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Republic of The Philippines Province of Davao de Oro Provincial Legal Office

The provincial legal officer of Davao de Oro issued a legal opinion regarding an executive order creating the Davao de Oro Eco-Warriors movement. The legal officer opines that while the goal of protecting the environment is valid, the governor does not have the power under the local government code to create an office or organization. Acts performed beyond one's authority are considered ultra vires and null and void. The executive order lacked details on the legal basis, functions, membership, operations, and registration of the proposed organization.

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67 views2 pages

Republic of The Philippines Province of Davao de Oro Provincial Legal Office

The provincial legal officer of Davao de Oro issued a legal opinion regarding an executive order creating the Davao de Oro Eco-Warriors movement. The legal officer opines that while the goal of protecting the environment is valid, the governor does not have the power under the local government code to create an office or organization. Acts performed beyond one's authority are considered ultra vires and null and void. The executive order lacked details on the legal basis, functions, membership, operations, and registration of the proposed organization.

Uploaded by

PLO COMVAL
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© © All Rights Reserved
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Republic of the Philippines

Province of Davao de Oro


PROVINCIAL LEGAL OFFICE

LEGAL OPINION NO. __________

Date: JUNE 22, 2021

For : HON. JAYVEE TYRON L. UY


Governor
This Province
From : ATTY. NIEL JOHN A. VILLARICO
Provincial Legal Officer

SUBJECT: EXECUTIVE ORDER RE: AN ORDER CREATING THE DAVAO DE


ORO ECO-WARRIORS (DdEW) MOVEMENT, DEFINING ITS
COMPOSITION, TASKS AND FUNCTIONS THEREOF.

This has reference to the letter endorsed to our office requesting for review the
executive order: AN ORDER CREATING THE DAVAO DE ORO ECO-WARRIORS
(DdEW) MOVEMENT, DEFINING ITS COMPOSITION, TASKS AND FUNCTIONS
THEREOF.

Perusing the content of the same, this office opines that although the executive order is a reflection
of the Declaration of the Principles of the Constitution as embodied in Article II, Section 6 of the 1987
Philippine Constitution which provides that, “the state shall protect and advance the right of people to a
balanced and healthful ecology in accord and rhythm and harmony of nature.”, unfortunately the same
cannot be actualized or materialized for the reason that the Local Government Code Section 465 Sec.
465. The Chief Executive: Powers, Duties, Functions and Compensation.

Based on the said provision it is beyond the power of the Governor to create an office.
Similarly, acts performed beyond and in excess of what has been provided under a law, for
that matter, are deemed ultra vires acts. Ultra vires acts or acts which are clearly beyond the
scope of one's authority are null and void and cannot be given any effect.1

The Executive Order is broad namely:

1. What is the legal basis of its creation;


2. The nature of the office;
3. Who will represent the organization;
4. What are the specific functions of the organization;
5. Who are the members;
6. Manner of electing officers;
7. Manner of conducting meetings;
8. What are the activities
1
Gancayco vs City Government of Quezon City and Metro Manila Development Authority, G.R. No. 177807.
11 October 201 l.

Provincial Legal Office, 2nd Floor, Executive Building, Provincial Capitol Complex,Cabidianan, Nabunturan,Davao de Oro
9. Manner of registration

We hope we have enlightened you on the matter.

Very truly yours,

ATTY. NIEL JOHN A. VILLARICO


Provincial Legal Officer

Provincial Legal Office, 2nd Floor, Executive Building, Provincial Capitol Complex,Cabidianan, Nabunturan,Davao de Oro

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