POLICE POWER

Section 16: GENERAL WELFARE CLAUSE

 Every local government unit shall exercise:
o The powers expressly granted,
o Those necessarily implied there from,
o As well as powers necessary, appropriate, or incidental for its efficient and effective governance, and
o Those which are essential to the promotion of the general welfare.
 Within their respective territorial jurisdictions, local government units shall ensure and support, among other things:
1. The preservation and enrichment of culture,
2. Promote health and safety,
3. Enhance the right of the people to a balanced ecology,
4. Encourage and support the development of appropriate and self-reliant scientific and technological capabilities,
5. Improve public morals,
6. Enhance economic prosperity and social justice,
7. Promote full employment among their residents,
8. Maintain peace and order, and
9. Preserve the comfort and convenience of their inhabitants.

The Sangguniang Barangay The Sangguniang Bayan The Sangguniang Panlungsod The Sangguniang Panlalawigan
SECTION. 391. Powers, Duties, and SECTION. 447. - Powers, Duties, Functions SECTION. 458. - Powers, Duties, SECTION. 468. Powers, Duties, Functions
Functions. and Compensation. Functions and Compensation. and Compensation.

The Sangguniang Barangay, as the (a) The Sangguniang Bayan, as the (a) The Sangguniang Panlungsod, as the (a) The Sangguniang Panlalawigan, as the
legislative body of the Barangay, shall: legislative body of the municipality, shall legislative body of the city, shall enact legislative body of the province, shall enact
enact ordinances, approve resolutions and ordinances, approve resolutions and ordinances, approve resolutions and
(a) Enact ordinances as may be necessary appropriate funds for the general welfare appropriate funds for the general welfare appropriate funds for the general welfare
to discharge the responsibilities conferred of the municipality and its inhabitants of the city and its inhabitants pursuant to of the province and its inhabitants
upon it by law or ordinance and to pursuant to section 16 of this Code and in section 16 of this Code and in the proper pursuant to Section 16 of this Code and in
promote the general welfare of the the proper exercise of the corporate exercise of the corporate powers of the the proper exercise of the corporate
inhabitants therein; powers of the municipality as provided for city as provided for under section 22 of this powers of the province as provided for
under section 22 of this Code, and shall: Code, and shall: under Section 22 of this Code, and shall:
(b) Enact tax and revenue ordinances,
subject to the limitations imposed in this (1) Approve ordinances and pass (1) Approve ordinances and pass (1) Approve ordinances and pass
Code; resolutions necessary for an efficient and resolutions necessary for an efficient and resolutions necessary for an efficient and
effective municipal government, and in this effective city government, and in this effective provincial government and, in this
(c) Enact annual and supplemental budgets connection shall: connection, shall: connection, shall:
in accordance with the provisions of this
Code; (i) Review all ordinances approved by the (i) Review all ordinances approved by the (i) Review all ordinances approved by the
Sangguniang Barangay and executive Sangguniang Barangay and executive sanggunians of component cities and
(d) Provide for the construction and orders issued by the Punong Barangay to orders issued by the Punong Barangay to municipalities and executive orders issued
maintenance of Barangay facilities and determine whether these are within the determine whether these are within the by the mayors of said component units to
other public works projects chargeable to scope of the prescribed powers of the scope of the prescribed powers of the determine whether these are within the
the general fund of the Barangay or such sanggunian and of the Punong Barangay; sanggunian and of the Punong Barangay; scope of the prescribed powers of the
other funds actually available for the sanggunian and of the mayor;
purpose; (ii) Maintain peace and order by enacting (ii) Maintain peace and order by enacting
measures to prevent and suppress measures to prevent and suppress (ii) Maintain peace and order by enacting
(e) Submit to the Sangguniang Panlungsod lawlessness, disorder, riot, violence, lawlessness, disorder, riot, violence, measures to prevent and suppress
or Sangguniang Bayan such suggestions or rebellion or sedition and impose penalties rebellion or sedition and impose penalties lawlessness, disorder, riot, violence,
recommendations as it may see fit for the for the violation of said ordinances; for the violation of said ordinances; rebellion or sedition and impose penalties
improvement of the Barangay or for the for the violation of said ordinances;
welfare of the inhabitants thereof; (iii) Approve ordinances imposing a fine (iii) Approve ordinances imposing a fine
not exceeding Two thousand five hundred not exceeding Five thousand pesos (iii) Approve ordinances imposing a fine
(f) Assist in the establishment, pesos (P=2,500.00) or an imprisonment for (P5,000.00) or an imprisonment for a not exceeding Five thousand pesos
organization, and promotion of a period not exceeding six (6) months, or period not exceeding one (1) year, or both (P=5,000.00) or imprisonment not
cooperative enterprises that will improve both in the discretion of the court, for the in the discretion of the court, for the exceeding one(1) year, or both in the
the economic condition and well-being of violation of a municipal ordinance; violation of a city ordinance; discretion of the court, for the violation of
the residents; (iv) Adopt measures to protect the a provincial ordinance;
(iv) Adopt measures to protect the inhabitants of the city from the harmful
(g) Regulate the use of multi-purpose halls, inhabitants of the municipality from the effects of man-made or natural disasters (iv) Adopt measures to protect the
multi- purpose pavements, grain or copra harmful effects of man-made or natural and calamities, and to provide relief inhabitants of the province from the
dryers, patios and other post-harvest disasters and calamities and to provide services and assistance for victims during harmful effects of man-made or natural
