OPINION:

1. Lack of Content/Definition – the ordinance did not mention certain modes in committing
rumor mongering like qualifying the same by using information technology, aliases, pen
names or personal circumstances that may relate to the person being slandered or instances
on how it may be proven. It is also vulnerable to dispute from the opposing party which
would be tantamount to another contention of the truthfulness of the accusation.

The constitutional rule is that laws must explicitly and definitely state which conduct are
punishable. In this ordinance, it violates the vagueness doctrine without specifying what
conduct is punishable, and therefore the law is void because it violates due process.

2. It may violate certain Constitutional rights of the accused like right to privacy, free speech,
and right to withhold information. It would stop people from sharing testaments to current
situation or event and how to avoid the risks involving their community.

3. A Barangay does not have the power to create its own council that would undermine the
function of the Katarungang Pambarangay Law where it may render the latter as
dysfunctional. The proposed barangay ordinance should rather invoke and promote the
procedural aspect already prescribed by the KP Law. Hence, the proposed Technical Working
Group is invalid.

4. As to the proposed enactment of Ecological Solid Waste Management by Barangay it must

be noted that it merely amplifies the penalty on an already existing provision from RA 9003
in terms of payment of fines/penalties. Therefore, restrictions and limitations must be
observed and the procedures surrounding the enactment of revenue-raising barangay
ordinances must be complied with through proper coordination with the Barangay
concerned and the LGU in terms of collecting the necessary fines/penalties collectively.