DOJ Opinion No. 024, s. 2000

DOJ OPINION NO. 024 , s. 2000 March 20, 2000 Attorney Romeo L. Lesondra, MNSA Director, Office of the Legal Service National Police Commission National Headquarters Philippine National Police Camp Crame, Quezon City Sir : In a letter to this Department, a "definitive legal opinion" is requested on the constitutionality or validity of Cagayan de Oro City Ordinance No. 6626-98 entitled "An Ordinance Requiring Any Person Or Individual, Whether A Member Of Any Government Law Enforcement Or Private Security Agency, Entering The City And Carrying Licensed Firearms, Whether On Mission Or For Personal Security Reason, To Register The Said Firearms With The Nearest Police Precinct Of The Cagayan De Oro City Police Office And Providing Penalties For Violation Thereof And For Other Purposes". prcd Please be informed that the determination of the constitutionality or validity of an ordinance properly pertains to the courts. For this reason, the Secretary of Justice has consistently refrained from acting on requests which would inevitably involve passing upon the constitutionality or validity of an ordinance as obtaining in the instant case (Secretary of Justice Opinion No. 123, s. 1985; No. 181, s. 1984; No. 13, s. 1977 and No. 20, s. 1961). Moreover, an ordinance carries with it the presumption of validity although the question of its reasonableness is open to judicial inquiry ( Ibid ., No. 123, s. 1985; Victorias Milling Co., Inc. vs. Mun. of Victorias, Negros Occidental, 25 SCRA 192 [1968]). The only instance wherein the Secretary of Justice can review ordinances is when a question regarding the constitutionality or legality of local tax ordinances or revenue measures is raised on appeal pursuant to Section 187, Chapter 5 of the Local Government Code of 1991. Very truly yours, (SGD.) ARTEMIO G. TUQUERO Acting Secretary