Laws and Jurisprudence on the Illegalities conducted by the by the 12

Sanggunian Members and the City Mayor

 Ultra Vires Acts (Election of a Presiding Officer in the presence of the

Vice Mayor )
o Section 49, Paragraph B of the Local Government Code provides
that the members present may only elect a temporary presiding
officer in the event of the inability of the regular presiding
Officer.

In our case, the presiding officer is present and able. In which

case an election of a temporary presiding officer is uncalled for
and illegal.
o In the case of La Carlota City vs Atty Rojo, the Supreme Court
held that a Sanggunian is a collegial body, the acts of only a part
of the Sanggunian done outside the parameters of the legal
provisions of are legally infirm, highly questionable and are,
more importantly, null and void.

 Violation of the Doctrine of Checks and Balances

o There is a statutory basis in the existence of the Checks and
Balances of the Executive and the Legislative Departments of the
Local Government Unit.
o Bankrupting a Legislative Department tantamount to its
abolition. Transferring the budget of the Legislative into an
account under the Executive defeats the intention of the law in
decentralizing the power of the local government unit as
discussed in the Senate deliberations of the Senate Bill No 155
or the Local Government Code.

 Violation of the Separation of Powers

o In the case of Atienza vs Villarosa, the Supreme Court held that
under the 1991 LGC, the union of the legislative and executive
powers in the office of the local chief executive has been
disbanded with the end view of ensuring better delivery of public
service and providing a system of check and balance between
the two.
o There will be no separation of powers when the City Mayor
controls the budget of the legislative department. It defeats the
purpose of the law which is to provide a different and non-
intermingling official personalities.