as well as provisions

that could be standardized

- This is also about language improvement. Take note o

inefective wording or misleading inormation. Endeavor to

use gender neutral language e.g. instead o chairman use

chairperson, instead o policeman use police ocer

4.6 S- Add, amend or modiy certain provisions o existing ordinances

- In determining what to add, amend or modiy, check back

development vision and gaps

- Take stock o the missing inormation or legislation

- Consider possible enorcement problems

4.7 o Cs Rvw

The Codication Committee consolidates the drat outputs orreview and consultation. Conduct o mock hearing is recommended

prior to public hearing.


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Why Conduct a Mock Hearing?

It is a venue to validate the outputs

among team members. The CodicationCommittee together with the TWG,

Program Coordinator, Coach (i any) and

Local Legislation Specialist present the

outputs to the Sanggunian and the internal

and external codication team. The intent

is to get their comments and suggestions

as well as validate provisions in preparing

or the public hearing or consultation.

To validate the support, acceptance and

approval o the Codication Program,

which includes generation o the outputs

and the processes involved the Codication

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 beore the drat is

presented or public consultation/hearing.

It keeps everybody in the loop as to the

status and content o the drat products,

thus, putting everyone in state o readiness

should one member o the team be not

around during the actual public hearing.

mck Hrg

is not a mandated

process. This

is added as

an activity in

preparation or the

public consultation

or hearing.

Not all codes are

required to be

subjected to a

pbc Hrg.

However, based

on the principles

o developmental

legislation, public

consultation is a

MUST. (See Annex H

or Practical Tips)


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Practical TipsDrating Stage

Codifyingonecodeaftertheother,i.e.EnvironmentCodeto

Investment Code, is helpul in revising and supplementingprovisions

Advicefromtheexpertsiscrucialatthedraftingstage.Get

support rom the legal team and department heads. The legal

mind can acilitate very well the process, language and raming

up o the Code

Keepthespiritalive.Facilitateactivitiessuchasteambuilding

in between codication activities. It would continuously inspire

people to work

Keepeverybodyabreastofthestatusofactivities

HarmonizationisimportantwhenanLGUisamemberofan

Alliance

Conductlegalandsocialresearchaswellasconsultationand

validation meetings among internal and external stakeholders.

FocusedGroupDiscussionsarealsoadvisableatthisstageas

they broaden perspectives


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tHinGS to WatCH out oR

Crashing computers. Always back up your les!

Missing les and documents. One personnel should be

responsible or ling and sae keeping o les especially

drat codes.

Keeping track o the schedule. It will keep you going until

the nish line!

Non-completion o expected outputs on time, deective

machines, inadequate supplies and materials, ineective

methods/processes and budget level. Bring these to the

attention o the Codication Committee Chairperson.

Check on the actions done in relation to problems and

issues brought to the Codication Committee

Be on the look-out o extra-curricular activities. When

these happen during the codication period, the Team

should agree on the solutions. These may include

overtime work or immediate adjustment o schedules

and assignments

Be on the lookout or the political climate and

communitys reaction to the on-going process.

Conduct o regular meetings by the Codication

Committee and the Technical Working Group


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ec h C

4.8. pbc Cs

Presentation o codes to the stakeholders or comments andreactions

4.9. Cc C mgs Sbss C

Rrs

4.10. Sgg 2 Rg

- Period o Debate

- Period o Amendment

- Approval on second reading

4.11. Sgg 3r Rg

- Reading

- Period o Voting

4.12. ApprovaloftheLocalChiefExecutive

The approved measure is presented to the LCE or action. The LCE

may approve or veto the ordinance

Some Points to Remember

Aside rom sending letters o invitation to the public hearing, hang

streamers and distribute leafets

Makesurethatresourcepersonsareavailabletoformpartofthepanel

o internal and external experts during the public consultation. They can

address issues, queries and clarications.

Attendanceandminutesofthepublichearingshouldbegivendueattention.

Donotlumpallsectorsinonehearing,especiallyinbigmunicipalitiesand

cities

Providecopiesofthelegislativeproposalhighlightingthesalient

eatures; use recycled paper

Mobilizepunongbarangaysandotherocials

Ithelpstorecognizeauthorsoftheordinancesthathavebeencodied.

CodicationCommitteeandTWGmemberswhoaremoreawareofthe

codication processes and outputs put up a common stand during thepublic hearing.