facilities, Barangay waterworks, Barangay relief services and assistance for victims and in the aftermath of said disasters or disasters and calamities, and to provide
markets, parking areas or other similar during and in the aftermath of said calamities and their return to productive relief services and assistance for victims
facilities constructed with government disasters or calamities and their return to livelihood following said events; during and in the aftermath of said
funds within the jurisdiction of the productive livelihood following said events; disasters and calamities and their return to
Barangay and charge reasonable fees for (v) Enact ordinances intended to prevent, productive livelihood following said events;
the use thereof; (v) Enact ordinances intended to prevent, suppress and impose appropriate penalties
suppress and impose appropriate penalties for habitual drunkenness in public places, (v) Enact ordinances intended to prevent,
(h) Solicit or accept monies, materials and for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, suppress and impose appropriate penalties
voluntary labor for specific public works vagrancy, mendicancy, prostitution, establishment and maintenance of houses for habitual drunkenness in public places,
and cooperative enterprises of the establishment and maintenance of houses of ill repute, gambling and other prohibited vagrancy, mendicancy, prostitution,
Barangay from residents, land owners, of ill repute, gambling and other prohibited games of chance, fraudulent devices and establishment and maintenance of houses
producers and merchants in the Barangay; games of chance, fraudulent devices and ways to obtain money or property, drug of ill repute, gambling and other prohibited
monies from grants-in-aid, subsidies, ways to obtain money or property, drug addiction, maintenance of drug dens, drug games of chance, fraudulent devices and
contributions, and revenues made addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, ways to obtain money or property, drug
available to the Barangays from national, pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or addiction, maintenance of drug dens, drug
provincial, city or municipal funds; and distribution or exhibition of obscene or pornographic materials or publications, pushing, juvenile delinquency, the printing,
monies from other private agencies and pornographic materials or publications, and such other activities inimical to the distribution or exhibition of obscene or
individuals: Provided, however, That and such other activities inimical to the welfare and morals of the inhabitants of pornographic materials or publications,
monies or properties donated by private welfare and morals of the inhabitants of the city; and such other activities inimical to the
agencies and individuals for specific the municipality; welfare and morals of the inhabitants of
purposes shall accrue to the Barangay as (vi) Protect the environment and impose the province;
trust fund; (vi) Protect the environment and impose appropriate penalties for acts which
appropriate penalties for acts which endanger the environment, such as (vi) Protect the environment and impose
(i) Solicit or accept, in any or all the endanger the environment, such as dynamite fishing and other forms of appropriate penalties for acts which
foregoing public works and cooperative dynamite fishing and other forms of destructive fishing, illegal logging and endanger the environment, such as
enterprises, such cooperation as is made destructive fishing, illegal logging and smuggling of logs, smuggling of natural dynamite fishing and other forms of
available by national, provincial, city, or smuggling of logs, smuggling of natural resources products and of endangered destructive fishing, illegal logging and
municipal agencies established by law to resources products and of endangered species of flora and fauna, slash and burn smuggling of logs, smuggling of natural
render financial, technical, and advisory species of flora and fauna, slash and burn farming, and such other activities which resources products and of endangered
assistance to Barangays and to Barangay farming, and such other activities which result in pollution, acceleration of species of flora and fauna, slash and burn
residents: Provided, however, That in result in pollution, acceleration of eutrophication of rivers and lakes, or of farming, and such other activities which
soliciting or accepting such cooperation, eutrophication of rivers and lakes, or of ecological imbalance; result in pollution, acceleration of
the Sangguniang Barangay need not ecological imbalance; eutrophication of rivers and lakes, or of
pledge any sum of money for expenditure (vii) Subject to the provisions of this Code ecological imbalance;
in excess of amounts currently in the (vii) Subject to the provisions of this Code and pertinent laws, determine the powers
Barangay treasury or encumbered for and pertinent laws, determine the powers and duties of officials and employees of (vii) Subject to the provisions of this Code
other purposes; and duties of officials and employees of the city; and pertinent laws, determine the powers
the municipality; and duties of officials and employees of
(viii) Determine the positions and the the province;
(viii) Determine the positions and the salaries, wages, allowances and other
salaries, wages, allowances and other emoluments and benefits of officials and (viii) Determine the positions and the
emoluments and benefits of officials and employees paid wholly or mainly from city salaries, wages, allowances and other
employees paid wholly or mainly from funds and provide for expenditures emoluments and benefits of officials and
municipal funds and provide for necessary for the proper conduct of employees paid wholly or mainly from
expenditures necessary for the proper programs, projects, services, and activities provincial funds and provide for
conduct of programs, projects, services, of the city government expenditures necessary for the proper
and activities of the municipal government; conduct of programs, projects, services,
(ix) Authorize the payment of (ix) Authorize the payment of and activities of the provincial government;
compensation to a qualified person not in compensation to a qualified person not in
the government service who fills up a the government service who fills up a (ix) Authorize the payment of
