Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT A. Francisco Gold Condominium II Bidg, EDSA corner Mapagmahal St., Diliman, Quezon City OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT HILO GPIMION NO 1S, 200 06 January 2009 ATTY. RODEL R. NAYVE Sanggunian Secretary Makati City ATTY. ROGELIO U. MARASIGAN Consultant, City Secretary's Office Makati City Dear Attys. Nayve and Marasigan: This has reference to your earlier letter seeking for our opinion on whether your draft Rules of Procedure in the Conduct of Hearing by the Sangguniang Panlungsod on Administrative Case Filed Against Elective Barangay Officials are sufficient in substance and conform to the provisions of the Local Government Code of 1991 (RA 7160), particularly Sections 60 to 68. In this regard, please be informed that after a careful examination of the subject draft Rules of Procedure, we find the same to be in conformity with the provisions of the Local Government Code of 1991, except for the following observations/comments for your consideration: 1) Under the Local Government Code of 1991, there are two (2) kinc’s of legislative outputs that can be made by local Sanggunians, namely, (1) ordinances and (2) resolutions. An ordinance is a legislative action of the sanggunian providing for a permanent rule of conduct. On the other hand, resolutions are legislative actions of the sanggunian which are temporary in character or merely expressing sentiments and opinions of that legislative body. Considering that the subject Rules of Procedure are in the nature of temporary rules, they should be adopted by the Sangguniang Panlungsod in the form of a resolution; 2) Considering that the Sangguniang Panlungsod acts as collegial body when conducting a hearing on administrative cases against elective barangay officials, the presence of a quorum is therefore necessary. A quorum should be constituted by a majority of all the members thereof in consonance with the definition as set forth under Section 53 of the Local Government Code;-2- 3) We respectfully suggest for the deletion of the second sentence of Section 5 of the draft Rules of Procedure pertaining to the administration by the Presiding Officer of oath of office to the members of the Sangguniang Panlugsod before the latter's appearance in the hearing as this might give an impression that the Presiding Officer in the Sangguniang Panlungsod (usually the city vice-mayor) has the authority to administer oath of office which is a yn sine qua non for one’s assumption to public Section 21 of Republic Act 6733 does not include vice-mayors as among those authorized to administer oath of office. If the intention of that provision is to remind the members of the Sangguniang Panlungsod to abide by the provision of law in the discharge of their duties during the hearing, that intention was already fulfilled at the time they took their oath of office before their assumption thereto; of 4) With respect to Section 12 of the draft Rules of Procedure, it is suggested. that it should be emphasized that the questions that may be propounded by the Presiding Officer or any Member of the Sanggunian during the administrative hearing should be limited only to clarificatory que: This has to be so in order to ensure that the Pre: ing Officer or the Members of the Sanggunian should not be allowed to ask leading or incriminatory questions which might be misconstrued as already defending or prosecuting a party. 5) It should be clarified that the Sanggunian Secretary, by his ‘own initiative, has no power under Section 6 of the draft Rules of Procedure to make and issue all orders, mandates and notices authorized by the subject rules or by the Sangguniang Panlungsod. We hope that we have addressed your concern accordingly. Very truly yours, sie Undersecretary Legav17 ne ce: The Regional Director DILG ~ National Capital Region LMP Building, Ermin Garcia St. Cubao, Quezon City