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

16 October 2018 LEGAL OPINION NO. 2018-103

To : HERMIE C. GALZOTE, MPA

Chairman, Committee on Rules, Legal Matters and Revision of Ordinances
Sarangani Province

FR0M : ATTY. EDWIN E. TORRES

Provincial Legal Office
Sarangani Province

Subject : ORDINANCE NO. 2018-08, SB KIAMBA, AN ORDINANCE

ESTABLISHING POLICIES AND GUIDELINES THAT SHALL
ADMINISTER THE OPERATION AND MAINTENANCE OF THE NEW
PUBLIC CEMETERY AND PROVIDING VARIOUS FEES THEREOF
_____________________________________________________________________________________

Sir:

Section 17 of the Local Government Code of 1991 provides “(a) Local government units
shall endeavor to be self-reliant and shall continue exercising the powers and
discharging the duties and functions currently vested upon them. They shall also
discharge the functions and responsibilities of national agencies and offices devolved to
them pursuant to this Code.”It further states that “Local government units shall likewise
exercise such other powers and discharge such other functions and responsibilities as
are necessary, appropriate, or incidental to efficient and effective provision of the basic
services and facilities enumerated herein.

(b) Such basic services and facilities include, but are not limited to, the following: …

…. (2) For a Municipality: ….

… (x) Public cemetery; …”

On the basis of the abovementioned provisions of the Local Government Code, our
office was able to ascertain that the Ordinance herein referred to our office is crafted
in accordance and within the bounds set by said Code.

Furthermore, Section 25 of Article II of the 1987 Constitution provides that “ The State
shall ensure the autonomy of local governments.” Given this fact, it is clear that the
Constitution itself guarantees certain level of independence to Local Government Units
(LGU’s) in managing their respective affairs.

Thus, the abovementioned Ordinance is not in violation of regulation, law or the

Constitution.

Thank you and Sulong Sarangani!

Very truly yours,

ATTY. EDWIN E. TORRES

Provincial Legal Officer

"Kilos Abante, Rehiyon Dose.”

File: JOHN