LEGAL INFIRMITIES, VIOLATIONS OF LAW CITED

THE minority bloc in the Sangguniang Panlungsod of Dagupan deplored and objected to a manifestation by the majority bloc for substantial amendments to their House Rules dated October 17, 2023.

The minority councilors responded with a manifestation of their own to the house rules revisions saying it was “a way for the majority to address matters that transpired during the regular session on September 26, 2023, which passed the long-delayed P1.3 billion annual budget of Dagupan.”

The manifestation, signed by Councilors Michael Fernandez, Jeslito Seen, Dennis Canto, Marcelino Fernandez, and Joshua Bugayong during the October 24 regular session, raised legal concerns.

The minority members contend that the amendments encroach upon their powers and the powers of the Presiding Officer, Secretary, and even the Mayor, essentially focused on amendments that pertain on the session’s conduct, participants’ attendance, and the overall authority of the Local Chief Executive.

One amendment states that members on leave may still opt to attend the session online and retain all rights and privileges of a member present in the session. This amendment will enable the majority to decide on all matters regardless of their presence during sessions.

The minority argues that it contradicts the Civil Service Law, which states that a public official on official leave should not attend and perform tasks and functions.

The amended IRP also wants deferment or disapproval of the minutes by all members whether present or absent. Additionally, the amended rules also state that the SP will not recognize the Local Chief Executive’s power to determine urgent matters, which the minority contends is contrary to Article 107(e) of the Internal Rules and Regulations of the Local Government Code.

The minority councilors also branded as objectionable a provision that provide administrative and penal sanctions against the Presiding Officer and the City Secretary, because such a power is outside and beyond the Sanggunian Panlungsod’s authority.

Finally, the minority bloc maintains amendments of the internal rules containing penal sanctions should be done “through an ordinance, not simply a manifestation or an amendment of the internal rules, as ”stipulated in the Local Government Code.”

Councilor Alfie Fernandez, speaking for the majority, said the majority is not keen on filing a resolution or ordinance but merely submitting a manifestation to amend their House Rules.  He welcomed the minority’s objection and their desire to file a declaratory relief and prohibitory injunction before the Court.

He said an ordinance or resolution is subject to veto by Mayor Belen Fernandez.

Ultimately, the majority believes that, without judicial intervention, the amended internal rules will be enforced. (Leonardo Micua)

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