Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

REGIONAL OFFICE NO. VIII, Kanhuraw Hill, Tacloban City
 +63 53 321-2093  +63 53 321-6609 /321- 2078/321-2060  dilg_r8@yahoo.com

September 11, 2009

Hon. MARIETTA H. PORCIUNCULA

Municipal Vice-Mayor
Municipality of Capoocan
Province of Leyte

Dear Hon. Porciuncula:

This has reference to your Letter-query relative to the clarification regarding the
enactment of Resolution No. 2009-68 and Resolution No. 2009-69 and Ordinance No.
183 series of 2009 and Ordinance No. 184 series of 2009 which authorizes the
Municipal Mayor to augment a certain amount in the Annual Fund Budget CY 2008
under Capital Outlay of the Office of the Municipal Mayor.

As represented in your letter, the said ordinances were approved separately on

second reading by a majority of the members present, there being a quorum. After
which, upon motion for suspension of the rule on third reading, which was seconded
and objected to but overruled by the majority, said ordinances were enacted.

Hence, you wished to be clarified of the following issues:

1. Can these ordinances take effect without passing the third reading
requirement of an ordinance as provided for in Article 107(c) of the IRR of the
Local Government Code of 1991?
2. What is the vote requirement in the enactment of the ordinance authorizing to
augment an amount in the Annual Budget?

In reply to your first query, we invite your attention to DILG Opinion No. 109
series of 2007 dated November 23, 2007 where the Department held that:

“At this point, however, may we tackle a more important

matter than the mere voting requirement in suspending the 3-reading
rule in enacting ordinances. While nowhere in the Local Government
Code can we find a relevant provision requiring that there should be
3-reading rule in enacting ordinances by the Sanggunian, Article 107
of Implementing Rules and Regulations (IRR) of the Local
Government Code, however, provided for the procedure in the
passage of ordinances, which included the 3-reading rule
requirement. It bears to express that implementing rules and
regulations issued by competent authority by authority of law have
the force and effect of a law and they are binding on all persons
subject to them, and the court will take judicial notice of them
(Philippine Association of Service Exporters v. Torres, 225 SCRA
417).
 Therefore, with this in mind, therefore, the Sanggunian cannot
suspend the applicability and requirement of a law or its IRR. What it
can suspend are only those matters not governed by law but only by
their Adopted Internal Rules. Since the 3-reading rule is a
requirement of law, there is no moment that the Sanggunian can
suspend such requirement.

In the case of Malonzo vs. Zamora (311 SCRA 224), the

Supreme Court ruled that since nowhere in the Local Government
Code is it required that the 3-reading rule be done on three separate
days, then the 3-reading rule in enacting ordinance can be done in
one day. This Supreme Court pronouncement is clear in imparting
that the 3-reading rule cannot be dispensed with as it is a
requirement under the IRR of the Local Government Code, but all the
three readings can be done in one day.”

We have enclosed herewith the full text of the aforequoted DILG Opinion No.
109 series of 2007 dated November 23, 2007 for a better appreciation of the stand of
the Department on the matter.

As to your second query for the authorization of the augmentation of the budget,
please be advised that said issue would be best answered by the Department of
Budget and Management which has the authority to settle issues regarding budgetary
matters.

However, we have also enclosed herewith the full text of the DILG Opinion No.
70 s. 2003 which discussed the difference between appropriation ordinances that direct
the payment of money and those which only authorize the appropriation of money, for
your better appreciation of the stand of the Department on the matter.

We hope to have enlightened you on the matter.

Warm regards and Mabuhay!

Very truly yours,

WILLIAM C. PALER, CESO III

Regional Director

Copy Furnished:

PD Jose P. Yee Jr.

DILG Leyte Provincial Office
Tacloban City, Leyte

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