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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 MemberHON. 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 theLocal 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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Res. No. 074-sb2013

Sangguniang Bayan

Balete, Aklan

- - - -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 onthe hierarchy of its sources in the following order:

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

shalladopt orupdate its existingrules 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 Osmea 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. Yiguez (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 ofadopting 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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Res. No. 074-sb2013

Sangguniang Bayan

Balete, Aklan

- - - -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 declarationof the sentiment or opinion of a lawmaking body on a specific matter and whose nature is

temporary (cf. Municipality of Paraaque 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 ofthe 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