DOJ Opinion No. 061, s. 1994

DOJ OPINION NO. 061 , s. 1994 April 27, 1994 Undersecretary Ben Malayang III Department of Environment and Natural Resources Visayas Avenue, Diliman Quezon City Sir : This refers to the Resolution No. 93-187 of the Sangguniang Bayan of Rizal, Zamboanga Del Norte, requesting opinion of this Office regarding the 'legality of the amendment of Municipal Ordinance No. 2 series of 1993 of the Municipality of Rizal, Zamboanga del Norte," which you forwarded to this Department for our "information and further clarification". It appears that the aforesaid municipal ordinance which was approved by the Sangguniang Panlalawigan of Zamboanga del Norte, "prohibiting the cutting of trees, natural grown or privately owned unless covered with a permit to cut from the Office of the Department of Environment and Natural Resources " has been amended with the addition of certain specific requirements to be satisfied prior to the actual cutting of trees, among which are: (1) a certification from the barangay captain attesting that a tree to be cut is really owned by the would-be-cutter (2) that the tree is replenished with five seedlings being planted one week before it is cut; and three(3) that the land where a tree to be cut is not tax delinquent or "amoroso" and if ever it is, then the landowner should pay it first before a Mayor's permit to cut said tree will be given. llcd With regret, we have to decline rendition of the clarification requested for the following reasons: 1. The Secretary of Justice as Attorney-General is authorized to render opinion to give legal advice only to specific questions of laws which arise in the course of the performance of powers and duties of heads of departments and chiefs of bureaus and offices of the National Government (Secretary of Justice Opns. No. 48, s. 1963; No. 95, s. 1970; and No. 30, s. 1990; and Nos. 44 and 75, s. 1993). 2. In expressing our views on the aforesaid request we will inevitably be passing upon the validity of the ordinance in question of the Sangguniang Bayan of Rizal, Zamboanga del Norte, and an issue which the Secretary of Justice invariably refrains from acting upon since its resolution properly belongs to the court (Id. No. 20, s. 1961, No. 13, s. 1977; No. 181, s. 1984; and No. 123, s. 1985). An ordinance carries with it the presumption of validity although the question of its reasonableness is open to judicial inquiry (Id. No, 123, s. 1985, supra, citing Victorias Milling Co. vs. Mun. of Victorias, Negros Occidental, 25, SCRA 192). The only instance wherein the Secretary of Justice can review ordinances is when a question regarding the constitutionality of legality of local tax pursuant to Section 187, chapter 5 of the Local Government Code 1991. Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary