Can a local government unit require a permit for gatherings and payment of fees therefor if it has no ordinance requiring the same and authorizing the collection of said fees

BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph OILG OPINION NO. Jats, 2925, OCT 06 2025 ATTY. YURI M. BELUAN Office 104, Bodega Café & Micro Offices Big Hotel, Mantawi Dr., Tipolo Mandaue City, Cebu yuribeluan@gmail.com Dear Atty. Beluan: This pertains to your Letter dated July 21, 2025, requesting this Department's opinion on the following issues: 1. Cana local government unit require a permit for gatherings and payment of fees therefor if it has no ordinance requiring the same and authorizing the collection of said fees? 2. Cana local government require said permit and payment of fees for gatherings in a private property as provided under Section 4 of Batas Pambansa (BP) Big. 880, or the “Public Assembly Act of 1985? On the first issue, the pronouncement of the Supreme Court in Garayblas v. the Court of Appeals’ is instructive. Pertinent portion of which reads: “The regulatory powers granted to municipal corporations must always be exercised in accordance with law, with utmost observance of the rights of the people to due process and equal protection of the law. Such power cannot be exercised whimsically, arbitrarily or despotically.” Parenthetically, Republic Act No. 7160, or the Local Government Code (hereinafter referred to as the Code), grants local chief executives (i.e., city/municipal mayors, and governors) the power to issue licenses and permits pursuant to law or ordinance.” Accordingly, this Department is of the submission that LGUs may legally require a permit for public gatherings sans an ordinance provided that the same is pursuant to a law. Pertinently, Section 4 of BP Blg. 880 provides: 1 G.R. No. 111397, dated August 12, 2002 2 Sections 444 (b)(3)(iv), 455(b)(3)(iv), and 465(b)(3)(iv) “Matino, Mahusay at Maaasahan” Trunkline No.: 8876-34-54