Morecodicationchampionsshouldbedevelopedintheprocess.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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ps ec h C

4.13. pbc rv Cs

- Post the approved codes o ordinances in a bulletin board at theentrance 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 ve days ater its approval.

- Content shall be disseminated in Filipino or English and in the

Philippines dialect understood by the majority o the people.

- Ordinances with penal provisions shall be posted or a minimum

o three consecutive weeks, and published in a newspaper o

general circulation within the territorial jurisdiction o the local

government unit concerned.

4.14. trs Rvw Hghr Sgg

- An ordinance rom a component city or municipality shall be

reviewed by the provincial sanggunian three days ater its

approval.

- I no action is taken by a higher level sanggunian within 30 days

ater submission o an ordinance, it shall be deemed valid.

4.15. Eectivity

The Code o Ordinances shall take efect ten days rom the date a

copy o it is posted. Unless otherwise provided therein, ordinance

with penal provisions shall take efect on the day ollowing its

publication, or at the end o the period o posting, whichever

occurs later. (Re. RA 7160 Sec 59, Sec 187)

4.16. Rrc arv Cs- Most LGUs allocate or the reproduction o approved codes as

soon as the Code preparation is in progress, separate rom the

Codication Program budget.

- Consider reproduction o approved copies through compacts

disks, it could be less costly

4.17. dsrb Cs

Reproducing the approved costs could be costly. LGUs prioritizedistribution o 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

In a series o discussion, participants shared that undergoing the

codication process improves legislators knowledge on local

legislation, ensures that stakeholders share the same vision or the LGU,

and builds camaraderie between the executive and legislative bodies

as well as efects good governance. However, ater all the processes

and enactment o the Code, what then? Was the law enorceable? Did it

bring about a more economically viable LGU? Were there more investors?

Did local income increase? Did it improve the general welare o 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 ater the

enactment o the Code.

ig h C

th ig Rs Rgs (iRR) r r r

h rs g rc. Most assume that when a

local code is ormulated, it is complete in itsel with clear implementing

rules and regulations embodied in it. However, it is not in all cases.

Many still see the need and importance o coming up with a separate

IRR (an on-line example o an IRR on Investment and Incentives Code is


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ound in http://www.quezon.gov.ph/qptic/rules.cm). By taking an active

part in the drating and review o the IRRs, the Sanggunian, through its

committees can guide the executive branch to the true intent o the

ordinance and at the same time perorms its oversight unction.

lgsv ovrsgh

th Sgg vrsgh c rrs s rvw

evaluationofselectedexecutivebranchactivities. As the Sanggunian

enacts ordinances or various development programs as well as authorize

the allocation o necessary und requirements, it is thereore duty bound

to ensure that programs are implemented eciently, efectively and

consistent with the development and legislative intent.

The Legislators Toolkit developed by the Philippines Canada Local

Government Support Program listed the ollowing techniques that the

Sanggunian may use in its oversight activities.

1. TheLocalLegislative-ExecutiveDevelopmentAdvisoryCouncil

(lledaC)

This is essentially a mechanism or legislative-executive cooperation,

but it can also serve as an oversight tool o the sanggunian. As both

bodies are represented, the oversight task o the sanggunian is less

threatening and thereby promotes more openness.

In considering LLEDAC as a mechanism or sanggunian oversight task,

the LGU should include the ollowing in its statement o duties and

responsibilities: LLEDAC shall monitor and review the implementation by the

executive o all resolutions and ordinances approved by the sanggunian.


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2. C mgs Hrgs

The mechanism oten supports the ordinance ormulation task o

the sanggunian. However, this also becomes the venue o reviewingand evaluating implementation o existing laws. The understanding

o results or non-results, enorceability or non- enorceability o the

existing laws ushers in possible new piece o legislation.

3. Ss prvss

It is a provision in an ordinance or law that places an expiration date

on an entire ordinance or part o an ordinance. This is one way to

systematically evaluate an agency or program -- by establishing a

specic date, e.g. our years, or the termination o a law creating the

agency or program.

4. sc vrsgh

The Sanggunian can enact a statutory reporting requirement in

the ordinance. By doing so, it institutionalizes the submission o

perormance or spending reports o a local agency. This enables thesanggunian to monitor and evaluate implementation o the code

by the concerned and responsible agency.


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Knowing the Results

The Investment Incentive Code o the Municipality o Guimbalprovided or the establishment o a One-Stop-Shop Center as

a mechanism to simpliy the business application system o

the municipality. The development objective was to increase

the number o investors and ultimately increase local income.

