With the facts under consideration for this opinion (Excerpts from
the Journal of Proceedings and the Legal Opinion of the
Provincial Legal Officer as attached herewith), I am in the notion to uphold the validity of Ordinance No.11 Series of 2016 exempting CARP-covered lands from the coverage of Ordinance No.14 Series of 2012, because of this reason:
Ordinance No. 11 Series of 2016 is only a curative ordinance.
According to Black Law Legal Dictionary, a CURATIVE
STATUTE is intended to cure (that is, to obviate the ordinary legal effects or consequences of) defects, errors, omissions, or irregularities. Applied particularly to statutes, a curative act being a retrospective law passed in order to validate legal proceedings, the acts of public officers, or private deeds or contracts, which would otherwise be void for defects or irregularities or for want of conformity to existing legal requirements.
- Ordinance No. 14 Series of 2012, in one of its provisions,
states that the DAR can only process the distribution of lands to its beneficiaries UPON CLEARANCE from the city government.
- Said provision in the ordinance is on its face contrary to
the Comprehensive Agrarian Reform Law (CARL) which is a national law that empowers DAR in the distribution of CARP-covered agricultural lands strictly observing the method and standard of distribution set forth on it. A rule in law interpretation states that an ordinance enacted by the local legislature cannot overcome a national law enacted by the national legislature. Therefore, the procedure in Ordinance 14 cannot be interpreted as an addition to the procedure in CARL.
- The power delegated to the City is only limited to lands
enumerated under PD 957 and BP 220 which are residential, commercial and industrial lands but do not include CARP-covered lands. A rule in law interpretation states that what is not EXPRESSLY included in the enumeration cannot be included by mere inference and is deemed excluded. Therefore, the coverage of Ordinance 14 is only limited to residential, commercial and industrial lands and does not include CARP-covered lands.
- Notwithstanding the fact, Ordinance 14 is already in effect
for 4 years now. The proper venue to question its validity is a court of law, not the Sanggunian Panlalawigan.
- However, the enactment of Ordinance 11, the one under
issue, has impliedly repealed the provision in Ordinance 14 that requires DAR to secure a license/permit from the City Government. In other words, the Sangguniang Panlungsod of Koronadal cured the defect they may have seen in the course of their review by passing a curative ordinance. This interpretation is acceptable under the rules on law interpretation because the Sanggunian also enjoys the presumption of regularity and all interpretation must be in favour of upholding an ordinance rather than to easily struck it down by simple construction.