ULTRA VIRES VS. ULTRA VIRES

THE Sangguniang Panlungsod (SP) of Dagupan, in its regular session on February 15, passed SP Resolution No. 78893-2022 overriding the veto of Mayor Brian Lim of the SP resolution expressing “this august body’s disappointment for the recent disinformation being conducted by the Public Information Office, this city, in connection with the proposed annual budget for 2022”.

Vetoed by the mayor vetoed the resolution passed two weeks ago, which he deemed ultra vires (meaning: Acting or done beyond one’s legal power or authority). The veto was received by the SP secretariat on February 10.

In response, Councilors Luis Samson Jr. and Teresa Coquia co-authored Resolution No. R-6137 overriding the mayor’s veto. The motion was seconded by Majority Floor Leader Michael Fernandez and was adopted without any objection from the floor.

In moving for the measure, Samson cited Section 55 of Republic Act 7160 or the Local Government Code which states in parts: “The local chief executive may veto an ordinance or resolution only once. The Sanggunian may override the veto of the local chief executive concerned by two-thirds vote of all its members, thereby making the ordinance effective even without the approval of the local chief executive concerned.”

According to the resolution, Section  5 of RA 7160 allows the local chief executive to veto resolution “when they deal with local development plans and public investments program” and Samson pointed out that Resolution No. 78893-2022 “neither approves or disapproves a local development or public investment program.”

Hence, the SP said, it was the veto by Mayor Lim that was in itself ultra vires.

The newly passed resolution addressed to Mayor Lim will be forwarded to DILG Secretary Eduardo Ano, DILG Regional Director Julie Daquioag, DILG Provincial Director Paulino, Lalata and DILG City Director Marlyn Laguipo. (Leonardo Micua)

Share your Comments or Reactions

comments

Powered by Facebook Comments