| SUBJECT: The Difference between ‘Ordinance’ and ‘Resolution’ (LGU) |
I. Introduction
This memorandum provides an exhaustive analysis of the distinction between an ordinance and a resolution as enacted by Local Government Units (LGUs) under Philippine law. The differentiation is fundamental to local legislation, governance, and administrative law, as each instrument carries distinct legal character, purpose, procedure, and effect. Confusion between the two can lead to procedural infirmities, legal challenges, and operational inefficiencies. This research will delineate their definitions, legal bases, substantive and procedural requirements, and ultimate legal effects, with reference to the Local Government Code of 1991 (Republic Act No. 7160), pertinent jurisprudence, and established legal doctrine.
II. Definition and Essential Character
An ordinance is a local law, rule, or statute prescribed by the sanggunian of an LGU. It is a legislative act of general and permanent character, intended to govern conduct within the LGU’s territorial jurisdiction. Its essence is that of a municipal statute, creating, defining, or regulating rights, imposing duties, or declaring policies that apply to the community at large or a class of individuals.
A resolution, in contrast, is a formal expression of the opinion, sentiment, or will of the sanggunian. It is typically of temporary character, dealing with matters of a special or temporary nature. It is primarily an instrument for the exercise of the sanggunian’s administrative, proprietary, or ministerial functions, or for stating a position on a particular issue, rather than for enacting a general law.
III. Primary Legal Basis: The Local Government Code
The principal source of authority and procedure for local legislation is the Local Government Code of 1991 (LGC). While the LGC uses both terms throughout, it implicitly and explicitly distinguishes their applications.
* Section 48, Article X of the 1987 Constitution mandates that “[t]he President of the Philippines shall exercise general supervision over local governments.”
The LGC, particularly Book I (Title One: Basic Principles; Title Two: Elective Officials) and Book III (Local Government Units), operationalizes this constitutional principle. The specific lawmaking process, including the requirements for ordinances, is detailed in Sections 52, 54, and 55 of the LGC. The process for resolutions is governed by the internal rules of the sanggunian, subject to the general provisions of the LGC and the Local Government Code’s* implementing rules and regulations.
IV. Substantive Purpose and Subject Matter
The subject matter of an ordinance is legislative in nature. It includes, but is not limited to: imposing taxes, fees, and charges; granting franchises and permits; approving the annual budget; enacting a zoning ordinance; promulgating a local tax ordinance; and regulating activities affecting public health, safety, morals, and welfare (the police power of the LGU).
A resolution typically addresses matters that are administrative, proprietary, or ceremonial. Examples include: adopting the internal rules of procedure of the sanggunian; expressing congratulations or condolences; authorizing the Local Chief Executive (LCE) to enter into a specific contract on behalf of the LGU; approving the minutes of a previous session; creating a special committee; or requesting assistance from a national agency. It may also be used to enact the annual budget (as an appropriation ordinance) and the development plan, which, despite their annual nature, are considered ordinances due to their substantive legislative impact.
V. Procedural Requirements for Enactment
The procedure for enacting an ordinance is more rigorous and formal, as prescribed by the LGC. Key steps include:
The procedure for a resolution is generally less formal and governed by the sanggunian’s internal rules. It is not subject to the three reading rule unless the internal rules so provide. It is typically not presented to the LCE for approval, as it is an act of the sanggunian alone, unless it involves an action requiring LCE concurrence (e.g., certain contracts). It does not require publication or posting to be effective, unless it is used to adopt a legislative act like the budget.
VI. Form, Duration, and Legal Effect
An ordinance is permanent in character and remains in force until repealed, amended, or declared invalid. It has the force and effect of a law within the LGU’s territory. It can create binding rights and obligations, impose penalties, and regulate behavior. Violation of a valid ordinance with a penal clause can lead to prosecution and punishment.
A resolution is generally temporary and expires once its purpose is accomplished (e.g., a resolution authorizing travel). Its legal effect is limited to the internal operations of the LGU or to the specific, often one-time, transaction or expression it addresses. It does not, by itself, create a general rule of conduct for the public. It is not a “law” but an act of the deliberative body.
VII. Comparative Analysis Table
| Aspect | Ordinance | Resolution |
|---|---|---|
| Nature | Legislative act; a local law. | Administrative, ministerial, or declaratory act. |
| Character | General, permanent, and binding. | Specific, temporary, and expressive. |
| Purpose | To prescribe a rule of conduct, impose a duty, or declare a policy of general application. | To express sentiment, opinion, or will; to govern internal affairs; to authorize specific acts. |
| Subject Matter | Taxation, police power, local development, zoning, granting franchises, annual budget. | Internal rules, ceremonial matters, contracts, requests, committee creation, approval of minutes. |
| Procedure | Formal: Three reading rule, LCE approval/veto, publication/posting for penal ordinances. | Less formal: Governed by internal rules; no three reading rule or LCE approval typically required. |
| Approval | Requires LCE approval, or override of veto. | Does not require LCE approval (generally an act of the sanggunian alone). |
| Publication | Required for those with penal sanctions. | Not required. |
| Duration | Permanent until repealed. | Temporary; ceases upon accomplishment of purpose. |
| Legal Effect | Has the force of law; creates rights/duties; can impose penalties. | Limited effect; does not create general public law; binds the LGU internally. |
| Example | “An Ordinance Enacting the Revenue Code of the Municipality of X.” | “A Resolution Congratulating the Municipal Basketball Team for Winning the Provincial Championship.” |
VIII. Jurisprudential Clarifications
The Supreme Court has consistently upheld the distinction. In Magtajas v. Pryce Properties Corp., Inc., the Court emphasized that an ordinance is a law with a general application. In City of Manila v. Laguio, it reiterated that the police power of LGUs is exercised through ordinances. Conversely, in Province of Cebu v. Hon. Intermediate Appellate Court, the Court distinguished acts of a legislative character (ordinances) from those of an administrative character (resolutions), noting that the latter do not have the imprint of a law.
IX. Common Areas of Confusion and Practical Implications
Confusion often arises in areas where a resolution is used for a significant action, such as approving a contract or adopting a plan. The key is to examine substance over form. If the act establishes a general rule or policy, it should be an ordinance. Using a resolution for a legislative act can render the action ultra vires or void. Practically, this distinction affects: 1) the validity of local measures, 2) the rights of citizens who may be bound or penalized, 3) the review power of higher sanggunian and courts, and 4) the LCE’s veto power.
X. Conclusion
The difference between an ordinance and a resolution is rooted in their nature, purpose, and procedure. An ordinance is the LGU’s primary tool for local lawmaking-a general, permanent legislative act enacted through a formal process, requiring executive approval, and possessing the force of law. A resolution is an instrument for the sanggunian’s administrative, proprietary, or expressive functions-specific, temporary, and not subject to the same rigorous formalities. Adherence to this distinction is crucial for the valid exercise of local autonomy, the protection of constituent rights, and the orderly administration of local governance under the Local Government Code of 1991. Legal practitioners and local legislators must scrutinize the substantive intent of a proposed measure to determine the correct form to employ.
