City Disaster Risk Reduction and Management Council - EO

Republic of the Philippines
Province of Davao del Norte

CITY OF TAGUM
OFFICE OF THE CITY LEGAL OFFICER
August 15, 2016
HON. ALLAN L. RELLON, DPA
City Mayor
Tagum City
RE:
EXECUTIVE ORDER REORGANIZING THE CITY RISK
REDUCTION AND MANAGEMENT COUNCIL (CDRRMC) OF TAGUM
CITY
Sir:
It is worthy to mention that an ex officio position being actually and in legal contemplation part
of the principal office where no further warrant or appointment is needed, it follows that such designation
does not entail payment of additional compensation for his services in the said position. The reason is that
these services are already paid for and covered by the compensation attached to his principal office. 1
Section 56 of the Administrative Code of the Philippines of 1987 reiterates the constitutional
prohibition against receiving additional or double compensation.
SEC. 56, Additional or Double Compensation.
No elective or appointive public officer or employee shall receive
additional or double compensation unless specifically authorized by
law
In connection therewith, the powers and duties of local government officials as enunciated under
the Local Government Code of 1991 provides that they shall exercise such other powers and perform
such other duties and functions as may be prescribed by law or ordinance.
This Office, therefore, opines that the grant of honorarium to the Executive Committee,
CDRRMC Vice Chairperson, Secretariat and members thereof should be omitted deferred pending the
Motion for Reconsideration filed by the City Government of Tagum before the Commission of Audit
(COA) for to allow otherwise would amount to double compensation which is expressly prohibited by the
constitution.2
May you find this recommendation satisfactory.
ATTY. RANDY E. DE GALA

City Legal Officer
August 15, 2016
1 PEZA vs. COA, G.R. No. 189767

2 Article IX-B, Section 8 of the 1987 Philippine Constitution

CITY OF TAGUM
City Mayor
Tagum City
RE:
EXECUTIVE ORDER REORGANIZING THE CITY RISK
REDUCTION AND MANAGEMENT COUNCIL (CDRRMC) OF TAGUM
CITY
Sir:
Prefatorily, an Executive Order is a policy directive issued by an executive authority, i.e.
President, Governor and Mayor, to implement, execute or interpret a law, treaty or a constitutional
provision. However, said power can operate only within the context of a pre-existing ordinance or law. It
cannot stand independent of a valid legislative act. 3 Hence, any executive order issued absent of any valid
and existing ordinance or law shall be unconstitutional for lack of constitutional and statutory basis.
Anent thereto, Rule 6, Section 6 of the Implementing Rules and Regulations of R.A. No. 10121
or also known as the Philippine Disaster Risk Reduction and Management Act of 2010 incontrovertibly
provides:
Section 6. Local Ordinance The local sanggunian concerned shall enact the appropriate
ordinance to create the DRRMO including the allocation of necessary staffing/personnel and budget.
Thus, the herein undersigned highly recommends that this matter be referred to the
Sangguniang Panlungsod in order for them to pass and enact an ordinance creating the Disaster Risk
Reduction and Management Office (DRRMO) and, thereafter, an executive order may be issued by your
Office to ensure the effective enforcement and execution of the same. 4
Respectfully submitted.

City Legal Officer
3 G.R. No. 167930, Bayan Muna Representatives vs. Eduardo Ermita, et at.
4 Art. 86(2)(iii) of the Local Government Code of 1991

CITY OF TAGUM
In fine, E.O. No. 420 is unconstitutional for lack of constitutional and
statutory basis; its subject matter is not appropriate subject of an executive order
ARTICLE 86. Powers, Duties, and Functions of the City Mayor. (a) The city mayor,
as chief executive of the city, shall exercise such powers and perform such duties and
functions
as
provided
by
the
Code
and
other
applicable
laws.
(b) For efficient, effective and economical governance the purpose of which is the general
welfare of the city and its inhabitants pursuant to Sec. 16 of the Code, the city mayor shall:
Thus, the local chief executive may issue such executive order to effectively
enforce City Ordinance No. 644 Series 2013, pursuant to the provision of
the Implementing Rules and Regulations of the Local Government Code of
1991 which provides that:
Article 86. Powers, Duties, and Functions of the City Mayor
(2) (iii) issue such executive orders for the faithful and
appropriate enforcement and execution of laws and
ordinances.
Most executive orders are issued under specific statutory authority from Congress and have the forc
e and effect of law.Such executive orders usually impose sanctions, determine legal rights, limit agency di
scretion, and require immediatecompliance. Federal courts consider such orders to be the equivalent of f
ederal statutes. In addition, regulations that areenacted to carry out these executive orders have the statu
s of law as long as they reasonably relate to the statutoryauthority.
Executive orders Acts of the President providing for rules of a general or

permanent character in implementation or execution of constitutional or statutory
powers shall be promulgated in executive orders.
G.R. No. 167930 --- Bayan Muna Representatives Satur C. Ocampo, et

al., Petitioners, versus Eduardo
Ermita, et
al., Respondents.
It is noteworthy to mention that an ex officio position being actually and in legal contemplation
part of the principal office where no further warrant or appointment is needed, it follows that such
designation does not entail payment of additional compensation for his services in the said position. The
reason is that these services are already paid for and covered by the compensation attached to his
principal office.5
No elective or appointive public officer or employee shall receive additional or
double compensation unless specifically authorized by law
In connection therewith, the powers and duties of local government officials as enunciated under
the Local Government Code of 1991 provides that they shall exercise such other powers and perform
such other duties and functions as may be prescribed by law or ordinance.
This Office, therefore, opines that the grant of honorarium to the executive committee,
CDRRMC Vice Chairperson, Secretariat and the members thereof should be omitted deferred pending
5PEZA vs. COA, G.R. No. 189767