To determine whether the desired result o incorporating the

establishment o the One-Stop-Shop in the Investment Incentive

Code had been met, indicators as ollows were used:

a) Number o establishments registered at the onset o the One-Stop-Shop, and

b) Level o locally-generated income rom new establishments

An increase in the number o establishments rom about 400 in 2002

to 650 in 2007 was observed. Local income increased rom 4 million

to more than 5 million in the ensuing year and continues to increase

annually.

These inormation on results emanated rom the executive

ofce and was shared to the legislative body. It was like

Reporting back to the sanggunian. Most LCEs do this during

the delivery o the State o the Municipality/City/Province

Report to sanggunian. Reporting back can be expanded to

include reporting back to the public and the citizens the results

o 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 ofcers

to gather eedback that would lead to ordinance making

process and code updating.


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6Conclusion

crs h k cfc sy

1 Local development as an impetus to codiy, the desire to address

local governance perormance gaps and development priorities

including local economic challenges

2 A well-inormed and well- prepared Local Government Unit, whose

Executive and Legislative branches share a common development

vision

3 An available and willing technical assistance provider rom DILG and

other institutions

4 Proper timing and appropriate political climate

5 Strategically orchestrated codication processes, methods and

activities

6 Technical, social and legal readiness through accessible technical

and legal partners rom the National Government Agencies, Non-

Governmental Organizations, Civil Society Organizations, PeoplesOrganizations, Academe and Private Sector (See Attachment I or

the list)

7 Highly motivated and enthusiastic internal and external

stakeholders

8 Keeping the codication activities and outputs on track and on

schedule

9 Sustained enthusiasm among members o the Codication

Committee and Technical Working Group10 LGU institutional support rom the executive and legislative

branches in terms o budget allocation, and people s designation,

assignment and accountability


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Cfc mss Chcks

1. Executive Order and/or SanggunianResolution creating Codication

Committee and Technical Working

Group and allocating budget or the

Codication Program

2. Organization and management

mechanisms or the Codication

Program in place

3. Ordinances and other legally binding

documents researched, gathered ,

compiled and inventoried

4. Legislation to be codied sorted

topically with similar pieces o

legislation put together

5. A drat code manuscript developed

and reviewed with necessary revisions

and supplementation done

6. Drat code presented and discussed in

a public consultation/public hearing

7. Code enacted into ordinance


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Glossary o Terms

C

A systematically arranged and comprehensive collection o laws or

ordinances; a digest o all ordinances enacted by the local sanggunian

orc

A local law at the local government unit level, that, when ully enacted,

has the same efect and orce as a statute

within that LGU. It is a legislative act oa general and permanent character.

Sgg

It is a collegial body composed o a group o individuals

elected to represent the peoples interests. It has the

power to enact ordinances, approve resolutions and

appropriate unds or the welare o the LGU

and its inhabitants

Skhrs

Person, group or organization that can afect

or be afected by codication program


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Annexes

Annex A. Sample MOA

Annex B. Suggested Composition o TWG

Annex C. Sample Outline o Program/Project Proposal

Annex D. Ordinance Codication Schedule Forms

Annex E. Sample Training Module Outline on Development Legislation

Annex F. Suggested Code Outlines

Annex G. Sample Codication Action Plan and Implementation

Schedule

Annex H. Practical Tips on Public Hearing

Annex I. List o 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 o_________________________________________, this

__________ o , by and among;

The Department o Interior and Local Government with its main oce

in_____________________________________________________

, represented in this act by Dir._____________________________ duly

authorized in her/ his capacity as its Provincial Director, herein reerredto as DILG

AND

The city/municipality o____________________ with principal oce

address at______________________________________________

_ represented in this act by Hon.___________________________

city/ municipal mayor, pursuant to Resolution No.__________. O the

Sanguniang Panlungsod/Bayan o _____________________ herein

reerred to as_______________________.

WITNESSETH

Whereas, legislation is one o the most important unctions o local

government units;

Whereas, local legislators are duly bound to design and make policies that

will promote the general welare o their constituent;

Whereas, there are major pre- conditions to efective law-making or

exercise o legislative powers and unctions, such as the establishment o

computerized legislative inormation system, the organization o a highly

competent technical staf and administrative and tax codication among

others.

