Administrative Code and Lgu Code

ADMINISTRATIVE CODE three (3) months from that date shall not thereafter be the basis of any sanction
BOOK 1 against any party or persons.chanrobles virtual law library

Chapter 5
OPERATION AND EFFECT OF LAWS
BOOK 1 CHAPTER 8
Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen (15)
days following the completion of their publication in the Official Gazette or in a Sec. 31. Legal Periods. - "Year" shall be understood to be twelve calendar
newspaper of general circulation, unless it is otherwise provided. months; "month" of thirty days, unless it refers to a specific calendar month in
which case it shall be computed according to the number of days the specific
Sec. 24. Contents. - There shall be published in the Official Gazette all month contains; "day," to a day of twenty-four hours; and "night," from sunset
legislative acts and resolutions of a public nature; all executive and to sunrise.chan
administrative issuances of general application; decisions or abstracts of
decisions of the Supreme Court and the Court of Appeals, or other courts of BOOK 1 CHAPTER 7
similar rank, as may be deemed by said courts of sufficient importance to be so
published; such documents or classes of documents as may be required so to be Sec. 28. Pretermission of Holiday. - Where the day, or the last day, for doing any act
published by law; and such documents or classes of documents as the President required or permitted by law falls on a regular holiday or special day, the act may be
shall determine from time to time to have general application or which he may done on the next succeeding business day.chanrobles virtual law library
authorize so to be published.chanrobles virtual law library
LOCAL GOVT CODE
The publication of any law, resolution or other official documents in the
Official Gazette shall be prima facie evidence of its authority. SECTION 54. Approval of Ordinances. - (a) Every ordinance enacted by the
Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang bayan shall
Sec. 25. Editing and Publications. - The Official Gazette shall be edited in the be presented to the provincial governor or city or municipal mayor, as the case may
Office of the President and published weekly in Pilipino or in the English be. If the local chief executive concerned approves the same, he shall affix his
language. It shall be sold and distributed by the National Printing Office which signature on each and every page thereof; otherwise, he shall veto it and return the
shall promptly mail copies thereof to subscribers free of postage. same with his objections to the Sanggunian, which may proceed to reconsider the
same. The Sanggunian concerned may override the veto of the local chief executive
by two-thirds (2/3) vote of all its members, thereby making the ordinance or
BOOK 7
resolution effective for all legal intents and purposes. (b) The veto shall be
communicated by the local chief executive concerned to the Sanggunian within
Chapter 1 fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a
GENERAL PROVISIONS municipality; otherwise, the ordinance shall be deemed approved as if he had signed
it. (c) ordinances enacted by the Sangguniang Barangay shall, upon approval by the
Sec. 1. Scope. - This Book shall be applicable to all agencies as defined in the majority of all its members, be signed by the Punong Barangay.
next succeeding section, except the Congress, the Judiciary, the Constitutional
SECTION 55. Veto Power of the Local Chief Executive. - (a) The local chief
Commissions, military establishments in all matters relating exclusively to
executive may veto any ordinance of the Sangguniang Panlalawigan, Sangguniang
Armed Forces personnel, the Board of Pardons and Parole, and state
Panlungsod, or Sangguniang bayan on the ground that it is ultra vires or prejudicial
universities and colleges.chanrobles virtual law library
to the public welfare, stating his reasons therefor in writing.
31
Chapter 2 (b) The local chief executive, except the Punong Barangay, shall have the power to
RULES AND REGULATIONS veto any particular item or items of an appropriations ordinance, an ordinance or
resolution adopting a local development plan and public investment program, or an
Sec. 3. Filing. - (1) Every agency shall file with the University of the ordinance directing the payment of money or creating liability. In such a case, the
Philippines Law Center three (3) certified copies of every rule adopted by it. veto shall not affect the item or items which are not objected to. The vetoed item or
Rules in force on the date of effectivity of this Code which are not filed within items shall not take effect unless the Sanggunian overrides the veto in the manner
herein provided; otherwise, the item or items in the appropriations ordinance of the plan and public investment program, after the disapproval thereof, shall be sufficient
previous year corresponding to those vetoed, if any, shall be deemed reenacted. (c) ground for the suspension or dismissal of the official or employee concerned.
The local chief executive may veto an ordinance or resolution only once. The
Sanggunian may override the veto of the local chief executive concerned by two- SECTION 59. Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated
thirds (2/3) vote of all its members, thereby making the ordinance effective even in the ordinance or the resolution approving the local development plan and public
without the approval of the local chief executive concerned. investment program, 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 provincial capitol or
SECTION 56. Review of Component City and Municipal Ordinances or city, municipal, or Barangay hall, as the case may be, and in at least two (2) other
Resolutions by the Sangguniang Panlalawigan. - (a) Within three (3) days after conspicuous places in the local government unit concerned. (b) The secretary to the
approval, the secretary to the Sanggunian Panlungsod or Sangguniang bayan shall Sanggunian concerned shall cause the posting of an ordinance or resolution in the
forward to the Sangguniang Panlalawigan for review, copies of approved ordinances bulletin board at the entrance of the provincial capitol and the city, municipal, or
and the resolutions approving the local development plans and public investment Barangay hall in at least two (2) conspicuous places in the local government unit
programs formulated by the local development councils. (b) Within thirty (30) days concerned not later than five (5) days after approval thereof. The text of the
after receipt of copies of such ordinances and resolutions, the Sangguniang ordinance or resolution shall be disseminated and posted in Filipino or English and in
Panlalawigan shall examine the documents or transmit them to the provincial the language or dialect understood by the majority of the people in the local
attorney, or if there be none, to the provincial prosecutor for prompt examination. government unit concerned, and the secretary to the Sanggunian shall record such
The provincial attorney or provincial prosecutor shall, within a period of ten (10) fact in a book kept for the purpose, stating the dates of approval and posting.
days from receipt of the documents, inform the Sangguniang Panlalawigan in writing
of his comments or recommendations, which may be considered by the Sangguniang (c) The gist of all ordinances with penal sanctions shall be published in a newspaper
Panlalawigan in making its decision. (c) If the Sangguniang Panlalawigan finds of general circulation within the province where the local legislative body concerned
that such an ordinance or resolution is beyond the power conferred upon the belongs. In the absence of any newspaper of general circulation within the province,
Sangguniang Panlungsod or Sangguniang bayan concerned, it shall declare such posting of such ordinances shall be made in all municipalities and cities of the
ordinance or resolution invalid in whole or in part. The Sangguniang Panlalawigan province where the Sanggunian of origin is situated. (d) In the case of highly
shall enter its action in the minutes and shall advise the corresponding city or urbanized cities, the main features of the ordinance or resolution duly enacted or
municipal authorities of the action it has taken. (d) If no action has been taken by adopted shall, in addition to being posted, be published once in a local newspaper of
the Sangguniang Panlalawigan within thirty (30) days after submission of such an general circulation within the city: Provided, That in the absence thereof the
ordinance or resolution, the same shall be presumed consistent with law and ordinance or resolution shall be published in any newspaper of general circulation.
therefore valid.
SECTION 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or