CITY OF TAGUM
the Motion for Reconsideration filed by the City Government of Tagum before the Commission of
Audit (COA) for to allow otherwise would amount to double compensation which is expressly prohibited
by the constitution.6
It is also suggested that the Sangguniang Panlungsod of City Government of Tagum shall enact
the appropriate ordinance to create the City Disaster Risk Reduction and Management Office (CDRRMO)
including the allocation of necessary staffing/personnel and budget.
Aside from the minor corrections which can be gleaned on the aforesaid executive order , the
same is found to be sufficient in form and substance.
May you find these recommendations satisfactory.
A presidential policy directive that implements or interprets a federal statute, a constitutional provisio
n, or a treaty.
More recently, presidents haveused executive orders to carry out legislative policies and programs.
As a result, the executive order has become a criticaltool in presidential policy making.
Most executive orders are issued under specific statutory authority from Congress and have the forc
e and effect of law.Such executive orders usually impose sanctions, determine legal rights, limit agency di
scretion, and require immediatecompliance. Federal courts consider such orders to be the equivalent of f
ederal statutes. In addition, regulations that areenacted to carry out these executive orders have the statu
s of law as long as they reasonably relate to the statutoryauthority.
Executive orders Acts of the President providing for rules of a general or

powers shall be promulgated in executive orders.
1. issue executive orders as are necessary for the proper enforcement and
execution of laws and ordinances;
G.R. No. 167930 --- Bayan Muna Representatives Satur C. Ocampo, et

al., Petitioners, versus Eduardo
Ermita, et
al., Respondents.
Executive Orders are acts of the President providing for rules of a general or
powers.
The case of Walter E. Olsen & Co. v. Herstein[7] discusses at length
executive orders, to wit:
x x x Executive Order No. 41 is nothing more or less than a command
from a superior to an inferior. It creates no relation except between the
official who issues it and the official who receives it. Such orders,
whether executive or departmental, have for their object simply the
efficient and economical administration of the affairs of the department
to which or in which they are issued in accordance with the law

CITY OF TAGUM
governing the subject matter. They are administrative in their
nature and do not pass beyond the limits of the department to which
they are directed or in which they are published, and, therefore,
create no rights in third persons. They are based on, and are the
product of, a relationship in which power is their source and
obedience their object. (Emphasis added)
To be valid, an administrative issuance, such as an executive order, must
comply with the following requisites:
(1) Its promulgation must be authorized by the legislature;
(2) It must be promulgated in accordance with the prescribed
procedure;
(3) It must be within the scope of the authority given by the
legislature; and
(4) It must be reasonable.[8]
It cannot be argued that E.O. No. 420 is nothing more than the Presidents
exercise of the power of control over the executive branch of the government.
While it is true that the President wields executive and administrative powers and
participate in rule making through delegated legislative authority, however,
Congress cannot abdicate its legislative powers and delegate them, unless the
Constitution and the law so grant.
However, the residual power contemplated above can operate only within the
context of a pre-existing law. It cannot stand independent of a valid legislative act.
Thus, the legal character of E.O. No. 420 is much unlike that of E.O. No. 132 as
illustrated in Larin v. Executive Secretary[9] where the Court upheld the challenged
order since there exists statutory basis that the President is authorized to effect
organizational changes including the creation of offices in the department or
agency concerned. Further ratiocinating on the legality of E.O. 132, the Court held:
In fine, E.O. No. 420 is unconstitutional for lack of constitutional and statutory
basis; its subject matter is not appropriate subject of an executive order; and it
violates the constitutionally guaranteed right to privacy.

City Legal Officer

CITY OF TAGUM
August 11, 2016

City Mayor
Tagum City
RE: EXECUTIVE ORDER FOR THE RECONSTITUTION OF TAGUM
CITY CRISIS MANAGEMENT COMMITTEE
Sir:
Anent the abovementioned document, the undersigned finds the same to be appropriate
and in order.
For your information.

City Legal Officer

CITY OF TAGUM
August 11, 2016

City Mayor
Tagum City
RE: MEMORANDUM OF AGREEMENT BETWEEN THE TAGUM CITY
FEDERATION OF BARANGAY TRIBAL COUNCIL (TCFBTC) AND
TOURISM OFFICE
Sir:
After a thorough examination of the aforesaid MOA, the herein undersigned suggests
that the person of the first party, the Tourism Office, be changed to City Government of
Tagum since the latter has general control and supervision over the stalls situated in Tagum
Cultural and Trade Center (TCTC).
Aside from the foregoing, it is found to be sufficient in form and substance. Hence, a
resolution may now be drafted authorizing the City Mayor to sign for and in behalf of the City
Government of Tagum.

CITY OF TAGUM

City Legal Officer
August 4, 2016
City Mayor
Tagum City
RE:
EXECUTIVE ORDER RECONSTITUTING THE CITY
HISTORICAL AND CULTURAL COMMSSION IN THE CITY OF
TAGUM, CREATING ITS TECHNICAL WORKING GROUP, AND
PROVIDING ITS COMPOSITION, DUTIES, FUNCTIONS AND
FUNDS THEREOF
Sir:
Verily, a public official may, aside from the position he is currently holding, occupy another
position in the government in an ex officio capacity as set down explicitly by law/ordinance and as
required by the primary functions of said officials office where no further warrant or appointment is
needed.
Anent thereto, the powers and duties of local government officials as enunciated under the Local
Government Code of 1991 provides that they shall exercise such other powers and perform such other
duties and functions as may be prescribed by law or ordinance. It follows that such designation does not
entail payment of additional compensation for his services in the said position since those services are
already paid for and covered by te compensation attached to his principal office. 7

CITY OF TAGUM
Thus, this Office opines that the grant of honorarium to the City Historical and Cultural
Commssion of Tagum should be omitted deferred pending the Motion for Reconsideration filed by the
City Government of Tagum before the Commission of Audit (COA) for to allow otherwise would
amount to double compensation which is expressly prohibited by law and the constitution. 8
Aside from the corrections/improvements which can be gleaned on the aforesaid executive
order, the same is found to be sufficient in form and substance.

