July 1, 2014

ATTY. VERNA T. NAVA-PEREZ

Secretary to the Sangguniang Panlalawigan

Lingayen, Pangasinan

Dear Atty. Perez:This refers to your 1st Indorsement requesting legal opinion and recommendation on Ordinance No. 03-2014, of the Sangguniang Bayan of Rosales, Pangasinan, entitled: AN ORDINANCE FORMALLY ESTABLISHING THE ROSALES INFIRMARY UNIT AND UPGRADING THE SAME TO FIRST LEVEL COMMUNITY HOSPITAL.

At the onset, the upgrading of a Rosales Infirmary Unit to First Level Community Hospital by the Municipal Government of Rosales finds support from the following provisions of the Local Government Code of 1991, to quote:

Sec. 447.Powers, Duties, Functions and Compensation.(a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code, and shall:

(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: x xxx

(xiv) Provide for the care of paupers, the aged, the sick, persons of unsound mind, disabled persons, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age and, subject to availability of funds, establish and provide for the operation of centers and facilities for said needy and disadvantaged persons.The local governments fundamental concern is to better serve the sick and the needy people of Rosales and nearby municipalities, the need to upgrade the Infirmary Clinic to a level I Community Hospital has become necessary.

However, with all due respect, undersigned wishes to clarify some provisions of the subject ordinance. With respect to Section 3, it is stated that The new location of the Rosales Infirmary Unit/Community Hospital shall be at the back of the Roman Catholic Church along Pine Street, this municipality. Undersigned is in quandary as to the status of the land where the new building will be located or constructed. It is provided that the new building will be located at the back of the Roman Catholic Church. However, it was not stated whether the said site is a property of the Local Government Unit in its patrimonial capacity. Clarification on this matter is respectfully requested.Moreover, with respect to Section 4 on Appropriation, it is stated that, Appropriation for the needs and appropriate services of the Rosales Infirmary Unit/Community Hospital shall be included in the municipal budget to be approved by the Sangguniang Bayan. The amount and source/s of funds from which the appropriation will be drawn, however was not mentioned with particularity in the ordinance. Neither is there a certification from the Local Finance Committee as to the availability of the funds for the purpose. Again, with all due respect, a proper appropriation ordinance must indicate the source from which the funds will be taken or will come from.

Also, the effectivity of the ordinance is governed by Section 59 (b) of the Local Government Code of 1991 (RA 7160) hereunder quoted in part:

Sec. 59.Effectivity of Ordinances or Resolutions. x xx

(b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal, or barangay hall in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.

Apparently, the honorable body did not yet submit or attach proof to show that posting of the ordinance has already been effected. In the absence of such, the subject ordinance cannot be considered valid and effective for the meantime. Compliance therefore is hereby enjoined.

Premises considered, undersigned is of the opinion that the enactment of the subject ordinance is within the conferred powers of the Sangguniang Bayan of origin, subject to the submission of the proof of posting, as a requirement of the law. Certification from the Local Finance Committee is likewise requested to be submitted by the august body.

Thank you.

Very truly yours,

GERALDINE UBANA-BANIQUED