HomeGovernmentThe City Government OfficesSecretary to the Sangguniang PanlungsodEnactment of Ordinance

Enactment of Ordinance

ENACTMENT OF ORDINANCE

PROCEDURES/STEPS:

         Section 1, Rule VIII of the Rules of Procedure of the Sangguniang Panlungsod   on Procedure for Ordinances, Resolutions and other legislative matters provides that “legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are ministerial or administrative in nature and of temporary character or matters relating to proprietory functions and to private concern shall be acted upon by resolutions.”

           Section 4,  also states that “Before an ordinance may be finally enacted, it shall undergo three (3) readings,”  to wit:

a. – First Reading,  which shall consist of the reading by the secretary of the title of the proposed ordinance and the name of its author/s  and shall be referred by the City Council to the appropriate Committee/s without debate.

b. – Second Reading,  at which the proposed ordinance, after having been sponsored on the floor by the Committee Chairman or by any Committee Member designated for the purpose, shall be read in full in the manner recommended by the Committee/s, whereon the motion shall be subject, first, to debate, and thereto amendments and all proper parliamentary motion.

When the validity of the ordinance or resolution mandatorily requires public hearing, the Sangguniang Panlungsod shall strictly adhere to the following procedures:

            After the draft ordinance or resolution shall have passed second reading, the Sangguniang Panlungsod shall cause the same to be published for three (3) consecutive days in a daily newspaper of local circulation, and shall post the same simultaneously  in at least four (4) conspicuous public places within  the  territorial jurisdiction of the City of Zamboanga;

            The Sangguniang Panlungsod shall also cause the sending of written notice of the ordinance, enclosing a copy thereof, to interested or affected parties,   Operating or doing business within the territorial jurisdiction of the City of Zamboanga;

            The notice shall specify the date and venue of the public hearing .  The initial public hearing shall be held    not earlier than ten (10) days from the sending out of notice, or at the last day of publication, or date of posting thereof whichever is later;

            During the public hearing to be conducted by the proper Committee, all affected or interested parties shall be accorded an opportunity to appear and present or express their views, comments and recommendations, and such public hearing shall continue until all issues shall have been obtained, whether for or against the enactment of the proposed tax or revenue measure;

            The Secretary to the Sangguniang Panlungsod shall prepare the minutes of such public hearing  and shall attach to the minutes the position papers, memoranda and the like, submitted by those who participated.  Exempted from this mandatory public hearing requirement in tax ordinance levying a community tax and providing for the collection thereof;

            The Committee that held the public hearing shall submit a report of the same to the Body which shall amend, modify, set aside or proceed with the draft ordinance.

c. – Third Reading,  at which no debate or amendment shall be allowed, but the title of the proposed    ordinance shall be read and the question upon its passage shall be immediately taken.

             In addition thereto,  Section 7 of the said Rule  provides that “no ordinance or resolution shall be considered on second reading in any regular session that has not been reported out by the proper Committee except those prepared and introduced by the Committee having proper jurisdiction over the subjects thereof and those certified as urgent by the Mayor.”

Approval of Ordinances 
           
            Pursuant to Section 54 of the Local Government Code and the Sangguniang Panlungsod  Rules of Procedures every ordinance enacted by the Sangguniang Panlungsod shall be presented to the City Mayor.  If the City Mayor 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 Sangguniang, which may proceed to reconsider the same.  The Sangguniang may override the veto of the City Mayor by  two thirds (2/3)  of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.  The veto shall be communicated by the City Mayor in writing to the Sangguniang within ten (10) days, otherwise, the ordinance shall be deemed approved as if he had signed it.

Effectivity of Ordinances
           
            Unless otherwise stated in the ordinance, 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 City Hall and in at least two (2) other conspicuous places.
           
            The Secretary to the Sangguniang shall cause the posting of an ordinance not later than five (5) days after approval.
           
             The text of the ordinance shall be disseminated and posted in the language or dialect understood by the majority of the people and the secretary to the Sangguniang shall record such fact in a book kept for the purpose, stating the dates of approval and posting.
           
             The main features of the ordinance shall, in addition to being posted, be published once in a local newspaper of general circulation within the city. In the case of tax ordinances or revenue measures, the same shall be published in full for three (3) consecutive days in a newspaper of local circulation.