City Legal Officer
August 4, 2016
ROGENETH P. LLANOS, MPA
PDO IV/PESO MANAGER
Tagum City
Sir:
Received by this Office on August 3, 2016, a Memorandum of Agreement entered into by
and between the City Government of Tagum and Tagum City Terminal Sidewalk Vendors
Association with regard to the livelihood assistance projects of the former for the latter, asking
for legal
This is in relation to the letter of the Board of Directors of Madaum Agrarian Reform
Beneficiaries Association, Inc. (MARBAI) requesting police assistance for the peaceful turn-over
of the disputed property located at Madaum, Tagum City, Davao del Norte.
8 Sec. 56 of the Administrative Code of the Philippines; Article IX-B, Section 8 of the 1987
Philippine Constitution

CITY OF TAGUM
After a thorough examination of the VBAIT Contract, the herein undersigned opines that
2nd paragraph, Article III of the aforesaid contract be modified as follows:
Neither of the parties has the right to terminate this contract before the expiration
hereof except for just and valid causes or when either party committed material
breach in any of its provisions.
Aside from the minor corrections which can be gleaned on the aforesaid contract, the

City Legal Officer
August 4, 2016
City Mayor
Tagum City
RE:
EXECUTIVE ORDER RECONSTITUTING THE LOCAL
FINANCIAL MANAGEMENT TEAM OF CITY OF TAGUM
Sir:
Prefatorily, the powers and duties of local government officials as enunciated under the Local
duties and functions as may be prescribed by law or ordinance.

CITY OF TAGUM
Aside from the position they are holding, either being elected or appointed, they may occupy
another position in the government in an ex officio capacity as set down explicitly by law/ordinance and
as required by the primary functions of said officials office where no further warrant or appointment is
needed. It follows that such designation does not entail payment of additional compensation for the
services they will be rendering in the said position since such services are already paid for and covered by
the compensation attached to their principal office. 9
Thus, the herein undersigned is of the opinion that the grant of honorarium to the Local Public
Financial Management Team should be omitted deferred pending the Motion for Reconsideration filed
by the City Government of Tagum before the Commission of Audit (COA) for to allow otherwise would
amount to double compensation which is expressly prohibited by law and the constitution. 10
Aside from the minor corrections therein, the same is found to be sufficient in form and
substance.

City Legal Officer
August 1, 2016
City Mayor
Tagum City
RE: EXECUTIVE ORDER AMENDING THE COMPOSITION OF
SECTIONS II, III, IV, V AND VI OF EO NO. 37, S-2014
Sir:

10 Sec. 56 of the Administrative Code of the Philippines; Article IX-B, Section 8 of the 1987
Philippine Constitution

CITY OF TAGUM
It is worthy to note that a public official may, aside from the position he is currently holding,
occupy another position in the government in an ex officio capacity as set down explicitly by
law/ordinance and as required by the primary functions of said officials office where no further warrant
or appointment is needed.
The ex officio position being actually and in legal contemplation part of the principal office, it
follows that such designation does not entail payment of additional compensation for his services in the
said position. The reason is that these services are already paid for and covered by the compensation
attached to his principal office.11
No elective or appointive public officer or employee shall receive additional or
double compensation unless specifically authorized by law
Anent thereto, the powers and duties of local government officials as enunciated under the Local
duties and functions as may be prescribed by law or ordinance.
This Office, therefore, opines that the grant of honorarium to the chairperson and members of
the Local Housing Board (LHB) should be omitted deferred pending the Motion for Reconsideration
filed by the City Government of Tagum before the Commission of Audit (COA) for to allow otherwise
would amount to double compensation which is expressly prohibited by the constitution. 12
Aside from the foregoing, the same is found to be sufficient in form and substance.

City Legal Officer
chairperson and the members of the Local Housing Board (LHB) who are
already receiving their salary by virtue of their primary office principal office may
no longer be granted the privilege to receive honorarium since these positions are
inherently included in the position they are presently occupying.
11PEZA vs. COA, G.R. No. 189767

CITY OF TAGUM
those which fall within the inherent powers of their office/position, either
vested by law or ordinance, does not require After a thorough examination, the
herein undersigned opines that the powers mentioned under the aforesaid executive
July 29, 2016

City Mayor
Tagum City
RE: ORDINANCE PRESCRIBING FEES AND CHARGES FOR THE USE
OF THE COMFORT ROOM COVERING ALL ECONOMIC
ENTERPRISES OPERATED AND MANAGED BY THE CITY
GOVERNMENT OF TAGUM
Sir:
After a thorough examination of the aforesaid
Except for some minor corrections which can be gleaned from the aforesaid ordinance,
the herein undersigned finds the same to be sufficient in form and substance.

City Legal Officer

CITY OF TAGUM
July 29, 2016

City Mayor
Tagum City
RE: EXECUTIVE ORDER RECONSTITUTING THE LOCAL PUBLIC
FINANCIAL MANAGEMENT TEAM OF CITY OF TAGUM
Sir:
After a thorough examination of the aforesaid executive order, the herein undersigned
opines that the honorarium that the committee members will be receiving shall be omitted
awaiting the Motion for Reconsideration filed by the City Government of Tagum before the
Commission on Audit (COA) for the
with regard to the honorarium of various committee members, the herein undersigned
opines that the
Except for some minor corrections which can be gleaned from the aforesaid executive
order, the herein undersigned finds the same to be sufficient in form and substance.

