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    LETTER To DILG XI For Legal Opinion Edit 2

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    lyndon melvi sumiog
    The Provincial Legal Office of Davao de Oro is requesting guidance from the Regional Director of the Department of Interior and Local Government on three issues regarding a municipal ordinance from Maco, Davao de Oro. The ordinance allows community service as an optional penalty for those unable to pay administrative fines. The legal office asks 1) if community service is a valid penalty, 2) if a reviewing board can approve some parts of an ordinance but disapprove other parts, and 3) the impact if an implemented ordinance is later disapproved by the reviewing board.

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    LETTER To DILG XI For Legal Opinion Edit 2

    Uploaded by

    lyndon melvi sumiog
    122 views2 pages
    The Provincial Legal Office of Davao de Oro is requesting guidance from the Regional Director of the Department of Interior and Local Government on three issues regarding a municipal ordinance from Maco, Davao de Oro. The ordinance allows community service as an optional penalty for those unable to pay administrative fines. The legal office asks 1) if community service is a valid penalty, 2) if a reviewing board can approve some parts of an ordinance but disapprove other parts, and 3) the impact if an implemented ordinance is later disapproved by the reviewing board.

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    LETTER to DILG XI for Legal Opinion Edit 2

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    The Provincial Legal Office of Davao de Oro is requesting guidance from the Regional Director of the Department of Interior and Local Government on three issues regarding a municipal ordinance from Maco, Davao de Oro. The ordinance allows community service as an optional penalty for those unable to pay administrative fines. The legal office asks 1) if community service is a valid penalty, 2) if a reviewing board can approve some parts of an ordinance but disapprove other parts, and 3) the impact if an implemented ordinance is later disapproved by the reviewing board.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    122 views2 pages

    LETTER To DILG XI For Legal Opinion Edit 2

    Uploaded by

    lyndon melvi sumiog
    The Provincial Legal Office of Davao de Oro is requesting guidance from the Regional Director of the Department of Interior and Local Government on three issues regarding a municipal ordinance from Maco, Davao de Oro. The ordinance allows community service as an optional penalty for those unable to pay administrative fines. The legal office asks 1) if community service is a valid penalty, 2) if a reviewing board can approve some parts of an ordinance but disapprove other parts, and 3) the impact if an implemented ordinance is later disapproved by the reviewing board.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PROVINCIAL LEGAL OFFICE

    12 October 2020

    Dir. Alex C. Roldan, CESO V


    Regional Director
    Department of Interior and Local Government XI
    Davao City

    Dear Sir:

    This is in reference to the Municipal Ordinance No. 17 series of 2020 of


    Maco, Davao de Oro, otherwise known as “ORDINANCE PROVIDING FOR
    THE PROSEDURE IN CASE OF VIOLATION OF MUNICIPAL ORDINANCES
    IMPOSING FINES AND PENALTIES, which is currently under review before
    the Sangguniang Panlalawigan of Davao de Oro. The ordinance imposes
    community service as an optional penalty if the violator cannot pay the
    imposed fine. Section 6 thereof provides:

    SECTION 6. COMMUNITY SERVICE.


    a. In case of inability to pay the fine, the violator may render
    community service as provided for in the Ordinance violated.
    b. The Punong Barangay where violator resides, shall determine the
    kind of community service that will be required of the violator and
    shall administer the same.
    c. After the completion of the community service, the Punong
    Barangay within five (5) days shall issue Completion Certificate to
    the violator who shall submit the same to the apprehending
    enforcer, and who shall consider the case closed. Non-completion of
    the community service as certified to by the Punong Barangay shall
    be deemed a waiver on the part of the violator to still avail of the
    same and the case shall proceed accordingly.
    d. The provision on community service can be availed of only for three
    (3) times by any violator.
    By virtue of the effectivity clause as provided in Section 16 thereof, the
    ordinance took effect while still under deliberation by the provincial board.

    We already have rendered legal opinion when the Sanggunian sought for
    our view on the matter. However, to further shed light and be clarified
    accordingly, we would like to ask for your guidance and legal opinion on
    the following issues:

    Provincial Legal Office, 2nd Floor, Executive Building, Provincial Capitol Complex, Cabidianan, Nabunturan, Davao de Oro
    PROVINCIAL LEGAL OFFICE

    1. Whether or not community service, as an optional penalty for


    administrative fines which forms part of the corrective measure and
    thus within the ambit of the General Welfare Clause, can be validly
    imposed.
    2. Whether or not the reviewing board, the Sangguniang Panlalawigan,
    can validly approve portion and disapprove in part an ordinary
    legislation such as the aforementioned ordinance.
    3. What would be the effect of the Municipal Ordinance that has been
    duly approved, effective and implemented by the Municipal Council
    but has been subsequently disapproved by the Sangguniang
    Panlalawigan? What would be the impact as to the violations
    committed, and as to the administrative fines collected, how are
    they treated?

    We hope to hear from you soon and shed us some light on the prevailing
    issues at hand.

    Thank you and more power.

    Very truly Yours,

    Atty. Niel John A. Villarico


    Provincial Legal Officer-Davao de Oro

    Provincial Legal Office, 2nd Floor, Executive Building, Provincial Capitol Complex, Cabidianan, Nabunturan, Davao de Oro

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