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

08 February 2021 LEGAL OPINION NO. 2021-0012

To : HON. ARMAN U. GUILI

Board Member
Chairman, Committee on Public Order

FROM : ATTY. EDWIN E. TORRES

Provincial Legal Office
Sarangani Province

Subject : AN ORDINANCE PROHIBITING THE ACT OF VANDALISM IN THE MUNICIPALITY

OF ALABEL, SARANGANI PROVINCE AND IMPOSING PENALTIES THEREOF
_____________________________________________________________________________________

Sir:

Our office carefully reviewed the above Ordinance. After thorough research, we were able to ascertain that said
Ordinance is not contrary to law, regulation or the Constitution, as local government units are vested with the power
to pass ordinances for the general welfare of their constituents. Section 16 of the Local Government Code of1991
provides that:

“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.”

Also, no less than Section 2, Article X of the 1987 Philippine Constitution provides that:

“Section 2. The territorial and political subdivisions shall enjoy local autonomy.”

Certainly, the passage/enactment of the above Ordinance is aimed at promoting the general welfare of the people of
the Municipality of Alabel. Also, this is clearly an exercise by the local government unit of its autonomy, as
guaranteed and mandated by the Constitution. Hence, said Ordinance is legal and valid.

Thank you and Sulong Sarangani!

Very truly yours,

ATTY. EDWIN E. TORRES

Provincial Legal Officer