CITY OF SAN FERNANDO — The Pampanga Sangguniang Panlalawigan (SP) on Wednesday has disapproved separate ordinances passed by the City of San Fernando and the Municipality of Sasmuan regulating feeding programs, medical and dental missions after finding legal, procedural and constitutional defects in the measures.
The provincial board, acting on the recommendation of its Committee on Health, Nutrition and Sanitation chaired by 4th District Board Member Kariza Naguit, voted by majority to disapprove City of San Fernando Ordinance No. 2026-021, Series of 2026 and Sasmuan Ordinance No. 09, Series of 2026 during its regular session.
According to the committee report, the City of San Fernando ordinance, which sought to regulate privately funded feeding programs, medical missions and dental missions, was legally deficient, structurally defective and impractical to implement.
The committee noted that the ordinance covered only privately funded or privately sponsored activities while exempting government-funded, government-sponsored or government-implemented programs, raising concerns over a possible violation of the equal protection clause of the Constitution.
It also found that several provisions could encroach on national laws and existing regulatory systems governing the practice of medicine, dentistry, food safety and administrative procedures by creating a local authorization process in areas already regulated by national government agencies.
The report further cited vague and burdensome requirements for volunteer groups, charitable organizations, schools, faith-based organizations, civil society organizations and other private-sector organizers, saying these could discourage volunteerism, delay humanitarian assistance and hamper community-based and emergency response activities.
The committee likewise took into account concerns raised by private-sector stakeholders, including the Pampanga Business Circle and AGOS, which opposed the ordinance due to excessive documentary requirements, possible arbitrary enforcement, duplication of existing national regulatory safeguards and its potential chilling effect on volunteer and relief work.
While recommending the ordinance’s disapproval, the committee said the city may consider revising the measure by removing the exemption for government-funded activities, applying health and safety standards uniformly, clearly defining the roles and qualifications of organizers, including a deemed-approved provision, providing exceptions during emergencies, recognizing written parental consent and authorized adult representatives, and strengthening coordination with the Department of Health, Department of Agriculture, Philippine Red Cross and Department of Education.
Meanwhile, the committee also recommended the disapproval of Sasmuan Ordinance No. 09, Series of 2026, which sought to regulate the conduct of medical missions within the municipality.
The committee found that the ordinance failed to comply with the publication requirement prescribed by law before taking effect. It also noted that the measure imposed a ₱5,000 fine, exceeding the maximum amount municipalities are authorized to impose under the Local Government Code.
In addition, the ordinance attempted to regulate medical, dental, optical and other health-related services already governed by national laws and supervised by national regulatory agencies, resulting in an overlap of authority.
The SP said the disapproval of the two ordinances underscores its mandate to ensure that local legislation remains consistent with the Constitution, national laws and established regulatory frameworks while safeguarding public health without unnecessarily burdening volunteerism, charitable work and emergency response initiatives.
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