Republic of the Philippines

Province of Sarangani
PROVINCIAL LEGAL OFFICE
Ground Floor, JLC Building, Capitol Complex, Alabel,
Sarangani Province

E-mail: Sarangani.legaloffice@gmail.com

5 June 2020 LEGAL OPINION NO. 2020-0046

To : HON. IRISH LOUIE D. ARNADO

Board Member
Chairman, Committee on Health, Nutrition and Sanitation
Sarangani Province

FR0M : ATTY. EDWIN E. TORRES

Provincial Legal Office
Sarangani Province

Subject : AN ORDINANCE CREATING THE HYPERTENSION AND DIABETES CLUB OF

THE MUNICIPALITY OF GLAN, SARANGANI PROVINCE PROVIDING FUNDS
THEREFORE AND FOR OTHER PURPOSES
____________________________________________________________________________

Ma’am:

We acknowledge receipt of your letter dated 26 May 2020 requesting for a legal opinion on the
abovementioned ordinance.

We have thoroughly reviewed said ordinance. We also did a comprehensive research as to the
legal bases of the same. As a result, we were able to ascertain that said ordinance is compliant
with Department of Health (DOH) Administrative Order No. 0014 series of 2016, otherwise
known as the “Implementing Guidelines on the Organization of Health Clubs for Patients with
Hypertension and Diabetes in Health Facilities”. The ordinance is also not in violation of any
law, regulation or the Constitution, as each sanggunian is vested with the power by the Local
Government Code to enact local ordinances with lawful subjects and the Constitution itself
guarantees local autonomy to local government units.

However, we noticed that the way the separability clause is written is not in order. It is because
it has lumped or combined together the provisions that must be written separately in the
repealing and separability clauses. It is highly recommended that repealing and separability
clauses be written in said ordinance. Also, these clauses must pertain to the provisions of the
“ordinance” itself and not of AO 2016-0014.

Thank you and Sulong Sarangani!

Very truly yours,

ATTY. EDWIN E. TORRES

Provincial Legal Officer

"Kilos Abante, Rehiyon Dose.”

File: JOHN