DILG legal opinionSource checked
Can the sangguniang panlalawigan resolution revoke the resolution adopted by its quasi-judicial body when the said resolution was already implemented
DILG Opinion No. 25, s. 2022 · 2022 · DILG legal opinions — verified official source
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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
DILG OPINION No. 25 s.2022
20 April 2022
HON. WEBSTER D. LETARGO
Municipal Mayor
Gumaca, Quezon
Dear Mayor Letargo:
This has reference to your letter dated January 21, 2022 requesting the Department's
prompt and categorical pronouncement on the following issues:
ie
Can the Sangguniang Panlalawigan resolution revoke the resolution
adopted by its Quasi-Judicial Body when the said resolution was already
implemented?
Does the revocation by the Sangguniang Panlalawigan of Resolution No.
2021-01 of the Quasi-Judicial Body of Sangguniang Panlalawigan of
Quezon has the effect of nullifying the Order of Preventive Suspension
issued by the Governor which was also sustained by the Regional Trial
Court, Branch 172, Gumaca, Quezon in an Order dated January 10, 2022?
Your aforesaid letter was forwarded to the Central Office by DILG-Region IV-A Director
Ariel
Iglesia in a letter dated January 24, 2022.
Based on the documents forwarded to the Central Office, hereunder are the relevant
factual antecedents:
With no budget approval in sight, you filed on November 16, 2021 before the
Sangguniang Panlalawigan (SP) of Quezon an Administrative Case for
Oppression and Grave Abuse of Authority against the municipal vice-mayor and
seven (7) sangguniang bayan members;
On December 20, 2021, after all the issues raised have been joined, the Vice-
Governor, Hon. Samuel Nantes, and the remaining five (5) SP Members formed
a Special Committee on Good Governance and Public Accountability which
served as Quasi-Judicial Body of the Sangguniang Panlalawigan, Said Quasi-
Judicial Body thereafter adopted Resolution No. 2021-01, recommending to
Governor Danilo Suarez the preventive suspension of Vice-Mayor Erwin P.
Caralian, SB Members Noel D. Dacillo, Marilou C. Mendoza, Fernando B.
Manalo, Prescilla Gina D. Magbuhos, Elenita B. Lumenario, Ramon Reynante
Q. Castillo, PLB President, and Stephanie C. Marquez, PPKB President
(hereinafter referred to as the “respondents’);
Matino, Mahusay at Maasahan”
Trunkline No.: 8876-34-54
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