CITY OF TAGUM

City Legal Officer
July 21, 2016

City Mayor
Tagum City
RE:
ORDINANCE ENGAGING THE INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLES (ICCs/IPs) TO DIRECTLY
AND FULLY PARTICIPATE IN LOCAL GOVERNANCE, AUTHORIZING
THE PROVISION OF FUNDS FOR THE EFFICIENT AND EFFECTIVE
IMPLEMENTATION HEREOF AND FOR OTHER PURPOSES
Sir:
After a thorough examination of the aforesaid city ordinance, the herein undersigned
finds the same to be sufficient in form and substance.

CITY OF TAGUM

City Legal Officer
July 21, 2016

City Mayor
Tagum City
RE:
Sir:
ORDINANCE
ESTABLISHING
THE
BARANGAY
PARTICIPATION IN THE ADMINISTRATION OF REAL
PROPERTY TAXATION IN TAGUM CITY, PRESCRIBING ITS
ROLE AND ASSISTANCE AND PROVIDING FUNDS
THEREOF

CITY OF TAGUM
and in order.

City Legal Officer
July 21, 2016

City Mayor
Tagum City
Sir:
This is in relation to the Memorandum of Agreement between the National Food
Authority (NFA) and City Government of Tagum with regard to the Rice Purchase on Credit
wherein the latter will be purchasing rice from the former for its relief operation in case a state of
calamity is declared.

CITY OF TAGUM
After a thorough examination of the aforesaid MOA, the herein undersigned finds the
same to be sufficient in form and substance.

City Legal Officer
July 20, 2016

City Mayor
Tagum City
Sir:
This is in relation to the letter of Dr. Narciso U. Pereyras, President of Newfoundland
Arts and Science Academy of Tagum, Inc., requesting for the closure and ceasure of operation of

CITY OF TAGUM
Zen Bingo police assistance for the peaceful turn-over of the disputed property located at
Madaum, Tagum City, Davao del Norte.
Attached hereto is the draft letter addressed to PCI Philipp Jefferson S. Ayban, the Deputy
Chief Police of PNP Tagum City, directing him to take appropriate action on the subject matter.
ORDINANCE NO. 696, S-2014
AN ORDINANCE REGULATING THE OPERATION OF BINGO
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
SECTION 1.TITLE. - This ordinance shall be known as the
City of Tagums Bingo Regulatory Ordinance and it shall be
enforced in conjunction with pertinent national laws, rules, and
regulations already promulgated or may later be promulgated
regarding the matter.
SECTION 4. PERMIT OR LICENSE. No BINGO SOCIAL or
PAGCOR sanctioned bingo operation shall start its operation
without first obtaining a Mayors Permit which may be issued
only after showing that the Sangguniang Panlungsod had issued
the requisite authority and the applicant has complied with the
regulatory measures herein provided.
SECTION 5.REGULATORY MECHANISMS. Any right,
privilege or authority to operate bingo shall be conditioned on
the grantees faithful, continued and strict compliance with the
following regulations, to wit:
A. On Location and Distance No bingo hall or outlet shall be
established or allowed to operate within Three Hundred
(300) meters from any place of worship or learning, except
if the site is within a shopping center or enclosed structure
hidden from the view of people outside thereof.
B. the city, except in or about the premises of the bingo
venue.
SECTION 6. ENFORCEMENT AND INSPECTION. To
ensure compliance with applicable laws and the regulatory
measures herein provided, the City Mayor is hereby authorized to
create an enforcement team composed of five (5) headed by the
City Legal Office. The said team is empowered to enforce
applicable laws, rules and regulations and/or to conduct
inspection of any of the premises where the game of chance
subject hereof is held on such date and time as it may deem
necessary or as may be directed by the City Mayor. Its report
shall be submitted to the City Mayors Office and the
Sangguniang Panlungsod for their appropriate action.
SECTION 7. PENALTY. In addition to or aside from the
penalty under applicable national laws, rules and regulations,

CITY OF TAGUM
violation by the grantee or franchisee of any of the above
regulations as well as any of the provisions hereof shall be
punished as follows:
1. For the first offense administrative fine of Php5,000.00;
2. For the second offense administrative fine of
Php5,000.00 and suspension of operation for a period of
thirty (30) days; and
3. For the third offense cancellation of business permit.
Provided, that the penalty mentioned above shall be
imposed only after observance of due process in a summary
hearing conducted by the enforcement and inspection team.
Provided further, that decision shall be rendered within five (5)
days.

City Legal Officer
July 15, 2016

City Mayor
Tagum City
RE: ORDINANCE INSTITUTIONALIZING THE SULONG DUNONG
EDUCATIONAL ASSISTANCE PROGRAM OF THE CITY OF
TAGUM AND PROVIDING FUNDS THEREOF

CITY OF TAGUM
Sir:
After a thorough evaluation, the herein undersigned recommends some improvements
which can be gleaned on the aforesaid city ordinance.
Without probing to the legislative wisdom, this office opines that the general
qualification requirement of the student-applicant should be raised from 75% to 80-85% in
order for it to be consistent with the main objective of the ordinance; i.e. that the educational
assistance be awarded only to deserving students.

City Legal Officer
July 15, 2016

City Mayor
Tagum City
RE: ORDINANCE INSTITUTIONALIZING THE SULONG DUNONG
EDUCATIONAL ASSISTANCE PROGRAM OF THE CITY OF
TAGUM AND PROVIDING FUNDS THEREOF

CITY OF TAGUM
Sir:
After a thorough evaluation, the herein undersigned recommends some improvements
which can be gleaned on the aforesaid city ordinance.
Without probing to the legislative wisdom, this office opines that the is also suggested by
this office to raise the general qualification requirement of the student-applicant from 75% to
80-85% in order for it to be consistent with the main objective of the ordinance that the
educational assistance be awarded only to deserving students.