temporary vacancy or grant honorarium to temporary vacancy or grant honorarium to compensation to a qualified person not in
any qualified official or employee any qualified official or employee the government service who fills up a
designated to fill a temporary vacancy in a designated to fill a temporary vacancy in a temporary vacancy, or grant honorarium to
concurrent capacity, at the rate authorized concurrent capacity, at the rate authorized any qualified official or employee
by law; by law; designated to fill a temporary vacancy in a
concurrent capacity, at the rate authorized
(x) Provide a mechanism and the (x) Provide a mechanism and the by law;
appropriate funds therefor, to ensure the appropriate funds therefor, to ensure the
safety and protection of all municipal safety and protection of all city (x) Provide a mechanism and the
government property, public documents, government property, public documents, appropriate funds therefor, to ensure the
or records such as those relating to or records such as those relating to safety and protection of all provincial
property inventory, land ownership, property inventory, land ownership, government property, public documents,
records of births, marriages, deaths, records of births, marriages, deaths, or records such as those relating to
assessments, taxation, accounts, business assessments, taxation, accounts, business property inventory, land ownership,
permits, and such other records and permits, and such other records and records of births, marriages, deaths,
documents of public interest in the offices documents of public interest in the offices assessments, taxation, accounts, business
and departments of the municipal and departments of the city government; permits, and such other records and
government; documents of public interest in the offices
(xi) When the finances of the city and departments of the provincial
(xi) When the finances of the municipal government allow, provide for additional government; and
government allow, provide for additional allowances and other benefits to judges,
allowances and other benefits to judges, prosecutors, public elementary and high (xi) When the finances of the provincial
prosecutors, public elementary and high school teachers, and other national government allow, provide for additional
school teachers, and other national government officials stationed in or allowances and other benefits to judges,
government officials stationed in or assigned to the city; prosecutors, public elementary and high
assigned to the municipality; school teachers, and other national
(xii) Provide legal assistance to Barangay government officials stationed or assigned
(xii) Provide for legal assistance to officials who, in the performance of their to the province.
Barangay officials who, in the performance official duties or on the occasion thereof,
of their official duties or on the occasion have to initiate judicial proceedings or
thereof, have to initiate judicial defend themselves against legal action; (2) Generate and maximize the use of
proceedings or defend themselves against and resources and revenues for the
legal action; and, development plans, program objectives
(xiii) Provide for group insurance or and priorities of the province as provided
(xiii) Provide for group insurance or additional insurance coverage for all for under Section 18 of this Code, with
additional insurance coverage for Barangay Barangay officials, including members of particular attention to agro-industrial
officials, including members of Barangay Barangay tanod brigades and other service development and country-wide growth
tanod brigades and other service units, units, with public or private insurance and progress
with public or private insurance companies, companies, when the finances of the city
when the finances of the municipal government allow said coverage; (3) Adopt measures to enhance the full
government allow said coverage. implementation of the national agrarian
(2) Generate and maximize the use of reform program in coordination with the
resources and revenues for the Department of Agrarian Reform;
(2) Generate and maximize the use of development plans, program objectives
resources and revenues for the and priorities of the city as provided for (4) Subject to the provisions of Book II of
development plans, program objectives under section 18 of this Code, with this Code, grant franchises, approve the
and priorities of the municipality as particular attention to agro-industrial issuance of permits or licenses, or enact
provided for under section 18 of this Code development and city-wide growth and ordinances levying taxes, fees and charges
with particular attention to agro-industrial progress upon such conditions and for such
development and countryside growth and purposes intended to promote the general
progress (3) Subject to the provisions of Book II of welfare of the inhabitants of the province
this Code, enact ordinances granting
(3) Subject to the provisions of Book II of franchises and authorizing the issuance of (5) Approve ordinances which shall ensure
this Code, grant franchises, enact permits or licenses, upon such conditions the efficient and effective delivery of the
ordinances authorizing the issuance of and for such purposes intended to basic services and facilities as provided for
permits or licenses, or enact ordinances promote the general welfare of the under Section 17 of this Code
levying taxes, fees and charges upon such inhabitants of the city
conditions and for such purposes intended
to promote the general welfare of the (4) Regulate activities relative to the use of
inhabitants of the municipality land, buildings and structures within the
city in order to promote the general
welfare
(4) Regulate activities relative to the use of
land, buildings and structures within the (5) Approve ordinances which shall ensure
municipality in order to promote the the efficient and effective delivery of the
general welfare basic services and facilities as provided for
 under Section 17 of this Code, and in
(5) Approve ordinances which shall ensure addition to said services and facilities
the efficient and effective delivery of the
basic services and facilities as provided for (6) Exercise such other powers and
under Section 17 of this Code, and in perform such other duties and functions as
addition to said services and facilities may be prescribed by law or ordinance.

