(ECAVING po Salen CEIVE D6 May 2019 NawePosmon __ Cuil Republic ofthe Philippines RECOROSSECTION DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA comer Quezon Avenue, West Triangle, Quezon Cty http: www.dlg.com.ph 06 Hay 2019 CILG OPINION NO, 22S. 2012 HON. LORD DEAN H. CASTILLO. - . ISTMS-DILG Vice-Mayor : Municipality of Isulan R fF Prt 1 | Province of Sultan Kudarat Lon & j ATE He 4 i Dear Vice-Mayor Castillo: ' (ee 7-0/9 - 25-/7 002. This has reference to your letters dated February 21, 2019 and September 21, 2018, requesting for this Department's legal opinion on the review power of the Sangguniang Panlalawigan, and the effect of which when no action is taken by the Sanggunian on a Municipal Ordinance within the thirty-day period to review. ‘As stated in your letter, on February 15, 2018, the Sangguniang Bayan of Isulan enacted Municipal Ordinance No. 2018-224 ISB or the “Integrated Zoning Ordinance of the Municipality of Isulan”. On August 1, 2018, more than four (4) months since the submission of the said zoning ordinance to the Sangguniang Panlalawigan for review, the Sangguniang Bayan of Isulan, through the Office of the Mayor, received Sangguniang Panlalawigan Resolution No. 124, dated July 16, 2018, entitled “Resolution Declaring Resolution No. 2018-224 ISB of the Sangguniang Bayan of Isulan, Void Ab Initio, Without Prejudice to the Reliling of the Revised Municipal CLUP and Zoning Ordinance of the Municipality of Isulan, Sultan Kudarat’. Hence, your query. Foremost, we would like to inform you that Section 56 of Republic Act No. 7160, otherwise known as the “Local Government Code” is the pertinent provision to your concern, which provides that: "SECTION 56. Review of Component Gity and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. - (a) Within three (3) days after approval, the secretary to the Sanggunian Panlungsod or Sangguniang bayan shall forward to the Sangguniang Panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils.(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the Sangguniang Panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform the Sangguniang Panlalawigan in writing of his comments or recommendations, which may be considered by the Sangguniang Pantalawigan in making its decision. (©) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the Sangguniang Panlungsod or Sangguniang bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The Sangguniang Panlalawigan shall enter its action in the minutes and shall advise the corresponding city or municipal authorities of the action it has taken. (d) If no action has been taken by the Sangguniang Pantalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.” ‘This Department had consistently opined that the phrase “take action” in Section 56(d) should mean that the Sangguniang Panlalawigan, within 30 days upon receipt of the copy of the ordinance, should have issued its legislative action in the form of a Resolution containing their disapproval in whole or in part any ordinance or resolution submitted to them for review. It is not enough that they be deliberated, debated and voted on the measure ought to be reviewed because what is required of them is the enactment of a legislative document to formally and finally put to rest a given measure or issue. This document enacted is imbued with public interest, so much that it shall be the basis of the general public to rely upon in performing their respective obligations or asserting their rights in a given territory. Absent this document, all local legislative debates are left as silent records, thus, unenforceable as against third persons. ‘Thus, after the lapse of such 30-day period, and no Resolution which shall contain the findings of the Sangguniang Panlalawigan on review of the municipal ordinance was issued by the Sangguniang Panlalawigan, it can be validly stated that the Sangguniang Panlalawigan failed to act within 30 days and the ordinance under review can be presumed consistent with law and therefore valid’ Our interpretation as to the mandatory character of the 30-day period to take action is also impelled by public policy. Sangguniang Bayan/Panlungsod Ordinances should attain ' DILG Legal Opinion No. 19, $.2009 dated 28 April 2009stability at a given point in time, Otherwise, it would render Sangguniang Bayan/Panlungsod Ordinances unstable and may even result to the subservience of the lower sanggunian to the higher sanggunian considering that the latter can invalidate the ordinance on review at any time it pleases and may even arbitrarily or whimsically disapprove an ordinance which has already been implemented for quite a long time. Further, i the case of Acaac vs, Azcuna?, the Supreme Court held that: “It, however, bears to note that more than 30 days have already elapsed from the time the said ordinance was submitted to the latter for review by the SB, hence, it should be deemed approved and valid pursuant to Section 56 (d) above.” It is settled that when a power is given, and the power is to exercise within a prescriptive period, then such prescriptive period is considered a limitation to such power, this is consistent with the principle that “where a statute prescribes a time within which a public officer is to perform official acts affecting the rights of others, it is directory as to the time, unless from the nature of the act, the designation of time must be considered a limitation on the power of the officer”? Accordingly, this Department finds no cogent reason to depart from its previous legal opinions. We hope to have assisted you accordingly. Very truly yours, By ee of the Secretary: MARIVIL GC, sede CHSO IIL a CC: Dir Josephine C. Leysa Regional Director DILG-Region XIL 1590 2 G.R. No, 187378, 30 September 2013 * DILG Legal Opinion No. 13, $2015 dated 21 May 2015