NOW THEREFORE

For and in consideration o the oregoing premises, and or the stipulations,

conditions and undertakings herein ater stated, the contracting parties

hereby mutually declare and agree as ollows:


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Section I. On the part o DILG

1. To provide the oce o the Sanggunian with the legislative record

Tracking System that will enable the Sanggunian to track theirlegislation to determine whether these are responding to specic

problems in the localities.

2. To provide legislative capability building training supportive to

the needs identied by the LGU with a view toward enhancing the

legislative capabilities o the Sanggunian;

3. To provide total package representing consultancy services, travel

and stable time or conduct o capability building initiatives to be

undertaken.

4. To assist LGU in coming up with the our (4) codes namely; Code

o General Ordinances, Revenue Code, Environment Code and

Investment Incentive Code

Section II. On the part o the LGU

1. To conduct needs assessments to include identication o possible

project/programs to address the identied needs, ormulation o an

implementation plan including the tasks that need to be done andresources required.

2. Monitoring and evaluation o projects to be implemented

3. To assist the initial identication o the problem constraints that

improve efective legislation in the Sanggunian

4. To designate staf who shall compose Local Counterpart Committee

that shall perorm the tasks or activities provided or by the concerned

agency, like DILG in pursuance o the objective o the project.

5. To designate the project coordinator that will ensure the activeinvolvement participation and support o the city/ municipality in

various activities o the project

6. To appropriate and make available the total amount o_________ as

counterpart und or the project supported with project design and

provide additional amount i necessary.

7. To provide other support services necessary or the successul

implementation o the project.


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Section III. Amendments

No modication o this agreement or any o its provisions shall be made

except mutually signed by the contracting parties.

Section IV. Efectivity

This agreement shall take efect or a period o ___________

starting___________ and shall remain in ull orce and efect until

completion o the project.

DILG, Provincial Director City/Municipal Mayor

Witnesses: _______________________

_______________________

ACKNOWLEDGEMENT


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Annex B

Sggs Cs tchc Wrkg Grs

For Environment Code

Chairperson:SBChaironEnvironment

Members:SBMembers,MENRO,MAO

For Investment and Incentive Code

Chairperson:SBChaironWaysandMeans

Members:SBMembers,MunicipalAssessor,MPDO

For Revenue Code

Chairperson:SBChaironWaysandMeans

Members:SBMembers,FinanceCommitteeMembers

For Code o General Ordinances

Chairperson:SBChaironRules,LawsandOrdinances

Members:SBMembers,SBSecretary


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Annex C

S o prgr/prjc prs

1. Identiying Inormation

Project Title

Location

Proponent

Collaborating Agency

Contact Persons

Target Outputs:

Revenue Code, Code o General Ordinances, Environment Code

and Investment Incentive Code

Activity Status

Duration

Total Activity Cost

2. Rationale

3. Objectives

4. Implementation Strategy: LGU, DILG. TWG and CodicationCommittee

5. Responsibilities and Duties

6. Monitoring and Evaluation

7. Budgetary Requirements

Prepared By: Recommending Approval:

(DILG) (VICE-Local Chie Executive)

Approved:

(Local Chie Executive)


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Annex D

Cfc Sch rs

Ordinance

No.

Ordinance

No.

SourceSubject

Matter

Subject

Matter Classication

INVENTORY OF ORDINANCES

CLASSIFICATION OF ORDINANCES

Remarks

StatusDate Enacted/

Series

Date

Enacted/

Series


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Annex E

S trg m o dv lgs

Module 1 Team Building

Module 2 Local Legislation

- Duties and Functions

- Local Legislative Process

1. Formulation o Resolution

2. Formulation o Ordinance

3. Parliamentary Procedures

Module 3 Codication Process


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Annex F

SomeExamplesofDetailedCodeOutlines

enViRonment Code

aRtiCle i: t h orc

Section 1. Title o the Ordinance

aRtiCle ii: ahry prs

Section 2. Authority

Section 3. Objectives and Purposes

Section 4. Operative Principles

Section 5. Declaration o Policy

Section 6: Denition o Terms

aRtiCle iii: oReSt ReSouRCeS

Section 7. Scope o Powers

Section 8. Governing Laws

Section 9. Operative PrinciplesSection 10. Forest Resources Management Framework

Section 11. Development o Production Forests

Section 12. Management o Protection Forests

Section 13. Development o Recreation Forests

Section 14. Forest Resources Inormation System

Section 15. Prior Consent o Sanggunian

Section 16. Annual Investment Plans

Section 17. OrganizationSection 18. Acts Prohibited and Punishable

aRtiCle iV: mineRal ReSouRCeS




Section 22. Regulatory Provisions

Section 23. Exploitation o Mineral Resources andRehabilitation o 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 29. Operative PrinciplesSection 30. Establishment o a Water Resources Trust Fund

