Inquiry on the Qualified Majority Requirement and Review Authority of the Sangguniang Panlalawigan

: 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.p! h DILG OPINION NO. St 5. 20% RUN 16 2026 HON. ANAMEL C. OLEGARIO Municipal Mayor Ipil Government Complex Municipality of Ipil, Zamboanga Sibugay rchiulaw@hotmail.com SUBJECT: Inquiry on the Qualified Majority Requirement and Review Authority of the Sangguniang Panlalawigan Dear Hon. Olegario, This refers to your request for legal opinion regarding the action of the Sangguniang Panlalawigan (SP) of Zamboanga Sibugay in declaring as ultra vires and thereby invalidating two’ loan ordinances enacted by the Sangguniang Bayan (SB) of Ipil, specifically Municipal Ordinance No. 1-681-2025. That particular loan ordinance, which authorized the Municipality to contract a loan with the Development Bank of the Philippines (DBP), was invalidated by the SP on two grounds: (1) failure to obtain the required ‘qualified majority’ vote; and (2) absence of a prior favorable Monetary Board opinion. According to your representations, the loan ordinance garnered six (6) affirmative votes from the seven (7) members present during the session and was considered duly passed. The SP, however, took the position that seven (7) affirmative votes were required for the valid enactment of the ordinance. Hence, the present request. At the outset, it must be emphasized that this Department, being an agency under the executive branch, is not vested with authority to declare invalid or illegal executive or legislative measures approved by local government officials, nor to rule on the legality of acts allegedly committed in violation of the Local Government Code (hereinafter referred to as the Code) or any other applicable laws. Such authority properly belongs to the courts upon the institution of the appropriate judicial action. Nonetheless, pursuant to the DILG Secretary's delegated power of general supervision over local government units, and for purposes of guidance and academic discussion, the Department addresses the issues raised. 1 The SP of Zamboanga Sibugay invalidated two ordinances. However, the other one, Municipal Ordinance No. 142-680-2024, was declared invalid on different ground: allegedly for SB’s failure to comply with the ‘three (3)- reading rule’. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454