DOJ Opinion No. 152, s. 1984

DOJ OPINION NO. 152 , s. 1984 October 18, 1984 Lt. Gen. Fidel V. Ramos Chief Philippine Constabulary and Director-General, INP Camp Crame, Quezon City Sir : This has reference to your request for opinion "regarding the legality" of Resolution No. 14, s. 181 of the Sangguniang Panlalawigan of Quirino Province which authorizes the Provincial Sports Development Council thereat "to establish checkpoints at selected sites . . . for the purpose of soliciting and collecting voluntary contributions from owners, operators and/or drivers plying and/or doing their business in Quirino Province". It appears that the Provincial Fiscal of said province upon request of the PC Regional Judge Advocate at Tuguegarao, Cagayan, has opined that the aforestated resolution "is not in accordance with law", reasoning that the contributions are not really voluntary in natures since the amount depends upon the classification of the vehicle and implying that the contribution have no basis in the Revised Motor Vehicle Law. With regret, this Ministry is constrained to refrain from rendering an opinion on the matter inasmuch as in line with established precedents, the Minister of Justice does not pass upon the validity of duly enacted legislative acts of local government which are presumed valid and enforceable unless declared otherwise by the competent court or superseded or repealed by the lawmaking authority. (Opns., Secretary/Minister of Justice, No. 302, s. 1956, Nos. 20 & 193, s. 1961 and No. 40, s. 1980) Moreover, any opinion by said official on the subject resolution would amount to a review of the aforementioned ruling of the Provincial Fiscal. This Ministry, as a rule, does not reexamine the opinions of the Provincial or City Fiscals rendered in their respective capacities as legal adviser of the provincial or the city governments. (Opns., Secretary of Justice, No. 238, s. 1956, No. 210, s. 1957 and No. 59, s. 1973) For your guidance in resolving the instant query, however, it may be stated that it has been held that a "donation is a voluntary contribution or gift, which one may make or refuse to make, as he may elect" (Stanley vs. Paddock, 301 SW 2d 878), hence, the presence of the element of compulsion is a supposed "donation" may make it an exaction, in which case, it may be covered by the prohibition that "no taxes of fees other than those imposed in [The Land Transportation Code] shall be imposed for the registration or operation or the owner-ship of any motor vehicle. . . ." (R.A. No. 4136, as amended) Please be advised accordingly. Very truly yours, (SGD.) JESUS M. BORROMEO Deputy Minister