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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“Acting with dispatch, Governor Suarez issued Memorandum No. 328
preventively suspending the aforesaid officials and Memorandum No. 329,
designating SB Member Rico J. Bafial, the most senior among those not
suspended SB members as the Acting Vice-Mayor;
The respondents immediately questioned their suspension by filing Civil Case
No. 3494-G for Nullification of the Order of Preventive Suspension with Prayer
for Temporary Restraining Order (TRO) and/or Preliminary Injunction before the
RTC Gumaca, Quezon;
The respondents were able to obtain a 3-day TRO from the Vice Executive
Judge, Maria Lourdes C. Gutierrez in the afternoon of December 23, 2022. Such
TRO was made effective for a period of 72 hours or until the afternoon of
December 26, 2021;
During the lifetime of the 72-hour TRO, particularly on December 25, 2021, taking
advantage of their majority number, the respondents held an online special
session just to adopt a resolution nullifying everything that the Sangguniang
Bayan composed of Acting Vice-Mayor Bafial and SB Members Ruvilon Juancho
‘Mercurio and John Genmar Ylagan approved during special sessions of
December 21 until 23, 2021. This includes the Annual Budget for FY 2021,
Supplemental Budget No. 1 for FY 2021, and Annual Budget for FY 2022;
On December 29, 2022, respondents were able to obtain an extension of the
TRO for additional seventeen (17) days or until January 15, 2022;
However, Acting Judge of RTC Branch 172, Hon. Michael E. Vito, issued an
Order dated January 10, 2022 denying the respondents’ prayer for Preliminary
Injunction and accordingly, setting aside the order for the extension of the TRO
dated December 29, 2021;
The Sangguniang Panlalawigan, during its session on January 14, 2022 adopted
a resolution revoking/nullifying Kapasiyahan Blg. 2021-01 of the quasi-judicial
body which recommended to Governor Suarez the preventive suspension of
Vice-Mayor Caralian and 7 SB members of Gumaca, Quezon. They posit as the
ground for revocation/nullification of the Kapasiyahan their claim that the
suspended officials were not given the opportunity to appeal their suspension;
-On January 17, 2022 regular session, Vice-Mayor Caralian and the 7 other SB
Members insisted on attending the session relying on the Sangguniang
Panlalawigan Resolution revoking/nullifying Kapasiyahan Blg. 2021-01 but with
utter disregard of the order of RTC Branch 172 reimposing their suspension;
On January 21, 2022, the Office of the Mayor received a letter dated January 18,
2022 signed by Vice-Mayor Caralian and the 7 other SB Members with an
excerpt of the transcription of the regular session the of the Sangguniang
Panlalawigan of Quezon nullifying Kapasiyahan Blg. 2021-01 of the Quasi-
Judicial Body of the Sangguniang Panlalawigan of Quezon.
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