ILOILO City – The Department of Public Works and Highways (DPWH) has dealt a blow to the Iloilo City Council’s planned investigation into flood control projects, ruling that the local legislature has no legal authority to compel district engineers, contractors, or resource persons to attend its inquiry.
In a legal opinion dated August 28, 2025, DPWH Undersecretary for Legal Service Atty. Anne Sharlyne Lapuz responded to a memorandum from Iloilo City District Engineer Roy Pacanan, who sought guidance on Resolution No. 2025-735.
The resolution called for an “investigation in aid of legislation” into public and private works along rivers, creeks, and waterways following the massive flooding brought by Typhoon Crising.
Lapuz explained that while the city council can hold inquiries under Republic Act 7160 or the Local Government Code, its authority is limited compared to Congress.
“At the outset, the authority of local legislative bodies such as a Sangguniang Panlungsod to conduct inquiries in aid of legislation is governed by Republic Act No. 7160… However, the said authority, being a delegated legislative power, is distinct from the power of Congress to conduct inquiries in aid of legislation as granted by the 1987 Constitution, Article VI, Section 21, which is broader in nature,” she said.
She further stressed that unlike Congress, local councils cannot issue subpoenas or hold individuals in contempt. Citing the Supreme Court ruling in Negros Oriental II Electric Cooperative (NORECO II) vs Sangguniang Panlungsod of Dumaguete City, Lapuz wrote: “Absent a constitutional or legal provision for the exercise of these powers, the only possible justification… would be for said power to be deemed implied. But the contempt power and the subpoena power partake of a judicial nature. They cannot be implied in the grant of legislative power.”
Lapuz also pointed to a 2020 Department of the Interior and Local Government (DILG) opinion that clarified local legislative bodies “may only invite resource persons who are willing to supply information which may be relevant to the proposed ordinance.”
On this basis, she advised the Iloilo City District Engineering Office that it may decline participation in the council’s inquiry.
“From the foregoing, it is submitted that the Iloilo District Engineering Office is not compelled and may respectfully decline the Sanggunian’s invitation,” Lapuz concluded./PN
