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DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT
HON. GILBERT S. LABANG
Member, Sangguniang Panlungsod of Tuguegarao
Room 314, 3" Floor City Hall Building, Regional Center
Carig Sur, Tuguegarao City
Dear Councilor Labang:
Greetings!
‘This pertains to your letter seeking the Department's legal opinion anent the request of
Mayor Jefferson P. Soriano of Tuguegarao City for the passage of a City Resolution designating
one of the two buses of the city to be used during funerals upon requests.
In relation thereto, you pose the following queries, to wit:
4, Whether the city government may allow the utilization of government vehicles for
private persons or entities for funerals upon request of the bereaved family?
2. Whether the city government may be sued for allowing the government vehicles to be
used for funerals upon request?
3, Whether Administrative Order No. 239 and Section 36 of the local Government Code
of 1991 are inconsistent?
4. Whether the Administrative Order is supreme over Republic Act No. 7160?
Please allow us first to deal with the third query. In reply thereto, please note that Section
436 of the Local Government Code has a subtitle “Assistance to People’s and Non-governmental
Organizations". The said section contemplates of the power of the local government units to
provide assistance, financial or otherwise, to such people and non-governmental organizations
for economic, socially-oriented, environmental, or cultural projects to be implemented within its
territorial jurisdiction. Clearly, the purpose why the City Mayor requested for the passage of the
subject resolution is not within the contemplation of Section 36. Therefore, Section 36 has no
bearing to the query.
(On the other hand, Administrative Order No. 239 pertains to the rules, regulations, and
prohibitions in the use of government vehicles. Certainly, Section 36 of the Local Government
Code of 1991 and Administrative Order No. 239 are not inconsistent with each other as in fact,
they deal on separate and distinct subject matters,In reply to the first query, a reiteration of Section 16 of the Local Government Code of
1991 becomes imperative, thus;
Section 16. General Welfare. - Every local government unit shall exercise the
powers expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance, and
those which are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure and support,
‘among other things, the preservation and enrichment of culture, promote health
‘and safety, enhance the right of the people to a balanced ecology, encourage and
‘support the development of appropriate and self-reliant scientific and technological
capabilities, improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain peace and order,
and preserve the comfort and convenience of their inhabitants.
Please note that among the several obligations and mandates of every local government
unit are (a) preservation and enrichment of culture, and (b) preserve the comfort and convenience
of their inhabitants. With that in mind, the buses owned by the city were purchased to address
situations where mass transport is needed or necessary for its constituents. Hence, the use of
the bus by the public befitting to the purpose for which it was purchased/obtained is proper.
At this point, a discussion of AO 239 is relevant. It is noted that Section 1 thereof in part
provides that all government agencies and offices are prohibited from using government vehicles
for purposes other than official business. It bears stressing that pursuant to the local autonomy
being enjoyed by local government units, the city government may set the rules and regulations
how its properties, like a bus, are to be utilized for public purpose. The set of rules are contained
in an ordinance to be strictly abided to by all concemed. Once the use of the bus for funeral
services is authorized by way of a city ordinance, its use for that purpose will now be within the
ambit of official business.
Based on the discussion, what should be passed, therefore, should not be a mere resolution
but should be an ordinance authorizing the use thereof for funeral services and providing
{guidelines therefor. With the foregoing discussion, the second and fourth queries need not be
answered anymore.
We hope to have enlightened you on the matter.
Very truly yours,
By Authority of the Secretary
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L C. SACENDONCILLO, CESO Ill
Undersecretary