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

“Section 4. Permit when required and when not required - A written permit shall be required for any person or persons to organize and hold a public assembly in a public place. However, no permit shall be required if the public assembly shall be done or made in a freedom park duly established by law or ordinance or in private property, in which case only the consent of the owner or the one entitled to its legal possession is required, or in the campus of a government-owned and operated educational institution which shall be subject to the rules and regulations of said educational institution. Political meetings or rallies held during any election campaign period as provided for by law are not covered by this Act.” Corollarily, Section 6 of the aforesaid BP provides that it shall be the duty of the mayor or any official acting in his behalf to issue or grant a permit unless there is clear and convincing evidence that the public assembly will create a clear and present danger to public order, public safety, public convenience, public morals or public health. As to the issue of whether an LGU can require payment of fees in the absence of an ordinance authorizing collection, we answer in the negative. Here, itis to be noted that while LGUs are clothed with the power to regulate for the general welfare of their respective constituents, the exercise thereof must be done pursuant to law or ordinance duly enacted by the sanggunian concerned. Section 132 of the Local Government Code stipulates that the power to impose a tax, fee, or charge to generate revenue under the said Code shall be exercised by the sanggunian of the local government unit (LGU) concerned through an appropriate ordinance. Stated differently, LGUs cannot legally require a payment of fees in the absence of a valid ordinance. Lest it would constitute an illegal exaction in violation of the fundamental principles governing the exercise of the taxing and revenue-raising powers of LGUs set forth under the Code. With regard to the second issue, we answer in the negative. Section 4 of BP 880 expressly provides, thus: “Section 4. Permit when required and when not required — xxx However, no permit shall be required if the public assembly shall be done or made in a freedom park duly established by law or ordinance or in private property, in which case only the consent of the owner or the one entitled to its legal possession is required, or in the campus of a government-owned and operated educational institution which shall be subject to the rules and regulations of said educational institution. Political meetings or rallies held during any election campaign period as provided for by law are not covered by this Act.” (Emphasis ours) As could be clearly gleaned from the afore-quoted provision, the required written permit from the mayor is constrained to public assemblies in public places. Accordingly, it does not apply to gatherings held in a private property. This opinion is being rendered without prejudice to any contrary opinion of competent authorities and the courts. We hope to have guided you on the matter. Page 2 of 3