General WelfarecClause — DILG Region I opinion letter

The GENERAT WETFARE CLAUSE is the statutory grant of police power to local government units. ft has two branches: 1. The general legislative power - authorizes the municipal council to enact ordinances and make regulations not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred upon by the municipal council by law: and 2. The police power proper: authorizes the municipality to enact ordinances as may be necessary and proper for the health and safety, prosperity, morals, peace, good order, comfort and convenience of the municipality and its inhabitants, and for the protection of their property. (Laws on Public Corporotion, Atty, Hilario Justino F. Morales, November 2007) In case of violation, it's up to the prosecutor to determine which law to apply. Whether to apply the National Law or the Ordinance by the Municipality, provided that the limitation imposed by the prohibition on double jeopardy under the Constitution is not violated in the prosecution of the violators. The act of a local legislature does not constitute indirect amendment of the National Law because the National law deals with violation of a statute, while the other deals with violation of ordinance. One does not necessarily amend the other. We hope that we have addressed your concern accordingly. '. B|ASON, CESO lll Regional Director, Lcgal/joa