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. 4 / 5
Based on the foregoing, preventive suspension may be imposed only if all the following
conditions are present:
1) Issues have already been joined;
2) When the evidence of guilt is strong; and
3) 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.
Therefore, the Sangguniang Panlalawigan, as the Quasi-Judicial Body, may revoke
the preventive suspension if any or all of the foregoing conditions are no longer
present. Nevertheless, the Sanggunian Panlalawigan revoked or nullified Resolution
No. 2021-01 on a claim that the suspended officials were not given the opportunity
to_appeal their suspension, which is not a condition for the revocation of the
preventive suspension.
Beside, this level noted that respondents were not denied the opportunity to appeal
their preventive suspension. In the recital of facts, it was manifested that respondents
immediately questioned their preventive 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. In fact, they were given a TRO and an extension, albeit set aside on January
10, 2022.
It bears stressing that under Section 9 of A.O. 22 s. 2011, the preventive suspension
of the respondents, as in this case, can be appealed to the Office of the President.
Further, in Memorandum from the Executive Secretary dated December 1, 2021
entitled “APPELLATE JURISDICTION FO THE OFFICE OF THE PRESIDENT OVER
SUSPENSION ORDERS AGAINST LOCAL ELECTIVE OFFICIALS” (OP
Memorandum), the timely filing of the respondent of an appeal from decisions or
orders of the sanggunian shall not automatically stay the execution of said
sangqunian decisions __or orders. Pertinent portion of the aforesaid OP
Memorandum reads:
The timely filing before the OP of an a eal from decisions or orders
issued by the Sangqunians in administrative cases against local elective
officials shall not automatically stay the execution thereof, pursuant to
Section 9 of Administrative Order (AO) No. 22, s. 2011, in relation to Section
68 of the Local Government Code of 1991.”
2. The OP, however, has authority to order the stay of execution of the final
decision or orders of suspension from office issued by the Sanggunians
against local elective officials, pursuant to Section 9 of AO No. 22 and
consistent with the Supreme Court ruling in Berces Sr. vs. Executive
Secretary.
3. The OP may likewise exercise appellate jurisdiction over orders of
Sanggunians imposing preventive suspension against local elective officials,
pursuant to Section 1 and 9 of AO No. 22, and the doctrine of exhaustion of
administrative remedies. Moreover, this is in aid of the appellate jurisdiction
of the OP over the decisions of such Sanggunians in administrative cases.
XXX XXX XXX
Page 40f 5
If your browser cannot display the PDF, use Download original. Original access follows the same document permissions.