or sanggunian.

The extent to which LGUs can validly legislate is

specifically defined by the law; and since they derive their legislative
powers from laws enacted by Congress, LGUs cannot promulgate
ordinances which violate the Constitution, any existing laws passed by
Congress, or executive issuances promulgated by the Executive Branch
(Primicias vs. Municipality of Urdaneta, 93 SCRA 462; Magtajas vs.
Pryce Properties Corp., 234 SCRA 255). Generally, any ordinance
promulgated by an LGU must comply with the following requirements in
order to be valid:

 It must not contravene the Constitution or any law;

 It must not be unfair or oppressive;
 It must not be partial or discriminatory;
 It must be general and consistent with public policy; and
 It must not be unreasonable.

Judicial decisions which interpret the meaning of the law, or settle any
controversy with respect to the application thereof, effectively become
part of the law and thus have the same binding force, unless the law is
amended or modified in such a manner as to require a new interpretation.
Courts, however, cannot make decisions which in effect seek to enact new
laws; they can only interpret or apply existing laws. Likewise, they cannot
make interpretations unless in the course of a decision issued in an actual
case filed before it. In the absence of a judicial interpretation, the
interpretation of the law contained in executive issuances that implement
them is considered as authoritative. Where two or more executive agencies
have conflicting interpretations, an Opinion of the Secretary of Justice as
to the correct legal interpretation may settle the issue among the contesting
agencies. Ultimately, however, it is only the court that can make an
interpretation, which is valid and binding upon all.

Excerpted from “Philippine Coastal Management Guidebook Series No. 2: Legal and
Jurisdictional Framework for Coastal Management”, a publication of the Department
of Environment and Natural Resources (DENR), Department of Agriculture, Department
of Interior and Local Government, and the Coastal Resource Management Project of
DENR supported by USAID. To download full text, click here

A. Cruz-Trinidad: Policy Advisor, Coastal Resource Management Project

M.L. Maximo: Dean, College of Law, Silliman University
J.L. Batongbacal: Executive Director, Philippine Center for Marine Affairs, Inc.
L.R. Pura: Policy Researcher, Coastal Resource Management Project
C.A. Courtney: Chief of Party, Coastal Resource Management Project

TEAM MEMBERS AND TOPICS ASSIGNED :

Canda, Mary Grace - Historical background of the formulation of Hierarchy of Laws
Canlas, Camille - Constitutions
Gonzales, Maela Katherine - National and International Laws
Guiao, Renz Gabriel - Administrative Rules and Regulations
Lacson, Loucille - Application: Ope-rationalizing the Hierarchy of Laws in the Philippines
Pangan, De Paolo - Ordinances

HIERARCHY OF LAWS
I. Context: Historical background of the formulation of Hierarchy of Laws

A. Existing circumstances which pushed for the formulation of the Hierarchy

of Laws in the Philippines

B. Hierarchy of Laws vis-a-vis the 3 Branches of the Government

C. Trends/Current researches on Hierarchy of Laws in the Philippines