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Ms. Jocelyn Irene Medenilla-Faner Barangay Pagkakaisa, San Narciso, Quezon

The document provides an opinion from the Department of Interior and Local Government (DILG) on whether a Sangguniang Panlalawigan (provincial council) can review a resolution passed by a Sangguniang Bayan (municipal council) that was vetoed by the Municipal Mayor. The DILG says no, because once a resolution is vetoed by the mayor and not overridden by a two-thirds vote of the Sangguniang Bayan, it has no force or effect and cannot be submitted to the Sangguniang Panlalawigan for approval. The DILG hopes this clarifies the matter for the person who inquired.

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11 views1 page

Ms. Jocelyn Irene Medenilla-Faner Barangay Pagkakaisa, San Narciso, Quezon

The document provides an opinion from the Department of Interior and Local Government (DILG) on whether a Sangguniang Panlalawigan (provincial council) can review a resolution passed by a Sangguniang Bayan (municipal council) that was vetoed by the Municipal Mayor. The DILG says no, because once a resolution is vetoed by the mayor and not overridden by a two-thirds vote of the Sangguniang Bayan, it has no force or effect and cannot be submitted to the Sangguniang Panlalawigan for approval. The DILG hopes this clarifies the matter for the person who inquired.

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jimmy_andang
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© © All Rights Reserved
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DILG OPINION NO. 13 S.

1999
January 29, 1999

Ms. JOCELYN IRENE MEDENILLA-FANER


Barangay Pagkakaisa, San Narciso, Quezon
Re
:
May the Sangguniang Panlalawigan review a resolution
of the Sangguniang Bayan which was effectively vetoed by the
Municipal Mayor?

Madam :
In reply to your above-captioned query, please be informed that we
answer in the negative because once an ordinance or resolution is vetoed by
the municipal mayor, the same is deemed to have been disapproved unless
the sangguniang bayan overrides the veto by a two-thirds () vote of all its
members (Sections 54 and 55, Local Government Code of 1991 [RA 7160]). In this
particular case, nowhere does it appear from the record that the vetoed
resolution of the Sangguniang Bayan was effectively overriden by the said
legislative body. Consequently, said resolution has no force and effect and
could not, therefore, be submitted to the Sangguniang Panlalawigan for
approval because the latters review power extends only to duly approved
ordinances and resolutions approving local development plans and public
investment programs (Sec. 56, RA 7160).
We hope to have enlightened you on the matter.
Very truly yours,

JESUS I. INGENIERO
Assistant
Secretary
cc :

The REGIONAL DIRECTOR


DILG Regional Office No. IV
EDSA, Diliman, Quezon City
The Municipal Local Government
Operations Officer
DILG Municipal Field Office
San Narciso, Quezon

LS:33:43/La:77

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