Republika ng Pilipinas

LALAWIGAN NG NUEVA ECIJA

Lungsod ng Palayan
- o oOo o -

TANGGAPAN NG PANLALAWIGANG PAMBATAS

(Provincial Legal Office)

April 25, 2023.

RE: MUNICIPAL ORDINANCE NO. 01-S-2023—AN ORDINANCE AMENDING

MUNICIPAL ORDINANCE NO. 020-S-2016 ALSO KNOWN AS THE
COMPREHENSIVE CHILDREN’S WELFARE CODE OF THE MUNICIPALITY FO
GENERAL TINIO, PROVINCE OF NUEVA ECIJA

This is in reference your letter which our office received on 12 April 2023, requesting
our office to provide legal opinion on Municipal Ordinance No. 01-S-2023.

Ordinance No. 01-S-2023 or the Comprehensive Children’s Welfare Code of

the Municipality of General Tinio, Province of Nueva Ecija caters to the Best
Interest of the Child principle which our law upholds.

Looking at the subject ordinance, the Local Government Unit of General

Tinio, Nueva Ecija established means of protecting and upholding the interest of
the child by providing activities and councils such as Children’s Congress, Fun
Day, Nutrition Month, Buwan Ng Wika, Information and Reading Center, Local
Council for the Protection of Children, Barangay Council for the Protection of
Children, etc.

The provisions of the said ordinance together with its source of funding and
penalties imposed on violators thereof are clear and unambiguous.

Item D of Section 16 of the given Ordinance, however, uses a word which

may be out of context. It uses the word “stimulates” as re-stated below:

D. when a doctor, hospital, clinic official or employee, nurse, midwife,

local civil registrar or any other person stimulates birth for the purpose of
child trafficking;

It may be a typographical error since looking at the intent of the said line, it
appears that what it suggests is the alleged “simulation of birth” committed by
doctors, and some members of the local civil registrar. Hence, we opine that the
word “stimulate” should be replaced by “simulate”.

Other than that minor error, we firmly believe that the Best Interest of the
Child can be provided for by the Local Government of General Tinio through
Ordinance No. 01-S-2023

Sincerely,
ATTY. ELIJAH B. BACTOL
Legal Officer II

Noted by:
ATTY. RICARDO R. ATAYDE, JR.
Provincial Legal Officer