The Difference between ‘Ordinance’ and ‘Resolution’
| SUBJECT: The Difference between ‘Ordinance’ and ‘Resolution’ |
I. Introduction
This memorandum provides an exhaustive analysis of the distinction between an ordinance and a resolution within the framework of Philippine political law and local government. The differentiation is not merely semantic but carries significant legal implications concerning the nature, purpose, effect, and procedure for enactment of these two legislative instruments. A clear understanding of the distinction is crucial for local legislators, executives, legal practitioners, and the general public to ensure the proper exercise of local legislative power and the validity of local government actions.
II. Legal and Constitutional Foundations
The power of local government units to enact local legislation is derived from the Constitution and the Local Government Code of 1991 (Republic Act No. 7160). Section 3, Article X of the Constitution mandates that Congress shall enact a local government code which provides for a more responsive and accountable local government structure. This is operationalized through the Local Government Code, which is the primary statute governing the powers of sanggunians (local legislative bodies). The Code explicitly grants legislative powers to sanggunians and delineates the scope and limitations of such powers, including the authority to enact ordinances and issue resolutions.
III. Definition and Nature of an Ordinance
An ordinance is a local law, rule, or statute enacted by the sanggunian of a local government unit. It is a legislative act of a general and permanent character. Its primary characteristics include: (1) It prescribes a permanent rule of conduct or government; (2) It has the force and effect of law within the territorial jurisdiction of the enacting local government unit; (3) It is subject to specific procedural requirements for enactment, including publication and posting for effectiveness; and (4) It generally regulates conduct, imposes penalties, levies taxes and fees, appropriates local funds for specific projects, and establishes long-term policies. An ordinance is the most formal and authoritative legislative act of a sanggunian.
IV. Definition and Nature of a Resolution
A resolution is a formal expression of the opinion, sentiment, or will of the sanggunian. It is a legislative act of a temporary or incidental character. Its primary characteristics include: (1) It deals with matters of a temporary or administrative nature; (2) It serves as a vehicle for expressing the collective sentiment of the sanggunian on a particular issue; (3) It is used to initiate, authorize, or ratify specific, singular acts of the local government (e.g., approving contracts, expressing condolences, requesting national agency action); and (4) It does not have the permanence or general applicability of an ordinance. A resolution is often the means through which the sanggunian exercises its corporate powers.
V. Purpose and Subject Matter
The fundamental difference lies in their purpose. An ordinance is enacted to govern conduct and establish binding, continuing rules. Common subjects include tax ordinances, zoning regulations, traffic rules, garbage collection fees, and the annual budget (as an appropriation ordinance). A resolution, conversely, is adopted to accomplish a specific, often immediate, purpose or to declare a position. Common subjects include resolutions approving the minutes of a session, authorizing the local chief executive to sign a contract, expressing support for a national policy, naming a public building, or granting honorary citizenship.
VI. Legal Effects and Enforceability
An ordinance, once duly enacted and published, has the force and effect of a statute within the local jurisdiction. It creates binding legal obligations, grants rights, and may impose penal sanctions for violations. It can be the basis for criminal or administrative complaints. A resolution typically does not create a binding law for the general public. Its legal effect is usually internal to the local government unit, directing or authorizing a specific act of the local administration. It is generally not enforceable against the public at large in the same manner as an ordinance. However, a resolution that approves a contract or authorizes expenditure has legal effect on the parties involved.
VII. Comparative Table of Key Distinctions
| Aspect of Distinction | Ordinance | Resolution |
|---|---|---|
| Nature & Character | A local law of a general and permanent character. | A formal expression of sentiment, opinion, or will of a temporary or incidental character. |
| Purpose | To establish a binding rule of conduct, a continuing policy, or a permanent measure. | To accomplish a specific, singular purpose, initiate action, or declare a position. |
| Legal Effect | Has the force and effect of law; binding on all persons within the LGU’s jurisdiction. | Generally binding only on the LGU itself or its officials regarding the specific act authorized; not a general law. |
| Subject Matter | Taxation, police power (regulation), eminent domain, appropriation of funds for recurring purposes, general local policies. | Internal housekeeping, approval of contracts, expressions of courtesy, requests to other agencies, authorization of specific, one-time acts. |
| Duration | Permanent until repealed or amended. | Temporary; its effect is often exhausted once its specific purpose is achieved. |
| Requirement of Publication/Posting | Must be posted in prominent places and published in a newspaper of general circulation (or a bulletin board if no newspaper) to be effective. | No publication or posting for effectiveness is generally required, unless it pertains to matters like the local budget or tax ordinances where the Code specifically requires it. |
| Veto Power of LCE | Subject to the veto power of the Local Chief Executive (LCE). The sanggunian may override the veto with a 2/3 vote of all its members. | Not subject to the veto power of the LCE. It is presented to the LCE for notation only. |
| Formal Requirements for Passage | Requires three readings on three separate days (with exceptions), and final voting. | May be passed on the same day it is introduced, often requiring only one reading. |
VIII. Procedural Requirements for Enactment
The Local Government Code prescribes more rigorous procedures for ordinances. As noted, an ordinance typically requires three separate readings on three separate days. The sanggunian may, by a majority vote, suspend this rule for a second and third reading in case of a public calamity or emergency. After passage, it is presented to the Local Chief Executive for approval. If the LCE vetoes it, the sanggunian may override the veto. Finally, the approved ordinance must be posted and published. For resolutions, the procedure is less formal. They are not subject to the three-reading rule unless the sanggunian’s internal rules provide otherwise. They are not veto-able but are merely forwarded to the LCE for notation.
IX. Judicial Review and Challenges
Both ordinances and resolutions are subject to judicial review. An ordinance may be challenged for being ultra vires (beyond the powers granted to the LGU), for being contrary to law or the Constitution, or for being unreasonable or oppressive in the exercise of police power. A resolution may also be challenged, typically on grounds that the sanggunian acted beyond its authority (ultra vires) in issuing it, or that it was used to circumvent the more stringent requirements for an ordinance (e.g., attempting to impose a tax or a general regulation via a resolution). The courts will look at the substance, not merely the title, to determine the true nature of the legislative act.
X. Conclusion
In summary, the distinction between an ordinance and a resolution is foundational in local legislative practice. An ordinance is a permanent, general law with the force of statute, governing public conduct and subject to strict procedural safeguards including publication and executive veto. A resolution is a temporary, specific instrument expressing the will of the sanggunian for a particular purpose, with internal legal effect and minimal procedural formality. Mislabeling or using one in lieu of the other to avoid procedural requirements can render the action invalid. Correct classification is therefore essential for the valid and effective exercise of local legislative power under the Local Government Code of 1991.