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

Nonetheless, for purposes of academic discussion, it is relevant to note that the Department has previously addressed similar issues. In fact, in DILG Opinion No. 73- A, s. 2019, the Department discussed the scope of the Sangguniang Panlalawigan’s review authority under Section 56(c) of the Code, without making a categorical finding as to whether the sanggunian concerned exceeded its authority. The salient portions of the said opinion are quoted herewith: “It is clear in the foregoing that the only ground to declare an ordinance or resolution invalid, in whole or in part, is when the same is beyond the power conferred upon the sangguniang panlungsod or sangguniang bayan concerned. ‘In DILG Legal Opinion No. 23, series of 2013, we had the opportunity to state that: ‘...aside from the fact that the sangguniang panlalawigan is bound to limit its review of the appropriation ordinance to the requirements set forth by the aforementioned provisions of the Code, Section 56(c) thereof is clear in providing for the only ground upon which a city ordinance or resolution may be declared invalid by the sangguniang panlalawigan ie., the ordinance beyond the power conferred upon the sanggunian concerned. ‘In relation thereto, the case of Moday vs. CA (G.R. No. 107916, February 20, 1997) is instructive. In the said case, the Supreme Court, citing Velazco vs. Blas (G.R. No. L-30456, July 30, 1982) ruled that: ‘The only ground upon which a provincial board may declare any municipal resolution, ordinance, or order invalid is when such resolution, ordinance or order is ‘beyond the power conferred upon the council or president making the same’. Absolutely, no other ground is recognized by the law. A strictly legal question is before the provincial board in its consideration of a municipal resolution, ordinance or order. The provincial (board's) disapproval of any resolution, ordinance or order must be premised specifically upon the fact that such resolution, ordinance or order is outside the scope of the legal powers conferred by law. If a provincial board passes these limits, it usurps the legislative functions of the municipal council, or president. Such has been the consistent course of executive authority.” This opinion is rendered for guidance and academic discussion, without prejudice to any final determination that may be made by the courts or other competent authorities. Very truly yours, Page 3 of 3