PROVINCIAL LEGAL OFFICE

12 October 2020

Dir. Alex C. Roldan, CESO V

Regional Director
Department of Interior and Local Government XI
Davao City

Dear Sir:

This is in reference to the Municipal Ordinance No. 17 series of 2020 of

Maco, Davao de Oro, otherwise known as “ORDINANCE PROVIDING FOR
THE PROSEDURE IN CASE OF VIOLATION OF MUNICIPAL ORDINANCES
IMPOSING FINES AND PENALTIES, which is currently under review before
the Sangguniang Panlalawigan of Davao de Oro. The ordinance imposes
community service as an optional penalty if the violator cannot pay the
imposed fine. Section 6 thereof provides:

SECTION 6. COMMUNITY SERVICE.

a. In case of inability to pay the fine, the violator may render
community service as provided for in the Ordinance violated.
b. The Punong Barangay where violator resides, shall determine the
kind of community service that will be required of the violator and
shall administer the same.
c. After the completion of the community service, the Punong
Barangay within five (5) days shall issue Completion Certificate to
the violator who shall submit the same to the apprehending
enforcer, and who shall consider the case closed. Non-completion of
the community service as certified to by the Punong Barangay shall
be deemed a waiver on the part of the violator to still avail of the
same and the case shall proceed accordingly.
d. The provision on community service can be availed of only for three
(3) times by any violator.
By virtue of the effectivity clause as provided in Section 16 thereof, the
ordinance took effect while still under deliberation by the provincial board.

We already have rendered legal opinion when the Sanggunian sought for
our view on the matter. However, to further shed light and be clarified
accordingly, we would like to ask for your guidance and legal opinion on
the following issues:

Provincial Legal Office, 2nd Floor, Executive Building, Provincial Capitol Complex, Cabidianan, Nabunturan, Davao de Oro
 PROVINCIAL LEGAL OFFICE

1. Whether or not community service, as an optional penalty for

administrative fines which forms part of the corrective measure and
thus within the ambit of the General Welfare Clause, can be validly
imposed.
2. Whether or not the reviewing board, the Sangguniang Panlalawigan,
can validly approve portion and disapprove in part an ordinary
legislation such as the aforementioned ordinance.
3. What would be the effect of the Municipal Ordinance that has been
duly approved, effective and implemented by the Municipal Council
but has been subsequently disapproved by the Sangguniang
Panlalawigan? What would be the impact as to the violations
committed, and as to the administrative fines collected, how are
they treated?

We hope to hear from you soon and shed us some light on the prevailing
issues at hand.

Thank you and more power.

Very truly Yours,

Atty. Niel John A. Villarico

Provincial Legal Officer-Davao de Oro

Provincial Legal Office, 2nd Floor, Executive Building, Provincial Capitol Complex, Cabidianan, Nabunturan, Davao de Oro