General WelfarecClause — DILG Region I opinion letter

July 20,2011 FREDDIE C. ASUNCION Secretary to the Sangguniang Bayan Municipality of San Gabriel La Union Dear Mr. Asuncion; REPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Regional Office No. l, San Fernando City, La Union Tel. Nos. (072) 888-21-08;700-57 -46;888-22-89;700-27'O1';700'36-79; 647 -12-45 Fax Nos. 888-22-94; 7 AA-27 -03 frV,rlrl This refers to your letter requesting for legal opinion on the queries, which we hereunder quoted, viz: 1. Whether or not the Sangguniang Bayan or any local legislature has the authority to penatize a violation already sanctioned and penalized by a national law and impose a penalty varies from that indicated therein. 2. Whether or not such act of a locat legislature constitute indirect amendment of the National Law? Before dwelling on the issues, may we first invite your attention to the provision of the Local Government Code of 1991, to wit: xxx Scctirn L6. Generat Welfore. - Every local governrnent unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and efbctive 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 scientifrc and technological capabilities, improve public moralt enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserye the comfort and convenience of their inhabitants. )oo( Dwelling on the issues, this office opines that sangguniang Bayan or any local legislature has the authority to penalize a violation already sanctioned and penalized by a national law and impose a penalty varies from that indicated therein. This authority is imbued by virtue of the General welfare Clause given by the Local Government Code' Celebrating 20 Years of Local '4utonotny in the Philippines r rr rt I I | | r t | | | #