CITY OF SAN FERNANDO — The Pampanga Sangguniang Panlalawigan (SP), by a majority vote, disapproved Proposed City Ordinance No. 21, Series of 2026 of the City of San Fernando seeking to regulate privately funded or sponsored feeding programs, medical missions, dental missions, and other health-related humanitarian activities in the city.
This was gleaned during the SP’s regular session on July 1, after adopting the recommendation of its Committee on Health, Nutrition and Sanitation, which found the measure to contain substantial constitutional and legal infirmities.
Fourth district Board Member Kariza Naguit, chair of the Committee on Health Nutrition and Sanitation, said the measure may violate the Equal Protection Clause by applying only to privately funded activities while exempting similar government-sponsored programs without a substantial distinction. It also questioned the ordinance’s classification of short-term and long-term feeding programs, saying the distinction lacks sufficient factual or scientific basis.
The committee likewise found that the proposed ordinance unduly delegates legislative authority by leaving essential policy matters, including the qualifications and responsibilities of the Food Safety Compliance Officer and other substantive regulatory standards, to future implementing rules without adequate legislative guidelines.
The report also cited due process concerns, stating that the measure authorizes the withholding, suspension, or withdrawal of permits or certifications without providing safeguards such as notice, hearing, appeal, or reconsideration.
It further found that the requirement for a Certificate of No Objection from the Punong Barangay constitutes an ultra vires exercise of local authority because it is not authorized under the Local Government Code.
The committee also said the proposed ordinance may encroach on matters already governed by national laws, including Republic Acts Nos. 10611, 2382, and 9484, and may conflict with Republic Act No. 11032, or the Ease of Doing Business Act, as well as provisions of the Family Code on substitute parental authority and in loco parentis.
In addition, the committee described the measure as imposing unreasonable and disproportionate regulatory requirements on charitable, humanitarian, civic, educational, and religious organizations. It said several provisions are vague, overly technical, or impractical, creating uncertainty in enforcement and potentially discouraging volunteerism, civic participation, and emergency humanitarian response.
The committee also took note of concerns raised by representatives of the private sector and civil society over excessive documentary requirements, duplication of existing national regulations, the potential for arbitrary enforcement, and the possible adverse impact on volunteer-driven humanitarian activities.
Following deliberations, the provincial board adopted the committee’s report by majority vote, effectively disapproving Proposed City Ordinance No. 21, Series of 2026.
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