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    Demand-Letter Rjbs Enterprises

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    ElijahBactol
    The document provides a legal opinion on a proposed ordinance from the municipality of Aliaga, Nueva Ecija. The ordinance seeks to establish a debate competition for junior and senior high school students and provide prizes. The legal officer analyzes the authority of local governments to pass ordinances promoting general welfare. While local governments have broad powers, ordinances must conform to the constitution, not be unreasonable or discriminatory, and pass the Supreme Court's test of validity. The officer ultimately opines that the proposed ordinance appears to have a valid purpose but its specific provisions would need further review to ensure compliance with these standards.

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    © All Rights Reserved
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    Demand-Letter Rjbs Enterprises

    Uploaded by

    ElijahBactol
    44 views2 pages
    The document provides a legal opinion on a proposed ordinance from the municipality of Aliaga, Nueva Ecija. The ordinance seeks to establish a debate competition for junior and senior high school students and provide prizes. The legal officer analyzes the authority of local governments to pass ordinances promoting general welfare. While local governments have broad powers, ordinances must conform to the constitution, not be unreasonable or discriminatory, and pass the Supreme Court's test of validity. The officer ultimately opines that the proposed ordinance appears to have a valid purpose but its specific provisions would need further review to ensure compliance with these standards.

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    Demand-letter Rjbs Enterprises

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    The document provides a legal opinion on a proposed ordinance from the municipality of Aliaga, Nueva Ecija. The ordinance seeks to establish a debate competition for junior and senior high school students and provide prizes. The legal officer analyzes the authority of local governments to pass ordinances promoting general welfare. While local governments have broad powers, ordinances must conform to the constitution, not be unreasonable or discriminatory, and pass the Supreme Court's test of validity. The officer ultimately opines that the proposed ordinance appears to have a valid purpose but its specific provisions would need further review to ensure compliance with these standards.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views2 pages

    Demand-Letter Rjbs Enterprises

    Uploaded by

    ElijahBactol
    The document provides a legal opinion on a proposed ordinance from the municipality of Aliaga, Nueva Ecija. The ordinance seeks to establish a debate competition for junior and senior high school students and provide prizes. The legal officer analyzes the authority of local governments to pass ordinances promoting general welfare. While local governments have broad powers, ordinances must conform to the constitution, not be unreasonable or discriminatory, and pass the Supreme Court's test of validity. The officer ultimately opines that the proposed ordinance appears to have a valid purpose but its specific provisions would need further review to ensure compliance with these standards.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republika ng Pilipinas

    LALAWIGAN NG NUEVA ECIJA


    Lungsod ng Palayan
    - o oOo o -

    TANGGAPAN NG PANLALAWIGANG PAMBATAS


    (Provincial Legal Office)

    January 10, 2023.

    RE: LEGAL OPINION ON


    ORDINANCE NO. 27 SERIES OF 2022

    This has reference to your letter which we received on 20 December 2022, re-
    questing the Department’s legal opinion concerning the proposed ordinance of the
    Municipality of Aliaga, Nueva Ecija, entitled “AN ORDINANCE ESTABLISHING
    THE WINNING ARGUMENT DEBATE-JUNIOR AND SENIOR HIGH SCHOOL
    EDITION, AUTHORIZING THE MUNICIPAL VICE MAYOR AND PRESIDING
    OFFICER TO GRANT REWARDS AND PRIZES SUBJECT TO ACCOUNTING AND
    AUDITING RULES AND PROCEDURES, APPROPRIATING FUNDS, AND PRO-
    VIVDING THE GUDIELINES THEREOF”.

    Perusal of herein subject proposed Ordinance in question, it can be gleaned


    that the same seeks promote the general welfare of its people particularly those of
    the senior high school students of the said municipality. The whereas clause thereof
    essentially state the reason d’etre of its enactment:
    1. Section 4. Slop limitation- areas or portions thereof to be contracted by
    Large Scale Agri- industrial plantations for….. and commercial crop not
    exceeding 15% slope gradient shall not be utilized for production pur-
    poses. This area (s) may however be used as buffer zones for environmen-
    tal impact mitigation purposes. Forest Fruit and Commercial Tree Planta-
    tions will be allowed in areas with slope gradiet above 15%

