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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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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Simpliied manual on CodiiCation:A Guidebook on Harmonization o Local Laws
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
Department o the Interior and Local Government (DILG)
Message
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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
Department o the Interior and Local Government (DILG)
Region VI
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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
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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.
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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
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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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4 Simpliied manual on CodiiCation:A Guidebook on Harmonization o Local Laws
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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Simpliied manual on CodiiCation: A Guidebook on Harmonization o Local Laws 5
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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6 Simpliied manual on CodiiCation:A Guidebook on Harmonization o Local Laws
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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10 Simpliied manual on CodiiCation:A Guidebook on Harmonization o Local Laws
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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12 Simpliied manual on CodiiCation:A Guidebook on Harmonization o Local Laws
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)
- Section 455 and 458
(cities)
- Section 465 and 468
(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 19. Scope o Powers
Section 20. Governing Laws
Section 21. Operative Principles
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 27. Scope o Powers
Section 28. Governing Laws
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
Section 40. Prohibited and Punishable Acts
aRtiCle Vi: eColoGiCal Solid WaSte manaGement
Section 41. Scope o Powers
Section 42. Governing Laws
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 51. Operative Principles
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
Section 60. Prohibited and Punishable Acts
aRtiCle Viii: aiR QualitY manaGement
Section 61. Scope o Powers
Section 62. Governing Laws
Section 63. Operative Principles
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 70. Scope o Powers
Section 71. Governing Laws
Section 72. Operative Principles
Section 73. Community-Based Ecotourism
Section 74. Environmental StandardsSection 75. Sensitive Areas
aRtiCle X: enViRonmental impaCt aSSeSSment
Section 76. Scope o Powers
Section 77. Governing Laws
Section 78. Operative Principles
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 90. Scope o Powers
Section 91. Governing Laws
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 107. 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 112. Violation o Section
Section 113. Violation o Section
Section 114. 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 17. Imposition o Tax
Section 18. Business Enjoying a Franchise
Section 19. Determination o the Capital Investment
Section 20. Time o Payment
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ARTICLEVII:TaxonSand,Gravel,andOtherQuarryResources
Section 21. Imposition o Tax
Section 22. Issuance o Permit and Other Requirements
ARTICLEVIII:ProfessionalandOccupationalTax
Section 23. Imposition o Tax
Section 24. Administrative Requirements
Section 25. Exemption
Section 26. Time o Payment
ARTICLEIX:AmusementTax
Section 27. Imposition o Tax
Section 28. Exemption
Section 29. Time o Payment
Section 30. Penalties
Section 31. Administrative Requirements
ARTICLEX:AnnualFixedTaxforEveryDeliveryTruckor
V mcrrs r prcrs, drs,
Whsrs, r Rrs Cr prcs
Section 32. Imposition o Tax
ARTICLEXI:TaxonManufacturersorProducers,
Whsrs, drs, r Rrs
Section 33. Imposition o Tax
ARTICLEXII:TaxonContractors
Section 34. Imposition o Tax
ARTICLEXIII:TaxonBanksandOtherFinancialInstitutions
Section 35. Imposition o Tax
Section 36. Coverage
Section 37. Sites o the Tax
ARTICLEXIV:TaxonFinancingCompanies
Section 38. Imposition o Tax
Section 39. Coverage
ARTICLEXV:TaxonInsuranceCompanies
Section 40. Imposition o Tax
Section 41. Coverage
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