Sangguniang Bayan. - (a) Within ten (10) days after its enactment, the Sangguniang
Barangay shall furnish copies of all Barangay ordinances to the Sangguniang
Panlungsod or Sangguniang bayan concerned for review as to whether the ordinance
is consistent with law and city or municipal ordinances. (b) If the Sangguniang
Panlungsod or Sangguniang bayan, as the case may be, fails to take action on
Barangay ordinances within thirty (30) days from receipt thereof, the same shall be
deemed approved. (c) If the Sangguniang Panlungsod or Sangguniang bayan, as the
case may be, finds the Barangay ordinances inconsistent with law or city or
municipal ordinances, the Sanggunian concerned shall, within thirty (30) days from
receipt thereof, return the same with its comments and recommendations to the
Sangguniang Barangay concerned for adjustment, amendment, or modification; in
which case, the effectivity of the Barangay ordinance is suspended until such time as
the revision called for is effected.
SECTION 58. Enforcement of Disapproved ordinances or Resolutions. - Any

attempt to enforce any ordinance or any resolution approving the local development

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ADMINISTRATIVE CODE three (3) months from that date shall not thereafter be the basis of any sanction

BOOK 1 against any party or persons.chanrobles virtual law library

SECTION 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or

SECTION 58. Enforcement of Disapproved ordinances or Resolutions. - Any

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