Section 5. Rules of Interpretation. - in The Interpretation of The Provisions of This
Section 5. Rules of Interpretation. - in The Interpretation of The Provisions of This
Section 5. Rules of Interpretation. - in The Interpretation of The Provisions of This
Sec 16
Sec 19
Sec 20
What is it?
General
Welfare
(Police
Power)
Eminent
Domain
Reclassfication of
Land
Can it be repealed?
Yes
Yes
Yes
Is it a constitutional
power given to LGU?
No
No
No
Q2.4: Can there be genuine local autonomy without police power?
Q2.5: What is local autonomy?
Local autonomy means a more responsive and accountable local
government structure instituted through a system of decentralization
(Section 3, Article X, 1987 Constitution; Section 2[a], 1991 LGC;
Ganzon vs. Court of Appeals, G.R. No. 93252, August 5, 1991).
Q3: What is Sec 5 (of LGC)?
(b) In case of doubt, any tax ordinance or revenue measure shall be construed
strictly against the local government unit enacting it, and liberally in favor of the
taxpayer. Any tax exemption, incentive or relief granted by any local government
unit pursuant to the provisions of this Code shall be construed strictly against the
person claiming it.
(c) The general welfare provisions in this Code shall be liberally interpreted to give
more powers to local government units in accelerating economic development and
upgrading the quality of life for the people in the community;
(d) Rights and obligations existing on the date of effectivity of this Code and arising
out of contracts or any other source of presentation involving a local government
unit shall be governed by the original terms and conditions of said contracts or the
law in force at the time such rights were vested; and
(e) In the resolution of controversies arising under this Code where no legal provision
or jurisprudence applies, resort may be had to the customs and traditions in the
place where the controversies take place.
Q3.1: When do we use Sec 5?
When there is doubt.
Q3.2: When do we NOT use Sec 5?
When the law is clear.
Q3.3: Any type of ordinance construed against the LGU?
Eminent Domain which is construed against condemnor. In this case,
the LGU
Q4: How come there was a different ruling between the water rights
case (Buendia vs City of Iligan) and the power to abolish case (Javier
vs CA)?
The provision in the city charter on the local power to provide for the
maintenance of waterworks for supplying water to the inhabitants of
the city does not carry with it the right and authority to appropriate
water. (Buendia vs. City of Iligan) --- it does not give them power to
appropriate
While the law did not expressly vest on LGUs the power to abolish
that office, absent, however, any contrary provision, that authority
should be deemed embraced by implication from the power to create
it (Javier vs. Court of Appeals, G.R. No. L-49065, June, 1, 1994). --
power to create implies power to abolish.
The reason why they are different: because there is another entity in
water rights board who has jurisdiction and not the lgu. NWRDs
charter is very clear -- its the ONLY agency that has the
power/authority to appropriate water
Q5: What is police power?
Police power is the plenary power vested in the legislature to make
statutes and ordinances to promote the health, morals, peace,
education, good order or safety and general welfare of the people.
The State, through the legislature, has delegated the exercise of
police power to LGUs, as agencies of the State. This delegation of
police power is embodied in Section 16 of the 1991 LGC, known as
the General Welfare Clause (Fernando v. St. Scholasticas College,
G.R. No. 161107, March 12, 2013).
Q5.1: Was it given by congress?
Police power of LGs is a statutory delegated power under Section 16
of the 1991 LGC. The general welfare clause is the delegation in
statutory form of the police power of the State to LGs (Manila vs.
Laguio, G.R. No. 118127, April 12, 2005; Ermita-Malate Hotel and
Motel Operations Association, Inc., vs. Mayor of Manila, G.R. No. L24693, July 31, 1967).
Q5.2: What should we expect from LGUs?
They are dual agents, agents of the state and of the people. We
expect them to make statutes and ordinances to promote the health
morals peace and order education and security
Q5.3: What is the wisdom behind the incorporation of Sec 16?
General welfare clause is a delegation in statutory form of the grant
of police power
Section 16 of the 1991 LGC states: 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