Proposed Besigan school premises ordinance set for refinement

The committee on barangay affairs, chaired by Councilor Marlo L. Tabac, in its recent meeting, recommended that the ordinance of the Barangay Council of Besigan regulating entry into school premises and prohibiting the consumption of alcoholic beverages and smoking within school grounds be referred back to the barangay for refinement.

The barangay ordinance seeks to regulate access to school premises to individuals without prior authorization or permission from the Barangay Council and during official school activities or events duly recognized by the school administration.

It also aims to prohibit the consumption of alcoholic beverages and smoking within school grounds.

According to the barangay, the ordinance is intended to uphold the school as a place for education, safety, and discipline of students, teachers, and school personnel.

It also cites the need to maintain peace, order, and security within school premises, noting that the

presence of unauthorized individuals may pose risks to the safety and welfare of the school community.

Furthermore, the measure underscores that the consumption of alcoholic beverages and smoking within school premises is detrimental to health and contrary to acceptable moral standards.

During the committee meeting, the Office of the City Legal Officer explained that while barangays are empowered to enact ordinances promoting peace, order, and public safety within their territorial jurisdiction, they cannot legislate matters already governed by national laws or fall under the authority of another government agency.

The CLO representative noted that the requirement for prior authorization from the Barangay Council before individuals can enter school premises may exceed the legislative powers granted to barangays, as the control and administration of school premises primarily rest with school authorities and the Department of Education.

On this basis, the ordinance is ultra vires, a legal term meaning the act exceeds the powers or authority granted by law.

In view of the legal opinion, the committee recommended referring the proposed ordinance back to the Barangay Council of Besigan for refinement to ensure that its provisions conform with existing laws and the scope of the barangay's legislative authority. (JAO/SP)