Opinion on the Procedure of the Review by the Sangguniang Panlalawigan of Reclassification Ordinances of Component Cities and Municipalities under Sections 20 and 56 of the Local Government Code of 1991

regulations, it bears emphasizing that the authority to review the ordinance under Section 56 properly pertains to the Sangguniang Panlalawigan acting as a collegial legislative body. While the Secretary to the Sanggunian may, as part of the administrative processing of documents, call the attention of the originating Sanggunian to apparent deficiencies in the transmitted ordinance, the more procedurally sound course is to formally refer the ordinance to the appropriate committee of the Sangguniang Panlalawigan for evaluation and recommendation. Such referral ensures that the review process is undertaken within the established legislative procedures of the Sanggunian and that any determination of compliance with statutory requirements is properly deliberated upon. As regards the second query, if the ordinance has already been referred to the appropriate committee and it is discovered during committee deliberations that mandatory requirements for reclassification are incomplete or lacking, the committee may formally request the originating Sanggunian to submit the missing certifications or supporting documents within a reasonable period. This is consistent with the committee’s evaluative function and the inherent authority of legislative bodies to obtain information necessary for the proper discharge of their duties. Any action to return or remand the measure to the originating Sanggunian for compliance with documentary or procedural requirements, however, must be undertaken within the thirty (30)-day review period prescribed under Section 56 of the Local Government Code of 1991, reckoned from receipt of the ordinance. Such remand should be understood solely as a procedural measure to facilitate a complete and informed review and must not be construed as diminishing or interfering with the legislative authority and discretion of the component Sanggunian that enacted the ordinance. Accordingly, the committee is not strictly confined to the documents originally submitted where additional information is necessary to determine whether the ordinance complies with the requirements of law. The submission of such additional documents merely facilitates the proper exercise of the review authority under Section 56 of the Local Government Code, particularly in determining whether the ordinance was enacted within the powers of the originating Sanggunian and in accordance with applicable statutory and regulatory requirements governing land reclassification. Ultimately, after the conduct of committee evaluation and deliberation, the matter shall be elevated to the Sangguniang Panlalawigan, which may then act on the ordinance in accordance with the review authority vested upon it by law, including the declaration of the ordinance as invalid should it be found to be beyond the powers of the Sanggunian concerned or inconsistent with existing laws and regulations, as contemplated under Section 56 of the Code. In view of the foregoing, itis respectfully submitted that the Sangguniang Panlalawigan may require the submission of missing certifications or supporting documents necessary for the proper evaluation of reclassification ordinances, consistent with its review authority under the Local Government Code, while at the same time ensuring due respect for the legislative autonomy of component local government units. We trust that the foregoing sufficiently addresses your request for guidance. Thank you. Page 2 of 2