LAW ON LOCAL GOVERNMENTS: POLICE POWER OF LOCAL GOVERNMENT UNITS (LGUs)
I. Legal Basis for Police Power of LGUs
1. The 1987 Constitution
Article X, Section 5 of the 1987 Philippine Constitution grants Local Government Units (LGUs) the authority to exercise police power. It provides that “each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy.”
2. Local Government Code of 1991 (Republic Act No. 7160)
The Local Government Code (LGC) serves as the enabling law for the exercise of LGU powers, particularly police power.
- Section 16 (General Welfare Clause) – It is the most important provision in the Local Government Code in relation to police power. This clause 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 essential to the promotion of the general welfare."
- It continues, "LGUs shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants."
This broad provision encapsulates the police power of LGUs, allowing them to enact ordinances to promote the general welfare of the community.
II. Nature and Scope of Police Power
1. Definition of Police Power
Police power is the inherent power of the state to regulate behavior and enforce order within its territory to ensure public welfare, health, safety, and morals. When exercised by LGUs, this power must be consistent with the local autonomy guaranteed by the Constitution and the limitations set by national law.
2. Scope of LGU’s Police Power
The exercise of police power by LGUs covers a wide range of regulatory measures that aim to promote the general welfare. These include, but are not limited to:
- Public safety – Ordinances concerning traffic regulations, fire safety measures, regulation of public utilities, prevention of crimes, etc.
- Public health – Regulations on sanitation, control of infectious diseases, garbage disposal, regulation of businesses affecting health (e.g., slaughterhouses, restaurants), quarantine measures.
- Public morals – Ordinances against gambling, prostitution, and establishments that promote vice.
- Public convenience – Regulations on transportation, market operations, and other services that affect the daily convenience of the residents.
- Environmental protection – Ordinances that control pollution, protect ecological balance, and regulate the use of natural resources.
III. Requisites for a Valid Exercise of Police Power by LGUs
For an ordinance or regulation issued by an LGU to be considered a valid exercise of police power, it must meet the following requisites:
1. Lawful Subject
The subject of the ordinance must be within the scope of the LGU’s police power, meaning that it must pertain to public health, safety, morals, welfare, or convenience. The objective must align with the promotion of the general welfare of the local government unit.
2. Lawful Means
The ordinance or regulation must be reasonable and not oppressive. It must not unduly infringe on constitutional rights and should employ means that are reasonably necessary to achieve its purpose.
3. Territorial Application
An ordinance enacted under police power by an LGU can only have effect within its territorial jurisdiction. The power must be exercised within the geographical limits of the local government.
IV. Limitations on the Exercise of Police Power
Despite the wide latitude granted to LGUs, their exercise of police power is subject to several limitations:
1. Subordination to National Law
Ordinances or regulations passed by LGUs must not contravene national laws or policies. If there is a conflict between an ordinance and a national statute, the latter will prevail. For example, local ordinances that contradict the provisions of laws like the Clean Air Act (R.A. 8749) or Anti-Violence Against Women and Children Act (R.A. 9262) will be deemed void.
2. Respect for Constitutional Rights
The exercise of police power must not infringe upon constitutional rights, such as the right to due process, equal protection, or freedom of speech. Any ordinance that violates these rights may be struck down by the courts.
3. Requirement of Due Process and Equal Protection
Ordinances must comply with the requirements of due process. This means that there must be sufficient public hearings or consultations, and affected individuals or entities must be given notice. The ordinance must also apply equally to all persons or entities similarly situated to avoid a violation of the equal protection clause.
V. Legislative and Executive Aspects of Police Power in LGUs
1. Legislative Power
The Sanggunians (Sangguniang Bayan, Sangguniang Panlungsod, Sangguniang Panlalawigan) are the legislative bodies of local governments. They are empowered under the Local Government Code to pass ordinances that regulate aspects of local life. Through these ordinances, the Sanggunian exercises police power on behalf of the LGU.
2. Executive Power
The Local Chief Executive (Governor, Mayor, or Barangay Captain) implements these ordinances. For instance, a mayor may issue executive orders to regulate traffic or market operations, which are considered part of police power when carried out pursuant to an ordinance or national law.
VI. Judicial Review of Police Power Ordinances
While LGUs enjoy a wide scope of discretion in the exercise of police power, their acts are subject to judicial review. Courts can strike down ordinances or executive actions that are:
- Ultra vires (beyond the powers of the LGU),
- Unreasonable or oppressive, or
- In violation of constitutional rights or national statutes.
The courts will examine whether the ordinance serves a legitimate public interest, whether the means employed are reasonable, and whether the ordinance respects the fundamental rights of individuals.
VII. Specific Illustrations of LGU Police Power
Traffic Regulations
LGUs regularly pass ordinances regulating traffic, such as setting speed limits, prescribing routes for vehicles, or prohibiting certain types of vehicles from using specific roads. These ordinances aim to promote public safety.Sanitation Ordinances
LGUs have the authority to regulate public markets, restaurants, slaughterhouses, and other establishments affecting public health. These regulations may include setting hygiene standards, waste disposal requirements, and health certificates for workers.Regulation of Business Establishments
LGUs may require business permits and impose regulations on businesses within their jurisdiction. They can regulate the operation of entertainment venues, alcohol sale restrictions, or zoning ordinances that control where certain businesses can operate.Environmental Protection
Some LGUs have passed ordinances banning the use of plastic bags or regulating waste disposal to protect the environment and promote public welfare. Such measures, when reasonable and in line with national environmental laws, are a valid exercise of police power.
VIII. Conclusion
The police power of Local Government Units is an indispensable part of their role in governance and in promoting the general welfare of their constituents. While broad in scope, this power is tempered by national law, the Constitution, and the requirements of reasonableness, equality, and fairness. Through ordinances and regulations, LGUs can address local concerns on public health, safety, morals, and convenience, all in the name of public interest and community welfare.