City Legal Officer
July 15, 2016

City Mayor
Tagum City
RE:
ORDINANCE GRANTING BURIAL ASSISTANCE

VETERANS SURVIVING SPOUSES IN TAGUM CITY
TO

CITY OF TAGUM
Sir:
Upon evaluating the abovementioned city ordinance, the herein undersigned finds the
same to be appropriate and in order.

City Legal Officer
July 14, 2016

City Mayor
Tagum City

CITY OF TAGUM
RE: ORDINANCE INSTITUTIONALIZING THE TABANG ESKWELA
PROGRAM,
PRESCRIBING
ITS
GUIDELINES AND
PROVIDING FUNDS THEREOF
Sir:
and in order.

City Legal Officer
July 13, 2016

City Mayor
Tagum City

CITY OF TAGUM
RE:
VILLAGE-BASED
ARTIFICIAL
INSEMINATION
TECHNICIAN (VBAIT) CONTRACT
Sir:
After a thorough examination of the VBAIT Contract, the herein undersigned opines that
2 paragraph, Article III of the aforesaid contract be modified as follows:
nd
Neither of the parties has the right to terminate this contract before the
expiration hereof except for just and valid causes or when either party
committed material breach in any of its provisions.
Aside from the minor corrections which can be gleaned on the aforesaid contract, the

City Legal Officer
July 13, 2016


CITY OF TAGUM
City Mayor
Tagum City
RE: DRAFT EXECUTIVE ORDER RECONSTITUTING THE MEMBERS
OF THE EARLY CHILDHOOD CARE AND DEVELOPMENT
COORDINATING (ECCD) TEAM, ITS COMPOSITION AND
FUNCTIONS THEREOF
Sir:
After a thorough examination, the herein undersigned recommends some improvements
which can be gleaned on the aforesaid draft executive order.
As to the funds to be allocated therein, it is suggested that this matter be referred to the
Local Finance Committee for proper evaluation.

City Legal Officer

CITY OF TAGUM
July 13, 2016
City Mayor
Tagum City
RE: DRAFT EXECUTIVE ORDER RECONSTITUTING THE MEMBERS
OF THE EARLY CHILDHOOD CARE AND DEVELOPMENT
COORDINATING (ECCD) TEAM, ITS COMPOSITION AND
FUNCTIONS THEREOF
Sir:
After a thorough examination, the herein undersigned finds some improvements which
can be gleaned on the aforesaid draft executive order.
As to the funds to be allocated therein, it is suggested that this matter be referred to the
Local Finance Committee for proper evaluation.

City Legal Officer

CITY OF TAGUM
These are
disputes which needs
judicial intervention,
thus beyond the
Mayors jurisdiction.
In view of this status, . . . .
June 29, 2016

City Mayor
Tagum City
Sir:
Brought before us is the IMPLAN 12/2013 of Philippine National Police (PNP) - Tagum
City Police Station setting forth the guidelines and concepts of operation to be observed by the
Special Task Group (STG) Tagums Finest in the conduct of localized Anti-Criminality Action
Plan of Tagum City.
After a thorough examination, the herein undersigned finds some corrections and/or
improvements which can be gleaned on the aforesaid IMPLAN.

CITY OF TAGUM

City Legal Officer
June 28, 2016

City Mayor
Tagum City
RE: CITY ORDINANCE RECOGNIZING THE CONVERSION OF DAY
CARE TEACHERS AS CHLD DEVELOPMENT TEACHERS, SUBJECT
TO THE PROVISIONS OF CITY ORDINANCE NO. 754, SERIES OF 2013,
AS AMENDED, AND INCREASING ITS BENEFITS
Sir:
finds the same to be sufficient in form and substance. However, as to the allocation of monthly
honorarium that will be given to the Child Development Teachers, the same should be referred to
the Local Finance Committee for proper evaluation.

CITY OF TAGUM
City Legal Officer
June 28, 2016

City Mayor
Tagum City
RE: DRAFT CITY ORDINANCE ESTABLISHING THE MEDICAL AND
SURGICAL ASSISTANCE PROGRAM, PRESCRIBING ITS GUIDELINES
AND PROVIDING FUNDS THEREOF
Sir:
finds the same to be in order and in accordance with the pertinent laws of the Philippines.

CITY OF TAGUM
City Legal Officer
June 27, 2016

City Mayor
Tagum City
RE: DRAFT EXECUTIVE ORDER FOR IMPLEMENTING THE RULES
AND REGULATIONS OF KARAHASAN IWASAN TUNGO SA
MAGANDANG KINABUKASAN PROGRAM
Sir:
finds the same to be sufficient in form and substance.

City Legal Officer

CITY OF TAGUM
June 21, 2016

City Mayor
Tagum City
RE: FOUR (4) DRAFT LOCAL HOUSING BOARD RESOLUTIONS IN
RELATION TO THE RELOCATION OF TWENTY (26) INFORMAL
SETTLERS WHO WILL BE AFFFECTED BY DEMOLITION IN PUROK
1-C, APOKON, TAGUM CITY
Sir:
After a thorough examination of the afore mentioned draft LHB Resolutions, the herein
undersigned finds some corrections and/or improvements on its title which can be gleaned on the
aforesaid resolutions.
In line with this, it is also suggested that the beneficiaries who will be awarded by the
subject lots should have the qualification requirements as provided under the Urban
Development and Housing Act (UDHA) and the Local Housing Code of Tagum, however, due to
humanitarian reasons and upon majority vote of the Technical Working Group of the Local
Housing Board, one vacant lot is awarded to Mrs. Fe C. Persigas who is an actual occupant of
Purok 1-C, Apokon, Tagum City despite the fact that she is disqualified under City Ordinance
No. 370, S-2009 or the Local Housing Code of Tagum due to over age.

