Bureau of Local Government Finance Opinion

October 25, 2002 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION Ms. Juvy Cordero-Cubero Osmea St., Brgy. Sto. Domingo Arevalo, Iloilo City Madam : This refers to your letter dated September 26, 2002 relative to your Protest regarding the award of Stall No. 79 at the Iloilo Terminal Market in favor of Cecilia Florentino. In this connection, please be informed that upon the effectivity of the Local Government Code (LGC) of 1991, local government units enjoy full autonomy in the operation and management of economic enterprises, such as public market. This is pursuant to the provisions of Section 458 (a) (5) (ii) of the said Code quoted hereunder: "Sec. 458. Powers, Duties, Functions and Compensation . (a) The s angguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section 22 of this Code, and shall: cAaDHT "xxx xxx xxx. "(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: "xxx xxx xxx. "(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government and regulate the construction and operation of private markets, talipapas or other similar buildings and structures; "xxx xxx xxx." It may be stated further that the City Mayor is clothed with the power of general supervision and control over local administrative affairs pursuant to Section 455 (b) (1) of the same Code which states that the City Mayor, as the chief executive of the City Government, shall exercise "general supervision and control over all programs, projects, services, and activities of the city government." CHDAaS In view of the aforequoted provisions of law, it is the view of this Bureau that the final decision on the matter rests upon the evaluation thereof and sound judgment of the Sanggunian Panlungsod with the consonance of the City Mayor. It appears, however, that the above Protest has been elevated to the City Mayor of Iloilo City. In case the City Mayor fails to render a decision on the said Protest, the Department of the Interior and Local Government should be consulted. Very truly yours, (SGD.) MA. PRESENTACION R. MONTESA Executive Director