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Regular sanggunian sessions on fifth Mondays, holidays, or suspended-work days under the IRP and Section 52(a) of the Local Government Code

DILG Opinion No. 139, s. 2025 · 2025 · DILG legal opinions — verified official source

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BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph OILG OPINION NO. 24. OCT 17 2025 ATTY. SHIRILYN DC. GAUUAN Attorney IV Audit Team Leader Office of the Auditor-Audit Team No. R2-01 National Road, Magsaysay, Bayombong, Nueva Vizcaya Dear Atty. Gauuan: This pertains to your Letter dated August 20, 2025 requesting the Department for legal opinion/clarification on your queries, to wit: 1. In adopting rules in the IRP—such as not conducting regular sessions when there is a fifth Monday in a month, or when a Monday falls on holiday or work was suspended or cancelled does this not contravene Section 52(a) of the LGC, which requires the conduct of regular session at least once a week? and 2. Does the DILG Legal Opinion dated June 1 , 2017 allow the non-conduct of regular sessions on holidays only if this is expressly provided in the IRP, and does not, in effect, waive the requirement to hold at least one regular session during that week? If so, would it be more appropriate for the IRP to provide that when the scheduled regular session falls on a holiday or when work was suspended or cancelled, a regular session should instead be held on the next working day within the same week? To answer your queries, may we invite your attention to Section 52 (a) of Republic Act No. 7160, otherwise known as the Local Governmnet Code of 1991: SECTION 52. 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. [Emphasis supplied] In the above-quoted provision of RA 7160, it is expressly stated that the Sanggunian is enjoined to conduct regular sessions at least once a week. With once a week, it is understood that a week refers to a “period of time consisting of seven consecutive days”. 1 Philippine National Bank v. Court of Appeals, et al., G.R. No. 98382, May 17, 1993 “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454