City Legal Officer
June 13, 2016

CITY OF TAGUM
City Mayor
Tagum City
RE:
DRAFT EXECUTIVE ORDER CREATING THE LOCAL
COMMITTEE ON ANTI-TRAFFICKING AND VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN (LCAT-VAWC)
Sir:
Except for some improvements which can be gleaned from the aforesaid executive order,
the herein undersigned finds the same to be sufficient in form and substance.

City Legal Officer

CITY OF TAGUM
June 13, 2016
City Mayor
Tagum City
RE: DRAFT EXECUTIVE ORDER FOR IMPLEMENTING THE RULES
AND REGULATIONS OF KARAHASAN IWASAN TUNGO SA
MAGANDANG KINABUKASAN PROGRAM
Sir:
opines that it should contain WHEREAS Clauses describing the purpose and explaining the
reasons for its execution, and in order for it to conform with the previous executive orders issued
by your office.

City Legal Officer

CITY OF TAGUM
In the law the term whereas also is used as the introductory word to a recital in a formal document. A recit
al contains wordsof introduction to a contract, statute, proclamation, or other writing. In a contract a where
as clause is an introductorystatement that means "considering that" or "that being the case." The clause e
xplains the reasons for the execution of thecontract and, in some cases, describes its purpose. The wher
eas clause may properly be used in interpreting the contract.However, it is not an essential component for
its operative provisions.
Court orders typically use whereas clauses before the clause or clauses containing the directions of the c
ourt. For example,a court might declare that "whereas the plaintiff made a motion to compel the productio
n of certain documents, and whereasthe court has held a hearing on the motion and is fully advised on th
e matter, now therefore it is hereby ordered that themotion to compel the production of the documents req
uested is hereby denied."
When whereas is placed at the beginning of a legislative bill, it means "because" and is followed by an ex
planation for theenactment of the legislation.
Finally, whereas is often used in official proclamations to project the solemnity of the occasion.
The term has been criticized as an overused legal formalism that clutters contracts and other legal docum
ents. Legalformalism means the special usages of the language of law, many of which are archaic and wh
ich are flourishes of a stylelong dead.
Instead of prefacing each
introductory fact by whereas, the
more modern way to draft a contract
is to begin with a section headed
Recitals or an introductory
statement, such as: This contract is
made with reference to the following
facts. In the Recital format you can,
for example, introduce the subject
matter of the contract and state the
objective of the parties.
WHEREAS. This word implies a
recital, and in general cannot be used in
the direct and positive averment of a fac
t in adeclaration or plea. Those facts whi
ch are directly denied by the terms of th
e general issue, or which may, by theest
ablished usage of pleading, be specially
traversed, must be averred in positive a
nd direct terms; but facts, howevermater
ial, which are not directly denied by the t
erms of the general issue, though liable
to be contested under it, and which,acco

CITY OF TAGUM
rding to the usage of pleading, cannot b
e specially traversed, may be alleged in
the declaration by way of recital, undera
whereas. Gould, Pl. c. 43, Sec. 42; Bac.
Ab. Pleas, &c., B. 5, 4; 2 Chit. Pl. 151, 1
78, 191; Gould, Pl. c. 3, Sec. 47.
June 13, 2016

City Mayor
Tagum City
RE: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
GOVERNMENT OF TAGUM, DPWH AND RELY CONTRUCTION AND
SUPPLY, INC. WITH REGARD TO THE REMOVAL OF MAGROVE
TREES AFFFECTED BY THE INFRASTUCTURE PROJECTS LOCATED
AT DAANG MAHARLIKA, BARANGAY BINCUNGAN
Sir:
Except for some clerical errors and items that should be clarified which can be gleaned
from the aforesaid memorandum of understanding, the herein undersigned finds the same to be
sufficient in form and substance.

City Legal Officer

CITY OF TAGUM
June 7, 2016
City Mayor
Tagum City
RE: DRAFT MEMORANDUM OF AGREEMENT BETWEEN THE CITY
GOVERNMENT OF TAGUM AND PHILIPPINE NATIONAL POLICE
(PNP) IN RELATION TO THE USE OF THE OLD SLAUGHTERHOUSE
AS POLICE STATION OF TAGUM CITY
Sir:
After a thorough examination of the aforesaid draft memorandum of agreement, the
herein undersigned finds the same in order.
However, in line with this matter, it would be more appropriate to suggest that instead
of executing a memorandum of agreement, a Deed of Donation may be executed by this city in
favor of the Philippine National Police (PNP), subject to a condition expressly stating that the
aforesaid property shall be utilized solely as PNP-Tagum Police Station, otherwise the
ownership thereof shall be reverted to the City of Tagum.

City Legal Officer

CITY OF TAGUM
June 7, 2016
City Mayor
Tagum City
RE: DRAFT MEMORANDA OF AGREEMENT BETWEEN THE CITY
GOVERNMENT OF TAGUM AND SEVERAL GOVERNMENT
AGENCIES/OFFICES IN OCCUPYING THE OFFICE SPACES IN THE
OLD SANGGUNIANG PANLUNGSOD BUILDING AND ROTARY PARK
Sir:
After a thorough examination of the aforesaid draft memoranda of agreement, the herein
undersigned finds the same to be sufficient in form and substance.

CITY OF TAGUM
City Legal Officer
June 7, 2016
City Mayor
Tagum City
Sir:
This is in relation to the letter of the Board of Directors of Madaum Agrarian Reform
Beneficiaries Association, Inc. (MARBAI) requesting police assistance for the peaceful turn-over
of the disputed property located at Madaum, Tagum City, Davao del Norte.

