MINORITY SUSTAINED ON THREE ISSUES

THE Department of the Interior and Local Government regional office sustained the view of the members of the minority in the Dagupan Sangguniang Panlungsod that a councilor on leave and cannot participate in the session via Zoom or any online platform and neither can he or she sign official documents.

This was one of the four issues contained in a three-page, June 11,2024 letter of Jonathan Paul Leusen Jr., DILG regional director addressed to Vice Mayor Bryan Kua, and the five minority councilors (Michael Fernandez, Jeslito Seen, Dennis Canto, Marcelino Fernandez and Barley Benavides), raised on March 31, 2024.

The five specifically asked for the DILG regional office’s opinion whether SP members on leave can participate in the session of the Sanggunian via Zoom platform.

DILG cited the Department’s Opinion No. 109 s. 20 21…that “a Sanggunian member who is abroad or on leave of absence should not be considered in determining a quorum and should not participate in the deliberation and adoption of the resolution.”

Recall that the majority bloc questioned Kua’s ruling that disallowed Councilor Marilou Fernandez from participating in the May 21 and 28 sessions of the Saggunian while she was in the United States, a situation she duplicated when Councilor Alvin Coquia was allowed to participate while in the U.S. in November 2023.

On the second issue raised by Kua, whether, amendments to the Sanggunian Internal Rules of Procedures without a draft resolution nor a resolution approved by the Sanggunian are deemed legal, DILG said it cannot provide a legal opinion but said  “it is imperative  to note that the Internal Rules of Procedures  (IRP) of the Sanggunian are in the nature of by-laws enacted by the Sanggunian for the orderly and convenient conduct of your proceedings. He said, however: “It does not have the force of law. They are merely procedural and not substantive.”

On the third issue, whether the seven majority councilors who were absent can defer approval of minutes, including the statements made during a regular session, DILG cited the Department’s legal opinion dated August 2, 2010 which states  that minutes, sessions or proceedings are presented for correction and subsequent adoption “by the same members who conducted the sessions or proceedings.”

On the fourth issue, whether Councilor Alvin Coquia can be elected as chairman of the committee on Youth and Sports Development instead of SK Federation President Bradley, DILG cited R.A. 11768, Section 2, that only the SK 2 can be the chairperson of the Committee on Youth and Sports Development.

Upon hearing Minority Leader Councilor Michael Fernandez read DILG’s response, Coquia readily relinquished his chairmanship but was named by his majority colleagues as the committee’s vice chairman. (Leonardo Micua)

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