The document responds to two queries from the Sangguniang Bayan Secretariat of San Jose, Northern Samar regarding (1) whether a resolution passed by the Sangguniang Bayan needs approval from the Municipal Mayor, and (2) whether deliberations ordered to be deleted from meeting minutes can still be included. The response provides that resolutions generally do not require mayoral approval, except those related to development plans and programs, and that the Sangguniang Bayan has discretion to set its own procedural rules including removal of deliberations from records.
The document responds to two queries from the Sangguniang Bayan Secretariat of San Jose, Northern Samar regarding (1) whether a resolution passed by the Sangguniang Bayan needs approval from the Municipal Mayor, and (2) whether deliberations ordered to be deleted from meeting minutes can still be included. The response provides that resolutions generally do not require mayoral approval, except those related to development plans and programs, and that the Sangguniang Bayan has discretion to set its own procedural rules including removal of deliberations from records.
The document responds to two queries from the Sangguniang Bayan Secretariat of San Jose, Northern Samar regarding (1) whether a resolution passed by the Sangguniang Bayan needs approval from the Municipal Mayor, and (2) whether deliberations ordered to be deleted from meeting minutes can still be included. The response provides that resolutions generally do not require mayoral approval, except those related to development plans and programs, and that the Sangguniang Bayan has discretion to set its own procedural rules including removal of deliberations from records.
The document responds to two queries from the Sangguniang Bayan Secretariat of San Jose, Northern Samar regarding (1) whether a resolution passed by the Sangguniang Bayan needs approval from the Municipal Mayor, and (2) whether deliberations ordered to be deleted from meeting minutes can still be included. The response provides that resolutions generally do not require mayoral approval, except those related to development plans and programs, and that the Sangguniang Bayan has discretion to set its own procedural rules including removal of deliberations from records.
A. Francisco Gold Condominium II Bldg, EDA corner !apagmahal t., Diliman, "ue#on Cit$ LEGAL SERVICE %pinion &o. '(, s. ')*) )+ April ')*) Ms. CECILIA A. TOMENIO Secretary to the Sangguniang Bayan angguniang Ba$an ecretariat !unicipalit$ of an ,ose Pro-ince of &orthern amar Dear !s. .omenio/ Presented before this Department are the follo0ing queries raised in $our letter dated *( !arch ')*), and the same is 1uoted in toto / a. Whether or not a resolution enate! "# the $an%%unian% &a#an entitled 2A Resolution Requesting the Commission on Audit (COA), Central Office to Conduct a Special Audit on the Operations of the Local Goernment !nit of San "ose, #orthern Samar for Calendar $ear %&&'3 still nee!s the a''ro(al o) the Munii'al Ma#or*4 and b. 5Whether or not !eli"erations trans'ire! !urin% the session "ut +ere or!ere!, -o(e! to "e !elete! or stri.en out )ro- the reor! on that sa-e session "eause it +as asserte! that it is out o) or!er "e still inlu!e! in the /ournals,-inutes )or onsi!eration6. On 0uer# A1 .he core of $our first 1uer$ is 0hether a resolution dul$ enacted b$ the angguniang Ba$an needs appro-al from the !unicipal !a$or. In repl$, 0e refer to $ou DILG O'inion No. 234 $eries o) 25654 particularl$ the discussion on Pages 7 and 8 thereof/ ())) this *epartment consistently opines that not all legislative measures passed +y the Sangguniang Bayan should +e su+,ect to the APPROVAL or eto of the -unicipal -ayor. /he scope of the approal or eto po0er of the local chief e)ecutie is limited only to (1) ordinances, and (%) resolutions approing local deelopment plans and pu+lic inestment programs. Allo0 us to e)plain our legal +asis thereto. Section 23 of the Local Goernment Code of 1''1 is e)plicit that eery ordinance shall +e su+,ect to the approal of the local chief e)ecutie +ut it seems uncertain in the case of resolutions. #o mention 0as made 0ith respect to resolutions +ut the third sentence of the same section authori4es the sanggunian concerned to oerride the eto of the goernor or mayor (there+y ma5ing the ordinance or resolution effectie6. Let it +e noted that 0here the eto po0er is e)ercisa+le, as an alternatie, the approal of the measure is also required. A later proision, that is, 7aragraph (+), Section 22 of the Code, has made more specific in empo0ering the mayor to eto any ordinance or resolution adopting a local deelopment plan and pu+lic inestment program. /hus, generally, only ordinances are subject to veto. /he Code, ho0eer, under Section 22 (+), allo0s the local chief e)ecutie to eto resolutions 0hen they deal 0ith local deelopment plans and pu+lic inestment programs. /he reason is that resolutions of that 5ind inole the inestment of pu+lic money and are in effect ordinances (7imentel, Aquilino 8., /he Local Goernment Code of 1''1. /he 9ey to #ational *eelopment, 1''%, p.1:2). /hus, +y the language of Section 22 of the Code, it leaes us no room to dou+t that the municipal mayor;s eto po0er e)tends only to ordinances and insofar as resolutions are concerned, only those 0hich deal 0ith local development plans and public investment programs formulated +y the local deelopment councils.6 9emphasis and underscoring supplied: On 0uer# &1 ;ocal legislati-e po0er shall be e<ercised b$ the sangguniang panlala0igan for the pro-ince4 the sangguniang panlungsod for the cit$4 the sangguniang ba$an for the municipalit$4 and the sangguniang baranga$ for the baranga$. * As the seat of legislati-e po0er 0ithin the municipalit$, the angguniang Ba$an is sanctioned to adopt or update its o0n Internal Rules of Procedure ' on the first regular session follo0ing the election of its members and 0ithin ninet$ 9=): da$s thereafter 7 .
.his includes the rules of procedure to be adopted during the sessions of the anggunian 0hich must be recorded in a sanggunian >ournal pursuant to ection (' 9e: 8 of the ;ocal Go-ernment Code. Rules of parliamentar$ practice are merel$ procedural and not substanti-e. .he rules of procedure adopted b$ deliberati-e bodies ha-e not the force of a public la0, but the$ are merel$ in the nature of b$?la0s, prescribed for the orderl$ and con-enient conduct of their o0n proceedings. .he rules adopted b$ deliberati-e bodies are sub>ect to re-ocation, modification, or 0ai-er at the pleasure of the bod$ adopting them. ( @hile there is no mention of an$ internal rules b$ the angguniang Ba$an of an ,ose pro-iding for the deletion or remo-al of deliberations that are mo-ed and appro-ed b$ the said legislati-e bod$ to be stricAen off or deleted from the records, it is the opinion * ection 8B, Chapter III, ;ocal Go-ernment Code ' ection (), Ibid. 7 ection () 9a:, Ibid. 8 Each sanggunian shall Aeep a >ournal and record of its proceedings 0hich ma$ be published upon resolution of the sanggunian concerned ( Alberto Romulo -s &icanor CDigue#, G.R. &o. +*=)B, )8 Februar$ *=BE of this Department that the same is permissible as the same is not contrar$ to la0, morals, good customs, public order and public polic$. .hanA $ou -er$ much and 0e hope that the foregoing settles all $our concern. Fer$ trul$ $ours, B$ Authorit$ of the ecretar$/ ATT7. 8E$9$ &. DO09E IV Director III, ;egal er-ice