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Res. 074-sb2013

Res. 074-sb2013

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Published by Al F. Dela Cruz
Parliamentary procedures, Internal Rules, Opinions and Court Decisions on procedural matters
Parliamentary procedures, Internal Rules, Opinions and Court Decisions on procedural matters

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Published by: Al F. Dela Cruz on Feb 17, 2011
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03/09/2013

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 Republic of the PhilippinesProvince of AklanMunicipality of Balete
EXCERPTS FROM THE MINUTES OF THE 32
nd
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 /PresidingHON. SYLVIA V. YASA SB MemberHON. CRISPINO P. BELTRAN, JR. SB MemberHON. APOLINAR C. CLEOPE SB MemberHON. PATRICK F. LACHICA SB MemberHON. CIRIACO T. FELICIANO SB MemberHON. PETER C. RECIDORO SB MemberHON. JOSELITO C. DELOS REYES SB MemberHON. BERNARDO M. SAUZA SB Member/Liga ng mgaBrgy. PresidentHON. JHON MEL KESTER M. REBENITO SB Member/SK MunicipalFederation PresidentAbsent:
HON. INOCENTES F. BANTIGUE, JR. SB Member
 ______________________________________________________________________________
“RESOLUTION NO.
074-sb2013
EXPRESSING THE POSITION OF THE SANGGUNIANG BAYAN OVER THEINFORMATION SUPPLIED BY THE SECRETARY TO THE SANGGUNIANGPANLALAWIGAN OF AKLAN OF THE ACTION BY THAT SANGGUNIANG OFRETURING TO THIS END ITS INTERNAL RULES OF PROCEDURES WITH THE ADVICEOF 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 thatthat Body be furnished with a copy of the internal rules of procedures of the lower Sanggunianyet at the same time calling their attention to Section 56 of the Local Government Code (RA7160) which provides which enactments to submit for review and spelled out the statutoryperiod of submission of the same for approval;
“WHEREAS, the letter also indicate
d the intention of that Sanggunian of returningwithout action all enactments submitted for review by the lower Sanggunian should it fail tosubmit 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 theLocal Government Code of 1991;
WHEREAS, the Secretary to the Sangguniang Bayan of Balete has furnished that end acopy of the IRP of this august Body, not to seek for its approval but out of courtesy to therequest made by that Body through its secretary, emphasizing thereto that as per Sec. 56 of RA7160, only ordinances and resolutions approving the Local Development Plans and PublicInvestment Programs are the enactments that are to be submitted to that end for review andapproval;
 
 
 p. 2Res. No. 074-sb2013Sangguniang BayanBalete, 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 onthe 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; andg.
 
Customs and Usages.
“WHEREAS, perusal of the 1987 Constituti
on yielded no specific parliamentary rulesapplicable to the Sanggunian as it only mentioned of some rules or procedures to be observedby Congress while in the Local Government Code of 1991, each sanggunian is mandated perSection 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 theframers 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 meanotherwise. 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 mannerof 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 bydeliberative 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 Courtruled that IRPs are not laws but are simply procedural rules to be observed by the Sanggunianfor its orderly conduct of sessions and this it can even be waived, disregarded or suspended bythe 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 ithad not called for a public hearing to present their intricacies and communicate their dynamismbefore the public, nor subjected them to a three-reading principle and had enacted or ordainedupon and presented thereafter to the Mayor for his approval, thus to finally forward to thataugust Body for review and approval. Records will also show that IRPs have not been publishedin newspaper of either general or local circulation; thus as they aptly put in Latin,
stare decisiset non quieta movere
(follow past precedents and do not disturb what has been settled);

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