LGUS not sovereign over the state

CEBU, Philippines — “While Section 2(c) of the LGC (Local Government Code) requires all national agencies and offices to conduct periodic consultations with appropriate local government units, non- governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions, this does not apply to all projects and programs of the national government,” Remulla explained.

The Supreme Court has interpreted Section 2(c) of the LGC to only apply to "national government projects affecting the environmental or ecological balance of the particular community implementing the projects.

“In our system of government, the power of the local government units to legislate and enact ordinances and resolutions is merely a delegated power coming from Congress and these should not contravene an existing statute enacted by Congress as the delegate cannot be superior to the principal on exercise powers higher than those of the latter…Ours is still a unitary form of government not a federal state,” Remulla said.

With this, any form of autonomy granted to local governments will necessarily be limited and confined within the extent allowed by the central authority.

“Besides, the principle of local autonomy under the 1987 Constitution simply means "decentralization." It does not make local governments sovereign within the state or an "imperium in imperio," Remulla added.

As far as the penal provision of Ordinance No. 2023-02, is concerned, there is no legal basis to it as well, according to Remulla.

“The Secretary of Justice, time and again, desisted from passing upon issues that have already been the subject of official action by other officials/officers whose actuations he possesses no revisory authority. This rule arises not only from practical considerations but also out of due respect and deference for the competence and expertise of the office having primary jurisdiction to resolve the matter for its familiarity with the policy repercussions of the question as well as from logical recognition of the lawful exercise of an authority conferred by law,” Remulla said. — (FREEMAN)