Enacting city/municipal ordinances

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Enacting city/municipal ordinances

Topic |  
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jayby Atty. Jay I. Dejaresco

Essentially, this is the process of enacting a city or municipal ordinance.

First is the filing of bills. This is the introduction of proposed ordinances.

It can come from an idea from a sanggunian member, a suggestion from constituents or in response to a current need.

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After filing the bill is calendared for First Reading  in the succeeding session.

First Reading means the proposed ordinance is read and referred to the

appropriate committee.

After the first reading,  the bill will be referred to the appropriate committee. The committee then conducts hearings  on  the proposed measure.

The proposed ordinances are deliberated, discussed, introduction of amendments, preparation of a committee report .

If it is a tax ordinance or revenue measure, public hearings are mandatory

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Thereafter, the proposed ordinance will be calendared for second reading.        This is the portion whether the proposed ordinance is debated by the sanggunian (reading , sponsorship, interpellation), period of amendments, and approval.

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Thereafter the proposal will be referred to the Third Reading .

This is the stage of distribution in printed form of the bill after insertions of amendments, revisions, changes.

This will be followed by the  approval through roll call vote

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In the Congress, the reading of the bills has to be done on separate days, not the same day.

There is no such requirement in matters of enacting ordinances.

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But matter such as these are governed by the internal rules of procedure adopted by the sanggunian.

Upon approval by the sanggunian,  the ordinance is brought to the mayor for signing and approval.

Unlike a barangay ordinance the signing by the mayor not a ministerial function but discretionary.

Within three (3) days from approval, the secretary of the sanggunian forwards the ordinance to the Sanggunian Panlalawigan for review.

Within thirty (30) days from receipt, the Sanggunain Panlalawigan examines the documents, or transmit them to the provincial attorney.

Within ten (10) days, the provincial attorney  shall inform the Sanggunian Panlalawigan of his comments on the measure.

If no action has been taken by the Sanggunian Panlalawigan within thirty (30) days after submission, such ordinance or resolution  shall be presumed valid.

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