Legal Opinion Hypertension and Diabetes Club Glan

 

Republic of the Philippines Province of Sarangani PROVINCIAL LEGAL OFFICE

Ground Floor, JLC Building, Capitol Complex, Alabel, Sarangani Province E-mail: [email protected]

5 June 2020

To

:

Subject :

HON. IRISH LOUIE D. ARNADO

Board Member  Chairman, Committee on Health, Nutrition and Sanitation Sarangani Province

  FR0M    

LEGAL OPINION NO. 2020-0046

:

ATTY. EDWIN E. TORRES

Provincial Provincial Legal Office Sarangani Province AN ORDINANCE CREATING THE HYPERTENSION AND DIABETES CLUB OF THE MUNICIPALITY OF GLAN, SARANGANI PROVINCE PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES

 ____________  ______ _____________ ______________ ______________ ______________ ______________ _____________ _____________ ______________ _____________ _________  ___  Ma’am: We acknowledge receipt of your letter dated 26 May 2020 requesting for a legal opinion on the abovementioned ordinance. We have thoroughly reviewed said ordinance. We also did a comprehensive comprehensive research as to the legal bases of the same. As a result, we were able to ascertain that said ordinance is compliant with Department of Health (DOH) Administrative Order No. 0014 series of 2016, otherwise known as the “Implementing “Implementing Guidelines on the Organization of Health Clubs for Patients with Hypertension and Diabetes in Health Facilities”. Facilities ”. The ordinance is also not in violation of any law, regulation or the Constitution, as each sanggunian is vested with the power by the Local Government Code to enact local ordinances with lawful subjects and the Constitution itself  guarantees local autonomy to local government units. However, we noticed that the way the separabil separability ity clause is written is not in order. It is because it has lumped or combine combined d toge togethe therr the provisions provisions that must be written written separately separately in the repealing and separability clauses. It is highly recommended that repealing and separability clauses be written in said ordinance. Also, these clauses must pertain to the provisions of the “ordinance” itself and not of AO 2016-0014.

Thank you and Sulong Sarangani!

Very truly yours,

ATTY. EDWIN E. TORRES

Provincial Legal Officer 

"Kilos Abante, Rehiyon Dose.” 

File: JOHN