    Existing areas or portions which has a lope gradient greater than 15% should
    not be recultivated 5 years after the effectivity of this ordinance
    2. Section 11. Ban on Aerial Spraying- a ban on aerial spraying as an agricul-
    tural practice in all agricultural entities shall be strictly enforced in the ter-
    ritorial jurisdiction of Malaybalay City immediately after the effectivity of
    this Ordinance;
    3. Section 12. Non-Conversion of Irrigated and Irrigable Areas- To ensure
    rice sufficiency, conversion of irrigated and irrigable area to Large Scale
    Agri-Industrial Plantations is prohibited.
    Upon the foregoing premises, the Filipino Banana Growers and Exporters Associa-
    tion, Inc. (PGBEA) manifested its opposition thereto in its letter addressed to the
    concerned Sanguniang Panlunsod on the grounds, inter alia, that the subject pro-
    posed slope limitation are not grounded on actual farm practices; that the ban on
    aerial spraying is unconstitutional; that the closure of agricultural plantations on ir-
    rigated/irrigable farm lands is tantamount to unlawful taking; and that the Corpo-
    rate Social Responsibility (CSR) activities must not be made mandatory;
    In essence, is it this Department’s understanding that ultimately, herein issue
    hinges on the validity and legality of the propsed ordinance.
    Foremost, Local Government Units (LGU’s) like the Sanguniang Panlunsod of
    … are vested by the Local Government Code of the power to legislate for the general
    welfare of their constituents. Section 458 (a) of the Code provides, viz;
    The Sanguniang panlunsod, as the legislative body of the city shall enact ordi-
    nances, approve resolutions and appropriate funds for the general welfare of the city
    and its inhabitants pursuant to section 16 of this Code and in the proper exercise of
    the corporate powers of the city as provided for under Section 22 of this Code
    Section 16 of the Code provides that:
    “Every local government unit shall exercise the power expressly granted, those nec-
    essarily implied therefrom, as well as powers necessary, appropriate, or incidental
    for its efficient and effective governance, and those which are essential to the promo-
    tion of general welfare. Within their respective territorial jurisdictions, local govern-
    ment units shall ensure and support, among other things, the preservation and en-
    richment of culture, promote health and safety, enhance the right of the people to a
    balanced ecology, encourgage and support the development of appropriate and self-
    reliant scientific and technological capabilities, improve public morals, enhance eco-
    nomic prosperity and social justice, promote full employment among their residents,
    maintain peace and order, and presereve the comfort and convenience of their in-
    habitants.”

    Accordingly, we opine that herein concerned Sangunianang Panlungsod has


    the authority to enact an ordinance that seeks to protect the health and well-being of
    its constituents. It bears stressing, however, that an ordinance enacted by virtue of
    the general welfare clause is valid, unless it contravenes the fundamental law of the
    Phlippine Islands, or an Act of the Philippine Legislature, or unless it is against pub-
    lic policy, or is unreasonable, oppressive, partial, discriminating, or in derogation of
    common right.” In De La Cruz vs. Paraz, we laid the general rule “that ordinances
    passed by virtue of the implied power found in the general welfare clause must be
    reasonable, consonant with the general powers and purposes of the corporation, and
    not inconsistent with the laws or policy of the State.

    To address the issue on the legality and validity of herein subject proposed
    Ordinance, please be apprised that the Supreme Court (SC) had established a test in
    determining the validity and constitutionality of a local ordiance. In the case of City
    of Manila vs. Laguio, Jr. (GR No. 118127) the Sc had eludidated the same, thusly:

    “xxx for an ordinance to be valid, it must not only be within the corporate
    powers of the local government unit to enact and must be passed according to the
    procedure prescribed by law, it must also conform to the following substantive re-
    quirements: (1) must not contravene the Consitution or any Statute; (2) must not b
    unfair or oppressive; (3) must not be partial or discriminatory’ (4) must not prohibit
    but may regulate trade; (5) must be general and consistent with public policy; and
    (6) must not be unreasonable.

    Anent the first criterion, ordinances shall only be valid when they are not contrary to
    the Consitution and to the Laws. The Ordinance must satisfy two requirements: it
    must pass muster under the test of constitutionality and the test of consistency with
    the prevailing laws. That ordinances shold be consitituional uphld the principle of
    the Supremacy of the Constitution. The requirement that the enactment must no vio

    Sincerely,

    ATTY. ELIJAH B. BACTOL


    Legal Officer II

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