CITY OF TAGUM
Attached hereto is the draft letter addressed to PCI Philipp Jefferson S. Ayban, the Deputy
Chief Police of PNP Tagum City, directing him to take appropriate action on the subject matter.

City Legal Officer
June 6, 2016
PCI PHILIPP JEFFERSON S. AYBAN
Deputy Chief of Police
PNP - Tagum City
Sir:

CITY OF TAGUM
Respectfully forwarding you the letter of the Board of Directors of Madaum Agrarian
Reform Beneficiaries Association, Inc. (MARBAI) requesting police assistance for the peaceful
turn-over of the property in issue as stated therein.
For your appropriate action.

City Legal Officer
June 8, 2016
Ikot?????
City Mayor

CITY OF TAGUM
Tagum City
Sir:
After a thorough examination of the aforesaid draft memorandum of
agreement, the herein undersigned finds the same to be sufficient in form and
substance.

City Legal Officer
We took time in searching and formulating our legal opinion and

recommendations. Unfortunately we did not find any legal basis that will support
the said draft ordinance.
Sec. 151.Scope of Taxing Powers. Except as otherwise provided in this
Code, the city, may levy the taxes, fees, and charges which the province or
municipality may impose
Apparently, the legislative measure is novel and beneficial to the concerned

barangay officials. Scouring through pertinent provisions of law to support this
noble advocacy, we came across severalsimilar ordinances enacted by other cities
granting length of service benefits/incentives to all elected barangay officials after
their term of office. However, their ordinances do not indicate any provision of law
to support the grant of benefits.

CITY OF TAGUM
In our effort to go far and widen our research, we landed to a Commission
on Audit Decision No. 2007-045 dated November 27, 2007 over an Ordinance No.
22, Series of 2000 passed by the Sangguniang Bayan of San Juan in controversy
which grants incentive pay to all elected barangay officials after they have
completed their terms of office in the amount of P2,000 to Barangay Captains and
P1,000 to every Barangay Kagawad for every year of servicewhich was amended
by Ordinance No. 25, Series of 2001 increasing the incentive pay and was further
amended by Ordinance No. 45, Series of 2002 making the payment thereof
retroactive since the approval of the LGC of 1991.
The petitioner,Barangay Captain Herminio E. Reyes,in this case justified the
grant of incentive pay to the barangay officialsunder Section 393 of the LGC, to
wit:
Section 393.Benefits of Barangay Officials. (a) Barangay
officials, including barangay tanods and members of the
lupongtagapamayapa, shall receive honoraria, allowances, and
such other emoluments as may be authorized by law or barangay,
municipal or city ordinance in accordance with the provisions of
this Code xxx
Initially, the Director of the Legal and Adjudication Office (LAO) issued a
Memorandum dated January 28, 2004 striking down the said grant of benefits.That
the power of the SB is not plenary and absolute so as to authorize the grant of the
subject incentive pay to those who are no longer in the service and that its power to
enact ordinances is subject to the limitations provided under RA No.
7160 and other applicable laws. And thereafter, issued Notice of Disallowances
dated May 13, 2005, finding the grant of incentive pay to barangay officials
underthe subject Ordinances to be contrary to RA No. 6758, otherwise known as
the Salary Standardization Law.
In affirming the said findings of the Director of the Legal and Adjudication
Office (LAO) Local, the Commission on Audit ruled that:
The grant of incentive pay to Barangay Officials is clearly
without basis. The Salary Standardization Law which provides
for a uniform compensation among government employees,
including those in the local government units, does not authorize
such incentive pay. There is likewise no specific law passed by
Congress which ordains the conferment of such monetary benefit
to barangay officials. The assailed Ordinance is not the law
contemplated in Section 393 of the LGC. On the contrary, the
Ordinance itself runs counter to the Salary Standardization Law
Wherefore, this Commission finds the herein petition
undeserving of merit. Accordingly, the Notice of Disallowances
are hereby affirmed.
The aforecited case finds parallel with the proposed city Ordinance.

CITY OF TAGUM
We are constrained to render our considered view that the subject City
Ordinance will face same legal challenge and predicament. Attach herewithis copy
of COA Decision for your reference.
Respectfully submitted.
ATTY. ARMANDO L. SERAS

City Legal Officer
cc:
City Mayors Office
It the light of the said COA decision, it is our considered view thatthe
proposed Ordinance divaricate from the legal precept that the power of the
SangguniangPanlungsod to enact ordinances is subject to the limitations provided
under RA No. 7160 and other applicable laws.
Providing the barangay officials with these benefits would boost their morale and motivate them to work
harder in implementing the various projects and cause of the national government
It is to be noted that barangay officials are the frontlines of public service in our community.
Many of these officials dedicate their lives to the barangay for a measly pay and yet they get nothing upon
exhausting their effective years in life. It is in this light that the measure is being proposed to provide them such
length of service benefits to ensure that they are being recompensed and rewarded for their hard work and dedicated
in public service.

