\ CANE epubiof ne Patppnes DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT HON. GILBERT S. LABANG Member, Sangguniang Panlungsod of Tuguegarao Room 314, 3" Floor City Hall Building, Regional Center Carig Sur, Tuguegarao City Dear Councilor Labang: Greetings! ‘This pertains to your letter seeking the Department's legal opinion anent the request of Mayor Jefferson P. Soriano of Tuguegarao City for the passage of a City Resolution designating one of the two buses of the city to be used during funerals upon requests. In relation thereto, you pose the following queries, to wit: 4, Whether the city government may allow the utilization of government vehicles for private persons or entities for funerals upon request of the bereaved family? 2. Whether the city government may be sued for allowing the government vehicles to be used for funerals upon request? 3, Whether Administrative Order No. 239 and Section 36 of the local Government Code of 1991 are inconsistent? 4. Whether the Administrative Order is supreme over Republic Act No. 7160? Please allow us first to deal with the third query. In reply thereto, please note that Section 436 of the Local Government Code has a subtitle “Assistance to People’s and Non-governmental Organizations". The said section contemplates of the power of the local government units to provide assistance, financial or otherwise, to such people and non-governmental organizations for economic, socially-oriented, environmental, or cultural projects to be implemented within its territorial jurisdiction. Clearly, the purpose why the City Mayor requested for the passage of the subject resolution is not within the contemplation of Section 36. Therefore, Section 36 has no bearing to the query. (On the other hand, Administrative Order No. 239 pertains to the rules, regulations, and prohibitions in the use of government vehicles. Certainly, Section 36 of the Local Government Code of 1991 and Administrative Order No. 239 are not inconsistent with each other as in fact, they deal on separate and distinct subject matters,In reply to the first query, a reiteration of Section 16 of the Local Government Code of 1991 becomes imperative, thus; Section 16. General Welfare. - 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 government 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. Please note that among the several obligations and mandates of every local government unit are (a) preservation and enrichment of culture, and (b) preserve the comfort and convenience of their inhabitants. With that in mind, the buses owned by the city were purchased to address situations where mass transport is needed or necessary for its constituents. Hence, the use of the bus by the public befitting to the purpose for which it was purchased/obtained is proper. At this point, a discussion of AO 239 is relevant. It is noted that Section 1 thereof in part provides that all government agencies and offices are prohibited from using government vehicles for purposes other than official business. It bears stressing that pursuant to the local autonomy being enjoyed by local government units, the city government may set the rules and regulations how its properties, like a bus, are to be utilized for public purpose. The set of rules are contained in an ordinance to be strictly abided to by all concemed. Once the use of the bus for funeral services is authorized by way of a city ordinance, its use for that purpose will now be within the ambit of official business. Based on the discussion, what should be passed, therefore, should not be a mere resolution but should be an ordinance authorizing the use thereof for funeral services and providing {guidelines therefor. With the foregoing discussion, the second and fourth queries need not be answered anymore. We hope to have enlightened you on the matter. Very truly yours, By Authority of the Secretary dry L C. SACENDONCILLO, CESO Ill Undersecretary