Republic of the Philippines

Province of Aklan
Municipality of Balete

EXCERPTS FROM THE MINUTES OF THE 32nd REGULAR SESSION OF THE SANGGUNIANG BAYAN
(for the period 2010-2013) OF THE MUNICIPALITY OF BALETE, AKLAN HELD ON THURSDAY,
FEBRUARY 10, 2011 AT THE SANGGUNIANG BAYAN SESSION HALL.
Present:
HON. ROMAN R. VILLARUEL Vice Mayor /Presiding
HON. SYLVIA V. YASA SB Member
HON. CRISPINO P. BELTRAN, JR. SB Member
HON. APOLINAR C. CLEOPE SB Member
HON. PATRICK F. LACHICA SB Member
HON. CIRIACO T. FELICIANO SB Member
HON. PETER C. RECIDORO SB Member
HON. JOSELITO C. DELOS REYES SB Member
HON. BERNARDO M. SAUZA SB Member/Liga ng mga
Brgy. President
HON. JHON MEL KESTER M. REBENITO SB Member/SK Municipal
Federation President
Absent:
HON. INOCENTES F. BANTIGUE, JR. SB Member
______________________________________________________________________________

“RESOLUTION NO. 074-sb2013

“EXPRESSING THE POSITION OF THE SANGGUNIANG BAYAN OVER THE

INFORMATION SUPPLIED BY THE SECRETARY TO THE SANGGUNIANG
PANLALAWIGAN OF AKLAN OF THE ACTION BY THAT SANGGUNIANG OF
RETURING TO THIS END ITS INTERNAL RULES OF PROCEDURES WITH THE ADVICE
OF REVISING IT IN A FORM OF AN ORDINANCE

“WHEREAS, the Secretary to the Sangguniang Panlalawigan of Aklan sent all the
Secretaries to the Sangguniang Bayan of Aklan a letter dated January 7, 2011 demanding that
that Body be furnished with a copy of the internal rules of procedures of the lower Sanggunian
yet at the same time calling their attention to Section 56 of the Local Government Code (RA
7160) which provides which enactments to submit for review and spelled out the statutory
period of submission of the same for approval;

“WHEREAS, the letter also indicated the intention of that Sanggunian of returning
without action all enactments submitted for review by the lower Sanggunian should it fail to
submit to the Sangguniang Panlalawigan copies of its internal rules of procedures;

“WHEREAS, this Sanggunian has adopted during its first regular session its internal rules
of procedure (IRP) in compliance with Section 50 of Republic Act 7160, otherwise known as the
Local Government Code of 1991;

“WHEREAS, the Secretary to the Sangguniang Bayan of Balete has furnished that end a
copy of the IRP of this august Body, not to seek for its approval but out of courtesy to the
request made by that Body through its secretary, emphasizing thereto that as per Sec. 56 of RA
7160, only ordinances and resolutions approving the Local Development Plans and Public
Investment Programs are the enactments that are to be submitted to that end for review and
approval;
p. 2
Res. No. 074-sb2013
Sangguniang Bayan
Balete, Aklan
- ---

“WHEREAS, this Sanggunian stands by the common understanding that IRPs like any other
parliamentary rules are procedural and are hardly permanent in nature, however, abiding on
the hierarchy of its sources in the following order:

a. the 1987 Constitution;

b. the Local Government Code of 1991;
c. Judicial Decisions;
d. Adopted Internal Rules of Procedures of its predecessors;
e. Parliamentary Practice;
f. Parliamentary Authors; and
g. Customs and Usages.