CITY OF TAGUM
Despite their significant roles in the community, the allowances and benefits that they
receive are not commensurate to the quality and range of services and assistance they extend to their
constituents, while the economic benefits derived from the fixed monetary allowances as provided
for under the Local Government Code since its enactment have long been eroded by inflationary
forces.
In effect what the COA is saying is that the city government of Baguio is bound to comply with the provisions of AO
161 since the order also covers employees and officers of local government units.
Unfortunately for COA, with the issuance of DBM Memorandum Circular 2013-3 providing for the guidelines of the
Performance-Based Incentive System (PBIS) created by Executive Order (EO) No. 80 issued by President Benigno
Aquino III on July 20, 2012 everything has changed.
The said EO 80 practically overhauls the whole system of the government in providing incentives and bonuses to its
employees and officers.
But what is more striking is the fact that in the guidelines provided by the DBM, contained in its circular 2013-03 in the
implementation of EO 80 issued by PNOY, it recognizes the prerogative of the local government units as well as the
barangay governments in the determination as to how much they should give their respective officers and employees.
This is clearly evident in paragraph 9.0 of DBM Memo Circular 2013-3 which provides that, LGU employees,
including those in barangay governments who are compensated through monthly honoraria, may be granted the onetime PEl for FY 2013, at rates determined by the respective sanggunian, depending on the LGU financial capability,
xxx. (underscoring supplied for emphasis)
Press Release
December 27, 2013
BARANGAY OFFICIALS AS GSIS MEMBERS--VILLAR

AS a token merit for their untold sacrifices and their dedication to their job, Senator Cynthia
Villar vouches for the inclusion of thousands of barangay officials in the Government Service
Insurance System (GSIS) coverage.
In her bill, SBN 301, otherwise known as "An Act Including Barangay Officials within the
Coverage of the Government Service Insurance System (GSIS), Villar sought for the
expansion of the system to include barangay officials as members.
The GSIS, in consultation and coordination with the Department of Interior and Local
Government and the league representing barangay captains and officials, shall issue the
necessary rules and regulations to implement the provisions of Villar's bill.

City Legal Officer

CITY OF TAGUM
, . It willy for public use/ PUBLIC DOMINION then the same might not
be donated.
Under the Civil Code, the characteristic of
properties for public use/ public dominion is that they are
outside the commerce of man , and cannot be leased ,
donated, sold, or be the object of any contract.
But after examining the attached files, there was no mention of whether the
subject parcel of land is a property for public use or a patrimonial property. In line
with this matter, it would be safe to suggest that instead of executing a deed of
donation,you may execute a DEED OF USUFRUCT in favor of Tagum City
Federation of Barangay Tribal Council, Inc. (TCFBCI).

CITY OF TAGUM
Under the Civil Code ,USUFRUCT gives a right to enjoy the property of
another for a certain period of time with the obligation of preserving its form and
substance, or subject to the conditions imposed by the owner of the property.
With this, upon examining, the intent and goal of TCFBCI to preserve and
promote our cultural heritage will not be affected if a DEED of USUFRUCT is
executed instead of a DEED of DONATION, also not abridging the Citys
properties.

City Legal Officer
December 10 , 2013

CITY OF TAGUM
City Mayor
Tagum City
RE:
Deed of Usufruct Tagum City

Federation of Barangay Tribal
Council
Sir:
After thorough examination, the subject Deed of Usufruct between the City
Government of Tagum and the Tagum City Federation of Barangay Tribal Council
(TCFBTC) is in conformity and in accordance with law.
Hence the undersigned recommends that the City Mayor in behalf of the
Local Government of Tagum, may sign the Deed of Usufruct , subject to his full
discretion.
May you find these findings satisfactory.
ATTY. ROLAND G. TUMANDA

Assistant City Legal Officer

City Legal Officer
It could be fairly inferred from the foregoing that . . . . .

In line with this, it is also suggested. . . .
Verily, it is fundamental that . . .
Relative to the abovementioned subject matter, . . .
From the foregoing, it is, therefore, recommended
One of the notable changes introduced in the 1997 Revised Rules of Procedure
Explicit provisio

CITY OF TAGUM
Promulgation of an Implementing Rules and Regulations comes as a matter of

course by virtue of an enacted law or ordinance. Normally, an ordinance explicitly
authorizes the issuance of an implementing rules by the executive order to that
effect, and it is not a power exclusively legislative in character.

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Republic of the Philippines

Province of Davao del Norte

ATTY. RANDY E. DE GALA

August 15, 2016

1 PEZA vs. COA, G.R. No. 189767

Republic of the Philippines

ATTY. RANDY E. DE GALA

Republic of the Philippines

Executive orders Acts of the President providing for rules of a general or

G.R. No. 167930 --- Bayan Muna Representatives Satur C. Ocampo, et

5PEZA vs. COA, G.R. No. 189767

Republic of the Philippines

Executive orders Acts of the President providing for rules of a general or

G.R. No. 167930 --- Bayan Muna Representatives Satur C. Ocampo, et

Republic of the Philippines

ATTY. RANDY E. DE GALA

Republic of the Philippines

August 11, 2016

ATTY. RANDY E. DE GALA

Republic of the Philippines

August 11, 2016

Republic of the Philippines

ATTY. RANDY E. DE GALA

7 PEZA vs. COA, G.R. No. 189767

Republic of the Philippines

ATTY. RANDY E. DE GALA

Republic of the Philippines

ATTY. RANDY E. DE GALA

Republic of the Philippines

ATTY. RANDY E. DE GALA

9 PEZA vs. COA, G.R. No. 189767

Republic of the Philippines

ATTY. RANDY E. DE GALA

Republic of the Philippines

July 29, 2016

ATTY. RANDY E. DE GALA

Republic of the Philippines

July 29, 2016

Republic of the Philippines

ATTY. RANDY E. DE GALA

July 21, 2016

Republic of the Philippines

ATTY. RANDY E. DE GALA

July 21, 2016

Republic of the Philippines

ATTY. RANDY E. DE GALA

July 21, 2016

Republic of the Philippines

ATTY. RANDY E. DE GALA

July 20, 2016

Republic of the Philippines

Republic of the Philippines

ATTY. RANDY E. DE GALA

July 15, 2016

Republic of the Philippines

ATTY. RANDY E. DE GALA

July 15, 2016

Republic of the Philippines

ATTY. RANDY E. DE GALA

July 15, 2016

ORDINANCE GRANTING BURIAL ASSISTANCE

Republic of the Philippines

ATTY. RANDY E. DE GALA