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. 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.
Within their respective territorial jurisdictions, local go
vernment units 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.
There is a requirement that the ordinances should not
contravene a statute. Municipal governments are only
agents of the national government. Local councils exercise
only delegated legislative powers conferred on them
by Congress as the national lawmaking body. The delegate
cannot be superior to the principal or exercise powers higher
than those of the latter. It is a heresy to suggest that the
local government units can undo the acts of Congress, from
which they have derived their power in the first place, and
negate by mere ordinance the mandate of the statute.
Casino gambling is authorized by P.D. 1869. This decree has
the status of a statute that cannot be amended or nullified
by a mere ordinance.
[G.R. No. 129093. August 30, 2001.]
1.
NO. The history of Section 70 reveals a conscious effort on the part
of our lawmakers to institute an alternative mode of initiating recall apart
from the old means of commencement of the process solely by the people.
The lawmakers had observed that the mode was almost impossible to
implement and had been poorly used, thus precipitating the enactment of
Section 3 Article X, which sought to provide for a more responsible and
accountable system of decentralization with effective means of recall
There is nothing in the Constitution that suggests that the power to
initiate recall proceedings is the sole and exclusive prerogative of the
people. Congress was given the power to choose the mechanism of recall
without limit as to the number of modes and with the requisite only that the
same be effectiveand it has in its wisdom provided for one that can be
initiated by either a preparatory recall assembly or the people themselves.
Indeed, there is no great difference between the two, as recall proceedings
initiated by the recall assembly is also initiation by the people, albeit done
indirectly through their representatives.
2.
NO. Petitioners contend that Section 70 violates the equal protection
clause for being prejudicial to the minority, since the majority can always
constitute itself into a PRA and render ineffectual the popular mandate of an
elective official by initiating recall proceedings. These are fears that do not
provide sufficient ground to declare a law unconstitutional. All powers are
susceptible of abuse; the mere possibility however does not mean that the