An independent Philippine legal research libraryRead with context. Verify with confidence.
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

Source checked. The source check identifies the document; it does not verify every transcribed word or its current legal effect. Recovered or scanned text may contain errors. Compare the wording and subsequent history with the linked legal source.

SCANNED TEXT · CHECK ORIGINAL WORDING · DIGITAL P. 2 / 5
“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. Page 2 of 5