REPUBLIC OF THE PHILIPPINES

Province of Antique
PROVINCIAL LEGAL OFFICE
New Capitol, San Jose de Buenavista

October 07, 2020

HONORABLE VICE GOVERNOR EDGAR DENOSTA AND THE

HONORABLE MEMBERS OF THE SANGGUNIANG PANLALAWIGAN

Re: Review, comment, and recommendation on Ordinance No. 11-2020 of the

Municipality of Valderama, regulating acts of utterances, discrimination and harassment
of confirmed COVID-19 Patients, recoveries, probable and suspected COVID-19
persons (PUI and PUM) and against health workers/frontliners and persons under
facility/ home quarantine even beyond their prescribed quarantine period, and providing
penalties thereof.

Dear Mesdames/Sirs,

The Provincial Legal Office is of the opinion that:

1. The Ordinance is not contrary to the 1987 Philippine Constitution, any law, order,
decree, rule, or regulation.

2. The Ordinance is in compliance with Section 16 of the Local Government Code

of 1991 which provides Every local government unit shall exercise the powers

expressly granted, those necessarily implied there from, 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. That within

their respective territorial jurisdictions, local government units shall ensure and

support, health and safety of the of the people, maintain peace and order, and

preserve the comfort and convenience of their inhabitants.

3. The Ordinance is in compliance with Section 447, paragraph (a), sub –

paragraph (1) (iii) of the same code which states that the Sanguaniang Bayan

have approve ordinances imposing a fine not exceeding Two thousand five

hundred pesos (P=2,500.00) or an imprisonment for a period not exceeding six

 (6) months, or both in the discretion of the court, for the violation of a municipal

ordinance.

4. Lastly, a clarification should be made under the definition of terms regarding

letter d of the Section II. It should specify what type of laboratory testing for

COVID 19 should be used as there are different kinds of tests for said disease.

5. Lastly, it is advised that the Sanguniang Bayan comply with the requirement

provided under Section 511, ordinances with penal sanctions shall be posted at

prominent places in the provincial capitol, city, municipal or Barangay hall, as the

case may be, for a minimum period of three (3) consecutive weeks. Such

ordinances shall also be published in a newspaper of general circulation, where

available, within the territorial jurisdiction of the local government unit concerned,

except in the case of Barangay ordinances. Unless otherwise provided therein,

said ordinances shall take effect on the day following its publication, or at the end

of the period of posting, whichever occurs later.

May these comments be of help to the Committee.

Truly yours,

ATTY. JUNNIE VEE D. HONGCO

Officer-in-Charge