Section 31. Designation o Priority Watersheds or Protection

Section 32. Water Resources Management Plan

Section 33. Water Quality Monitoring

Section 34. Protection o Public Water Inrastructures

Section 35. Protection o Riverbanks, Easements,

Rights-o-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 Classication


aRtiCle Vi: eColoGiCal Solid WaSte manaGement



Section 43. Operative PrinciplesSection 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 o PowersSection 50. Governing Laws


Section 52. Delineation o Municipal Waters

Section 53. Provincial Coastal Resources Management

Section 54. Conservation o Biologic al Diversity and Preservation

o Heritage Items

Section 55. Community Participation and Integration o

National Government AgenciesSection 56. Coastal Zoning and Management Guidelines

Section 57. Fishery and Aquatic Resources Management

Councils (FARMCs)


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Section 58. Organization

Section 59. Functions o the CRM Unit


aRtiCle Viii: aiR QualitY manaGement




Section 64. Industrial Pollution Control

Section 65. Zoning Clearances and Building Permits

Section 66. Ambient Air Quality and Noise Level Monitoring

Section 67. Inormation and Education

Section 68. Industry Group

Section 69. Acts Prohibited and Punishable Under This Code

aRtiCle iX: eCotouRiSm




Section 73. Community-Based Ecotourism

Section 74. Environmental StandardsSection 75. Sensitive Areas

aRtiCle X: enViRonmental impaCt aSSeSSment




Section 79. Functions o the EIA Monitoring Team

Section 80. Validation o Scoping SessionsSection 81. Participation in the Preparation o EIS Document

Section 82. Review o EIA and IEE

Section 83. Participation in the Public Consultation and Hearing

Section 84. Law Enorcement

Section 85. Inventory o Establishments

Section 86. IEE Compliance or Projects Not Covered by the EIA System

Section 87. Environmentally Critic al Areas

Section 88. TrainingSection 89. Environmental Guarantee Fund


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aRtiCle Xi: land uSe planninG



Section 92. Operative PrinciplesSection 93. Basic Policies

Section 94. CLUP Formulation

Section 95. Compatibility o Provincial, City and

Municipal Land Use Plans

Section 96. Danger Zone

aRtiCle Xii: oRGaniZation

Section 97. The Provincial Environment and Natural Resources

Management Oce (PENRMO))

Section 98. Jurisdiction o the PENRMO

Section 99. Department Head

Section 100. Supervision and Control

Section 101. Review

Section 102. Regulations

Section 103. Creation o Functional Units

Section 104. Perormance Evaluation

Section 105. (LGU XXXX) Sustainable Development Committee

aRtiCle Xiii: penaltieS and miSCellaneouS pRoViSionS

Section 106. Violation o Section


Section 108. Violation o Prohibited Acts Under Section

Section 109. Violation o Prohibited Acts Under Section

Section 110. Violation o Conservation o Biologic al Diversity

and Preservation o Heritage Items under SectionSection 111. Violation o Section




Section 115. Violation o Any Provision o This Code

Section 116. Repealing Clause

Section 117. Separability Clause

Section 118. Efectivity Clause


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inVeStment and inCentiVeS Code

aRtiCle i: title h oRdinanCe deClaRation

inVeStment poliCieSSection 1. Short Title

Section 2. Declaration o Investment Policies

aRtiCle ii: deinition teRmS

Section 3. Investment

Section 4. Investment Board

Section 5. Registered Enterprise

Section 6. Filipino InvestorSection 7. Foreign Investor

Section 8. Priority/Preerred Areas o Investments

Section 9. Pioneering Enterprise

Section 10. Processing

Section 11. Transer o Technology

Section 12. Expansion

Section 13. Nominal Valuation o the Philippine Peso

Section 14. Economic Internal Rate o Return (or EIRR)Section 15. Financial Internal Rate o Return (or FIRR)

