What will happen to the municipal ordinance If no action has been taken by the SP within thirty (30) days after submission of such an ordinance for review?

Section 56 of the LGC provides:

SEC. 56. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. – (a) Within three (3) days after approval, the secretary to the Sangguniang Panlungsod or Sangguniang Bayan shall forward to the Sangguniang Panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils.

(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the Sangguniang Panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform the Sangguniang Panlalawigan in writing his comments or recommendations, which may be considered by the Sangguniang Panlalawigan in making its decision.

(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the Sangguniang Panlungsod or Sangguniang Bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The Sangguniang Panlalawigan shall enter its action in the minutes and shall advise the corresponding city or municipal authorities of the action it has taken.

(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.

In this case, petitioners maintain that the subject ordinance cannot be deemed approved through the mere passage of time considering that the same is still pending with the Committee on Fisheries and Aquatic Resources of the SP.35 It, however, bears to note that more than 30 days have already elapsed from the time the said ordinance was submitted to the latter for review by the SB;36 hence, it should be deemed approved and valid pursuant to Section 56 (d) above. As properly observed by the CA:

Par. (d) should be read in conjunction with par. (c), in order to arrive at the meaning of the disputed word, “action.” It is clear, based on the foregoing provision, that the action that must be entered in the minutes of the sangguniang panlalawigan is the declaration of the sangguniang panlalawigan that the ordinance is invalid in whole or in part. x x x.

This construction would be more in consonance with the rule of statutory construction that the parts of a statute must be read together in such a manner as to give effect to all of them and that such parts shall not be construed as contradicting each other. x x x laws are given a reasonable construction such that apparently conflicting provisions are allowed to stand and given effect by reconciling them, reference being had to the moving spirit behind the enactment of the statute.37

Source:

G.R. No. 187378               September 30, 2013

RAMONITO O. ACAAC, PETALFOUNDATION, INC., APOLINARIO M. ELORDE, HECTOR ACAAC, and ROMEO BULAWIN, Petitioners,
vs.
MELQUIADES D. AZCUNA, JR., in his capacity as Mayor, and MARIETES B. BONALOS, in her capacity as Municipal Engineer and Building Official-Designate, both of Lopez Jaena Municipality, Misamis Occidental, Respondents.

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Legislation, LGC, LGU, Ordinance, Question and Answers, Resolution, Sangguniang Bayan, Sangguniang Panlalawigan, Sangguniang Panlungsod and tagged , , , , , , . Bookmark the permalink.

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