(6) Exercise such other powers and

perform such other duties and functions as
may be prescribed by law or ordinance.

The tests of a valid ordinance:

1) it must be within the corporate powers of the local government unit to enact
2) must be passed according to the procedure prescribed by law
3) it must also conform to the following substantive requirements:
a. must not contravene the Constitution or any statute;
i. Anent the first criterion, ordinances shall only be valid when they are not contrary to the Constitution and to the laws.
ii. The Ordinance must satisfy two requirements: it must pass muster under the test of constitutionality and the test of consistency with the prevailing laws.
iii. This gives stress to the precept that local government units are able to legislate only by virtue of their derivative legislative power, a delegation of legislative power
from the national legislature. The delegate cannot be superior to the principal or exercise powers higher than those of the latter.
b. must not be unfair or oppressive;
c. must not be partial or discriminatory;
d. must not prohibit but may regulate trade;
e. must be general and consistent with public policy; and
f. must not be unreasonable
[CLOSURE AND OPENING OF ROADS]

SECTION 21. Closure and Opening of Roads.

(A) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction:
 Provided, however, That in case of permanent closure:
i. such ordinance must be approved by at least two-thirds (2/3) of all the members of the Sanggunian, and
ii. when necessary, an adequate substitute for the public facility that is subject to closure is provided
(B) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of public safety therein.
 A property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local government
unit concerned may be lawfully used or conveyed:
 Provided, however, That no freedom park shall be closed permanently without provision for its transfer or relocation to a new site.
(C) Any national or local road, alley, park, or square may be temporarily closed :
 During an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways,
telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order:
 Provided, however, That no national or local road, alley, park, or square shall set temporarily closed for athletic, cultural, or civic activities not officially sponsored,
recognized, or approved by the local government unit concerned.
(D) Any city, municipality, or Barangay may, by a duly enacted ordinance, temporarily close and regulate the use of:
 street, road, thoroughfare, or any other public place where shopping malls, Sunday, flea or night markets, or shopping areas may be established and
 where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public