Section 16. Trade Mission

aRtiCle iii: QualiiCationS appliCantS otHeR

teCHniCal ReQuiRementS

Section 17. Qualication Requirements o the Investment Board

Section 18. Compliance with Requirements o Applicable Laws

Section 19. Transer o Technology and Employment Requirements

aRtiCle iV: oRGaniZation

Section 20.The (LGU XXXX) Investment Board (SLIB)

Section 21. Composition o the Board

Section 22. Powers and Duties o the Chairman

Section 23. Powers and Duties o the Vic e-Chairman

Section 24. Powers and Functions o the Investment Board

Section 25. Annual Budgetary Appropriations

Section 26. Provincial Investment Promotions Ocer andOther Investment Board Personnel


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aRtiCle V: inVeStment inCentiVeS

Section 27. Exemption rom Business Taxes and Discount Period

Section 28. Extension Period

Section 29. Expanding Existing EnterpriseSection 30. Tax Incentives

aRtiCle Vi: pRioRitY/ pReeRRed aReaS

inVeStmentS

aRtiCle Vii: ReGiStRation

Section 31. Priority/Preerred Areas o Investments

Section 32. Determination o Additional Investment Areas

Section 33. Annual Registration Fee and Certicate o

Registration/Exemption

Section 34. Remittance o Annual Registration Fee

aRtiCle Viii: eXCeption non-tRanSeRaBilitY

inCentiVeS pRiVileGeS

Section 35. Exception

Section 36. Non-Transerability o Incentives and Privileges

aRtiCle iX: annual inSpeCtion RepoRtinG

Section 37. Annual Inspection

Section 38. Reporting

aRtiCle X: ViolationS penaltY

Section 39. Violations

Section 40. Penalty

aRtiCle Xi: miSCellaneouS pRoViSionS

Section 41. Publication o the Investment Code

Section 42. Public Dissemination o This Code

aRtiCle Xii: inal pRoViSionS

Section 43. Separability Clause

Section 44. Applicability Clause

Section 45. EfectivitySection 46. Disputes

Section 47. Amendments


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loCal ReVenue Code

CHapteR i. GeneRal pRoViSionSaRtiCle i: t h C, Sc, accr Ccs,

df trs

Section 1. Title o the Code

Section 2. Scope o Revenue-Raising and Taxing Authority

Section 3. Accrual o Collections

Section 4. Denition o Terms

CHapteR ii. tHe XXXX deVelopment autHoRitYaRtiCle ii: prry prvss

Section 5. Creation o the (LGU XXXX) Development Authority (DA)

Section 6. Composition o the (LGU XXXX) DA

Section 7. Powers and Duties o the Chairman

Section 8. Powers and Duties o the Vice-Chairman

aRtiCle iii: dcr prcv Rv-Grg pcs

pwrs cs h (lGu XXXX)dv ahry

Section 9. Declaration o Revenue-Generating Policies

Section 10. Powers and Functions o the (LGU XXXX)

Development Authority

Section 11. Secretariat Support

Section 12. Departments, Agencies, and Other Local Government Units

Section 13. Development o Recreation Forests

CHapteR iii. BuSineSS taXeS, eeS, peRmitS

ARTICLEIV:StartDateofImplementationofTaxesonBusiness

Section 13. Start Date o Implementation

ARTICLEV:TaxesonBusinessofPrintingandPublication

Section 14. Imposition o Tax

Section 15. Exemption

Section 16. Time o Payment

ARTICLEVI:FranchiseTax


Section 18. Business Enjoying a Franchise

Section 19. Determination o the Capital Investment



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ARTICLEVII:TaxonSand,Gravel,andOtherQuarryResources


Section 22. Issuance o Permit and Other Requirements

ARTICLEVIII:ProfessionalandOccupationalTax


Section 24. Administrative Requirements



ARTICLEIX:AmusementTax




Section 30. Penalties

Section 31. Administrative Requirements

ARTICLEX:AnnualFixedTaxforEveryDeliveryTruckor

V mcrrs r prcrs, drs,

Whsrs, r Rrs Cr prcs


ARTICLEXI:TaxonManufacturersorProducers,

Whsrs, drs, r Rrs


ARTICLEXII:TaxonContractors


ARTICLEXIII:TaxonBanksandOtherFinancialInstitutions


Section 36. Coverage

Section 37. Sites o the Tax

ARTICLEXIV:TaxonFinancingCompanies



ARTICLEXV:TaxonInsuranceCompanies




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Simpliied manual on CodiiCation: A Guidebook

simplified manual on codification: a guidebook on harmonization of local laws

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