Local Legislators' Toolkit - The Sangguniang Panlalawigan ng ...

governor within seventy two (72) hours. <strong>The</strong>re may be functions pertinent tohis/her office that need an implementing order and these functions arecovered by proper appropriations in which case the mayor may just issue anexecutive order like the holding of Palarong Bayan or other sports activities,or calling of conventions or conference of elective and appointed officials.Further LGC Section 444, the municipal mayor may issue executive orders asare necessary for the power enforcement and execution of laws andordinances.8. Exercise certain police powers to maintain peace and order, to ensure safetyand comfort of his/her constituents. Thus the mayor may carry out suchemergency measures as may be necessary during and in the aftermath ofman-made and natural disaster and calamities. He/She may call upon the lawenforcement agencies to suppress disorder, riot, lawless violence, rebellion orsedition or to apprehend violators of the law when public interest so requiresand the municipal police forces are inadequate to cope with the situations orthe violators. He/She may clear the public plazas or public streets ofunauthorized vendors or squatters. He/She may order demolition of illegallyconstructed house, building or structure. While R.A. 7160 does not say so,prudence dictates that there must be previous notice and opportunity to beheard or there must be due process. In one case, the mayor proceeded toporder demolition of a Quonset building for violation of a zoning ordinance. <strong>The</strong>Supreme Court ruled that violation of a municipal ordinance does notempower the mayor to avail of extra-judicial abatement of nuisance.9. Issue permits to business and for holding of certain activities for charity orwelfare purposes. He/She may refuse to issue permits for justifiable reasonslike when conditions for issuance of such permits have not been compliedwith and his/her refusal to issue permits will not be inferred with unlessabusive.10. Solemnize marriages, any provision of law to the contrary notwithstandingand thus, this correspondingly amends the pertinent provision of the FamilyCode.11. Visit component barangays of the municipality at least once in every sixmonths to know the problem and needs of the barangay informing them ofnew laws or ordinances or the punong barangay may see the mayor onhis/her problems threshing out with the mayor on how to solve theseproblems or to meet the needs of the people in the barangay. <strong>The</strong> mayor thenis not a mere swivel chair executive. <strong>The</strong> mayor, by executive fiat, may form acommittee on barangay affairs in his/her office and then he/she may instructthe members of this committee to frequent visits to barangay to see first handproblems and conditions obtaining therein. <strong>The</strong> mayor may initiate stepstowards the formation of cooperatives in the barangay on the development ofindigenous resources therein so that the barangay may practice self-reliance.<strong>The</strong> mayor may examine books, records, and documents.12. <strong>The</strong> mayor may not take over operations and control of private person’sstation and to padlock the same without observing due process. This is an actpurely arbitrary and makes out of the mayor an unrestrained dictator.13. <strong>The</strong> mayor shall exercise operational supervision and control over PNP unitsin their respective jurisdiction except during the thirty (30) day periodimmediately preceding and the thirty (30) days following any national, local orbarangay elections. (Section 51 of R.A. 6975) During the said period, thelocal police forces shall be under the supervision and control of the175