“WHEREAS, perusal of the 1987 Constitution yielded no specific parliamentary rules

applicable to the Sanggunian as it only mentioned of some rules or procedures to be observed
by Congress while in the Local Government Code of 1991, each sanggunian is mandated per
Section 50 thereof, a portion of which, read as follows:

‘(a) On the first regular session following the election of its members
and within ninety (90) days thereafter, the Sanggunian concerned
shall adopt or update its existing rules of procedure.’ (RA 7160, Sec.
50 [a], emphasis supplied as to the statutory construction used by the
framers of RA 7160)

Following the rules of Statutory Construction, the word ‘adopt’ clearly shows the intent of the
framers of LGC for the saggunian to have it in a form of a resolution and could not mean
otherwise. Delving further into RA 7160 would show that Section 48 up to Section 59 thereof
provide for some parliamentary rules applicable to the sanggunians, which include the manner
of review on enactments by higher sanggunians, among others;

“WHEREAS, judicial decisions as in Arroyo v. De Venecia (G.R. No. 127255, August 14,
2007) called to mind previous case in Osmeña v. Pendatun, viz.:

"At any rate, courts have declared that 'the rules adopted by
deliberative bodies are subject to revocation, modification or waiver
at the pleasure of the body adopting them.' And it has been said that
'Parliamentary rules are merely procedural, and with their
observance, the courts have no concern. They may be waived or
disregarded by the legislative body.' … (Emphasis supplied)

This is reechoed in Romulo v. Yñiguez (L-71908, February 4, 1986) where the Supreme Court
ruled that IRPs are not laws but are simply procedural rules to be observed by the Sanggunian
for its orderly conduct of sessions and this it can even be waived, disregarded or suspended by
the deliberative body;

“WHEREAS, its has been the practice of the predecessors of the current set of members
of this Sanggunian of adopting and/or updating the existing rules of procedures, whereby it
had not called for a public hearing to present their intricacies and communicate their dynamism
before the public, nor subjected them to a three-reading principle and had enacted or ordained
upon and presented thereafter to the Mayor for his approval, thus to finally forward to that
august Body for review and approval. Records will also show that IRPs have not been published
in newspaper of either general or local circulation; thus as they aptly put in Latin, stare decisis
et non quieta movere (follow past precedents and do not disturb what has been settled);
p. 3
Res. No. 074-sb2013
Sangguniang Bayan
Balete, Aklan
- ---

“WHEREAS, this Body is fully aware of the difference of an ordinance from a resolution
in the manner that the Sangguniang Panlalawigan of Aklan grasped it, where an ordinance is a
law and possesses a general and permanent character while resolution is merely a declaration
of the sentiment or opinion of a lawmaking body on a specific matter and whose nature is
temporary (cf. Municipality of Parañaque v. VM Realty Corp., 292 SCRA 678, July 20, 1998);

“WHEREAS, the order of that Sanggunian to revise the IRP of this august Body in a form
of an ordinance calls to mind Sir Winston Churchill who once confronted with the Russian policy
in Europe was heard to have said, ‘It is a riddle, wrapped in a mystery, inside an enigma; but
perhaps there is a key. That key is Russian national interest.’

“WHEREAS, this Body highly esteemed the wisdom of that august Body as it believes
that it will abide by the rule of law and that it comprehends fully well the legislative intent of
the entire Section 56 of RA 7160.

“NOW THEREFORE, be it RESOLVED as it is HEREBY RESOLVED, on a unanimous motion

by this Sanggunian, to EXPRESS as it HEREBY EXPRESSES its position on the action taken by that
Body to return the Internal Rules of Procedure of this Sanggunian with the suggestion of
revising the same in a form of an ordinance.

“RESOLVED to inform that Sanggunian that the Internal Rules of Procedure of this
Sanggunian is purely an internal matter of which that Body lacks the jurisdiction to intervene in
whatsoever manner or form as even the Court as in the above cited cases has consistently
admitted that IRPs are merely procedural in nature that it can even be waived, disregarded,
suspended or readily amended by the Body adopting them while the local chief executive lacks
as well the jurisdiction to approve or veto them as provided for in Section 55 of the LGC.

“RESOLVED finally, that copies of this resolution be as well furnished all the Sangguniang
Bayan within the constituent municipalities of Aklan for their information.”

Unanimously Adopted: February 10, 2011.

I HEREBY CERTIFY to the correctness of the foregoing facts.

AL F. DELA CRUZ
Secretary to the Sanggunian

ATTESTED BY:

ROMAN R. VILLARUEL
Vice Mayor/Presiding Officer

CONCURRED IN:

TEODORO V. CALIZO, JR.

Municipal Mayor