Republika ng Pilipinas

Provincial Government of Palawan

Puerto Princesa City
Provincial Legal Office
1st ENDORSEMENT
PLO NO. SP 2017-045
March 29, 2017

Respectfully returning to MS. MARGIE G. ONDIONG, Board Secretary IV of the

Office of the Secretary to the Sanggunian the herein resolution “Resolution No.
72-2017 of the Sangguniang Bayan of Magsaysay, Palawan, entitled, A
Resolution Approving and Adopting the Revised Market and Slaughterhouse
Code of Magsaysay, Palawan (2017)” with the following comments/legal
opinion, to wit:

This has reference to your endorsement to this office of the entitled Resolution
No. 72-2017 “A Resolution Approving and Adopting the Revised Market and
Slaughterhouse Code of Magsaysay, Palawan (2017)”for comment/legal
opinion.

The enactment of Resolution No. 72-2017 of the Sangguniang Bayan of

Magsaysay, Palawan approving and adopting Ordinance No. 2017-145 “An
Ordinance Revising the Market and Slaughterhouse Code of Magsaysay (2017)”
is, for all intents and purposes, legal and valid. An examination of its provisions
revealed nothing that is contrary to law, morals, good customs, public order and
public policy.

Its enactment is in accord with the powers and functions granted to local
government units under the Local Government Code of 1991 which provides:

SECTION 468- Powers, Duties, Functions and Compensation.

a) The Sangguniang Panlalawigan, as the legislative body of the
province, shall enact ordinances, approve resolutions and appropriate funds for
the general welfare of the province and its inhabitants pursuant to Section 16 of
this Code in the proper exercise of the corporate powers of the province as
provided for under Section 22 of this Code, and shall:

(1)Approve ordinances and pass resolutions necessary for an

efficient and effective provincial government and, in this
connection, shall:
xxx
iii. Approve ordinances imposing a fine not exceeding Five
thousand pesos (P5,000.00) or imprisonment not exceeding one (1)
year, or both in the discretion of the court, for the violation of a
provincial ordinance.”
xxx
vi. Protect the environment and impose appropriate penalties
for acts which endanger the environment, xxx
xxx

(5)Approve ordinances which shall ensure the efficient and

effective delivery of basic services and facilities as provided for

PLO/Anjo/04.05.17/LO-Market&SlaughterCodeofMagsaysay
 under Section 17 of this Code, and, in addition to said services and
facilities, shall:

i. Adopt measures and safeguards against pollution and for

the preservation of the natural ecosystem in the province, in
consonance with approved standards on human settlements and
environmental sanitation;
xxx

SECTION 16. General Welfare.- Every local government unit shall

exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which are essential to the
promotion of the general welfare.

Section 17 (ix) of the same Code further empowers the local

government units to discharge its “other functions and responsibilities as
are necessary, appropriate, or incidental to efficient and effective
provision of the basic services and facilities” which include “public
markets, slaughterhouses and other municipal enterprises.”

As to the fees and charges imposed by Ordinance No. 2017-145, the Local
Government Code expressly gives the local government units the power to
create its sources of revenue, to wit:

SECTION 129. Power to Create Sources of Revenue. - Each local

government unit shall exercise its power to create its own sources of
revenue and to levy taxes, fees, and charges subject to the provisions
herein, consistent with the basic policy of local autonomy. Such taxes,
fees and charges shall accrue exclusively to the local government units.

In sum, this office deems the enactment of the aforecited resolution to be a

valid exercise of the powers and functions of the Sangguniang Bayan of
Magsaysay, Palawan.

Respectfully submitted.

FOR AND BY AUTHORITY OF

THE PROVINCIAL LEGAL OFFICER

ATTY. MARY JOY M. ORDANEZA

Attorney IV

Noted by:

ATTY. TEODORO JOSE S. MATTA

Provincial Legal Officer

PLO/Anjo/04.05.17/LO-Market&SlaughterCodeofMagsaysay