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

DMS LLLS-2025-08-22-001 Thus, when the Internal Rules and Procedure of the Sangguniang Panlalawigan of Nueva Vizcaya provides that no session is held on the fifth Monday of a month, this runs contrary to Section 52(a). The Sanggunian is still bound to convene on the fifth Monday to meet the minimum one-session-per-week requirement. We opine therefore that SP_ Nueva Vizcaya is still obligated to conduct session on the fifth Monday to comply with the one session per week requirement under Section 52(a) of RA 7160. Similarly, when a scheduled session falls on a holiday or when work is suspended or cancelled, the Sanggunian remains duty-bound to hold at least one regular session within that week. Section 52(a) refers not merely to the scheduling of sessions but to their actual conduct. Accordingly, if the designated session day falls on a holiday or suspension of work, the Sanggunian must still convene within the same week to comply with the law. As to your second query, we affirm that the DILG Legal Opinion dated June 1, 2017 allows the non-conduct of sessions on holidays only if expressly provided in the IRP. However, this does not dispense with the statutory requirement to hold at least one regular session each week. Hence, it would be proper for the IRP to explicitly state that in such instances, the regular session shall instead be held on the next working day—or any other working day within the same week—in order to comply with Section 52(a) of RA 7160. The opinion of this Department is based solely on the facts and circumstances you presented. It is rendered without prejudice to any contrary ruling that may be issued by competent authorities or the courts. We trust that this sufficiently addresses your concern. Very truly yours, BY AUTHORITY OF THE SECRETARY: fOi-s ATTY. ROMEO P. BENITEZ Undersecretary for External, Legal and Legislative Affairs OUSELLA/RPB/LLLS-LRALLD/nss Page 2 of 2