LEGAL

OPINI
ON
FOR
THE
WEEK
Legal Opinion No. 10-2017
 Issues:
W/N the Sangguniang Panlungsod is still
required/mandated to conduct sessions for failing to
meet the prescribed minimum number of sessions
because of instances wherein the scheduled regular
sessions are cancelled due to holidays or valid reasons.

Whether or not the Sangguniang Panlalawigan can

validly legislate declaration of its recess starting on the
third week December until the first week of January of
the incoming year in observance of the yuletide season.
 Sec. 50, R.A. No. 7610

SECTION 50. Internal Rules of

Procedure. – (a) On the first regular
session following the election of its
members and within ninety (90) days
thereafter, the Sanggunian concerned
shall adopt or update its existing rules
of procedure. (b) The rules of procedure
shall provide for the following:
 Sec. 50, R.A. No. 7610

(1) The organization of the Sanggunian x x x

(2) The order and calendar of business for each
session;
(3) The legislative process;
(4) The parliamentary procedures which include
the conduct of members during sessions;
(5) The discipline of members x x x
(6) Such other rules as the Sanggunian may
adapt.
 Sec. 52, R.A. No. 7610
SECTION 50. Sessions. – (a) On the first
day of the session immediately following
the election of its members, the Sanggunian
shall, by resolution, fix the day, time, and
place of its regular sessions. The minimum
number of regular sessions shall be once a
week for the Sangguniang Panlalawigan,
Sangguniang Panlungsod and Sangguniang
bayan, and twice a month for the
Sangguniang Barangay.
 Pursuant to the afore-quoted provisions of
law, the sanggunian concerned is mandated to
adopt or update its existing rules of procedure
known as Internal Rules of Procedure (IRP),
which shall govern among others, the
organization of the sanggunian, legislative
process, discipline of members and the
conduct of sessions.
 It bears emphasis that the sanggunian
concerned is empowered to fix the day, time
and place of its regular sessions through a
resolution for that purpose, the minimum
number of which shall be once a week for the
Sangguniang Panlalawigan, Sangguniang
Panglungsod, and Sangguniang bayan, and
twice a month for the Sangguniang Barangay.
 Verily, considering that sessions of
sanggunian concerned are generally governed
by its own IRP, your intertwined queries may
be answered by going over the provisions of
your sangguniang’s IRP.
 Issues:
W/NIf,the Sangguniang
however, the IRPPanlungsod
is silent on is
thestill
matter, then, the sanggunian,
required/mandated to conduct through
sessions
Ifa the IRP expressly
resolution passed provides that theof
by the majority
for failing to still
sanggunian meethasthetoprescribed
conduct
its members, may incorporate in the
minimum
session/snumber
existing in of rule
sessions
IRPinstances
the it because
wherein
as the of
deems
scheduled
instances
appropriatewherein regular sessions
the scheduled
pursuant are
regular
to Paragraph 6,
cancelled
Section 60 due
of thetoLGC
holidays
which orexpressly
valid
sessions
reasons,
are cancelled
then in the
due
lieu IRP
to
thereof,
holidays or
provides that shallsession/s
provide
have to bevalid reasons.
conducted accordingly.
such rules as the Sanggunian may
adopt.
 Further, it is our submission that the concerned
sanggunian can validly adopt the afore discussed rule
without necessarily violating Paragraph (a) Section 52 of
the LGC as regards the minimum number of regular
sessions for the sangguniang panlungsod which shall be
once a week. This is so because legal holidays are
sanctioned by no less than the government, the
observance of which equally apply both to public and
private sectors pursuant to applicable law on the
matter.
 Issues:
Whether or not the Sangguniang
Panlalawigan can validly legislate
declaration of its recess starting on the
third week December until the first week
of January of the incoming year in
observance of the yuletide season.
 It is worth reiterating that the sanggunian’s
internal rules of procedure do not have the
imprints of permanence and obligatoriness
during their effectivity since it does not have
the force of law but merely in the nature of
by-laws designed for the orderly and
convenient conduct of proceedings. They
may even be waived or disregarded upon the
concurrence of the majority of the members
adopting them.
 Issues:
W/N the Sangguniang Panlungsod is still
required/mandated to conduct sessions for failing to
meet the prescribed minimum number of sessions
because of instances wherein the scheduled regular
sessions are cancelled due to holidays or valid reasons.

Whether or not the Sangguniang Panlalawigan can

validly legislate declaration of its recess starting on the
third week December until the first week of January of
the incoming year in observance of the yuletide season.