Assignment Legis

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  1.    A barangay can adopt a municipal ordinance, provided that the it complies  with the well-established tests of a valid ordinance, to wit: (a)   It must not contravene the Constitution or any statute; (b)   It must not be unfair or oppressive; (c)   It must not be partial or discriminatory; (d)   It must not prohibit but may regulate trade; (e)   It must be general and consistent with public policy; and, (f)   It must not be unreasonable. (Magtajas vs. Pryce Properties Corporation, Inc., 234  SCRA 255, reiterated in Tano vs. Socrates, 278 SCRA 154).  While a barangay may adopt an ordinance of higher sanggunian, such ordinance should be in accordance with and not repugnant to the law or ordinance of higher sanggunian. Otherwise, such barangay ordinance is invalid.  As to the second query under this item, the procedural requirement of adopting an ordinance of higher sanggunian is basically the same as making and enacting a new ordinance. Among other things, the sangguniang  barangay,  First  , must follow the rules set forth in Article 107, Rule XVII of the IRR of The Local Government Code in the enactment of ordinances and resolutions;  Second  , they may formulate a Legislative Agenda that shall serve as the road map to guide the them in identifying, analyzing and formulating solutions to problems and issues requiring public policy action; and Third  , since local legislation is a participatory process, the sanggunian must have a consultation with LGU stakeholders for it to acquire legitimacy and social acceptability on its resolutions and ordinances. 2.    With regard to the question under this item, the answer would be in the negative. The Child and Youth Welfare Code (P.D. 603) provides:  Article 139.  Curfew Hours for Children. –  City or municipal councils may prescribe such curfew hours for children as may be warranted by local conditions. The duty to enforce curfew ordinances shall devolve upon the  parents or guardians and the local authorities.  (emphasis supplied) It is expressly provided in the article that Congress delegated the power to declare a curfew only to City or Municipal Councils. The barangay level has the duty to only enforce a curfew ordinance of a city or municipality.  Moreover,   under Section 57 of RA 9344, curfew ordinances against minors are clas sified as “status offenses” and are therefore illegal . The section states:  Any conduct not considered as an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. Below are some of the essential provisions of the said law. Section 4, paragraph (r) of RA 9344 includes curfew violations under the term “status offense”. Therefore, the setting of curfew for minors is in effect made illegal by the Juvenile Justice and Welfare Act of 2006, making the adoption of the 1978 curfew ordinance of the Municipality of Catarman invalid for being in contravention to a statute. 3.   The barangay may opt to instead adopt a resolution for a particular and temporary purpose, based on the legislative body’s reaction to a problem that has already arisen. Such resolution may continue for a reasonable period only and a formal repeal is not required to terminate its operation. But if the resolution is in effect an ordinance, and has the force of a local law, it continues to operate until legally rescinded. However, this type of legislation has a short-term effect in addressing a problem. Local legislation can be more responsive if it addresses or predicts  what citizens need to have a better quality of life, even before the citizens  bring them to the attention of legislators. References: 1.   The Local Government Code of 1991, Aquilino Q. Pimentel, Jr. 2.    Local Legislators’ Toolkit, Sheila Espine -Villaluz.  3. Submitted by:  ADRIAN G. ADRIATICO Group I, LLB-III

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Jul 31, 2017
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