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;

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“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. b. c. d. e. f. g. the 1987 Constitution; the Local Government Code of 1991; Judicial Decisions; Adopted Internal Rules of Procedures of its predecessors; Parliamentary Practice; Parliamentary Authors; and 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);

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“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

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