Can the sangguniang panlalawigan resolution revoke the resolution adopted by its quasi-judicial body when the said resolution was already implemented

We deem it proper to answer the two (2) issues raised in one (1) discussion since they are interrelated. Based on the recital of facts, a Special Committee on Good Governance and Public Accountability (referred to as the Quasi-Judicial Body of the Sangguniang Panlalawigan) composed of the remaining 5 SP Members adopted Resolution No. 2021-01 recommending to Governor Suarez the preventive suspension of Vice-Mayor Caralian and 7 other SB Members. Having the power to place respondents under preventive suspension, it follows that this so-called Quasi-Judicial Body of the Sangguniang Panlalawigan also has the power to revoke, provided however that such revocation shall be done in a proper case and under appropriate circumstances. In numerous legal opinions rendered by the Department', we explained that the disciplining and investigating authority has the sole power and discretion to determine whether or not preventive suspension is warranted. Preventive suspension is thus said to be an incident to jurisdiction and/or tool for the disciplining authority, that is, the Sangguniang Panlalawigan in this case, to make use of in the course of its administrative investigation. Thus, we also opined therein that the subsequent imposition of preventive suspension on the part of the governor or mayor upon the respondents is purely ministerial. In the event that the Sangguniang Panlalawigan decides to revoke its decision to place respondent under preventive suspension, it follows that there is no longer any basis for the governor or mayor to impose the preventive suspension upon the respondents since as we have already stated, the governor or mayor is only performing a ministerial function. At this juncture, it may be we well to emphasize that while the Sanggunian Panlalawigan has the power to revoke its decision to place respondent under preventive suspension, the same must be done in a proper case and under appropriate circumstances. 7 As to what is an example of this proper case and appropriate circumstances, Section 63 of RA 7160 or the Local Government Code of 1991 is instructive: “SECTION 63. Preventive Suspension. - (a) Preventive suspension may be imposed: XXX XXX XXX (2) By the governor, if the respondent is an elective official of a component city or municipality; or XXX XXX XXX (b) Preventive suspension may be imposed at any time after the issues are joined, when the evidence of guiit is strong, and given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence xxx” 1 DILG Legal Opinion No. 44, series of 2004; DILG Legal Opinion No. 41, 2009. Page 3 of 5