LEGAL

OPINI
ON
FOR
THE
Legal Opinion No.WEEK
10-2017
 Issues:
W/N the Sangguniang Panlungsod is still
required/mandated to conduct sessions for failing
to meet the prescribed minimum number of
sessions because of instances wherein the
scheduled regular sessions are cancelled due to
holidays or valid reasons.

Whether or not the Sangguniang Panlalawigan

can validly legislate declaration of its recess
starting on the third week December until the first
week of January of the incoming year in
observance of the yuletide season.
 Sec. 50, R.A. No. 7610

SECTION 50. Internal Rules of

Procedure. – (a) On the first
regular session following the
election of its members and
within ninety (90) days
thereafter, the Sanggunian
concerned shall adopt or
update its existing rules of
procedure. (b) The rules of
 Sec. 50, R.A. No. 7610

(1) The organization of the Sanggunian

xxx
(2) The order and calendar of business
for each session;
(3) The legislative process;
(4) The parliamentary procedures
which include the conduct of
members during sessions;
(5) The discipline of members x x x
(6) Such other rules as the Sanggunian
 Sec. 52, R.A. No. 7610
SECTION 50. Sessions. – (a) On the
first day of the session immediately
following the election of its
members, the Sanggunian shall, by
resolution, fix the day, time, and
place of its regular sessions. The
minimum number of regular
sessions shall be once a week for
the Sangguniang Panlalawigan,
Sangguniang Panlungsod and
 Pursuant to the afore-quoted
provisions of law, the sanggunian
concerned is mandated to adopt or
update its existing rules of
procedure known as Internal Rules
of Procedure (IRP), which shall
govern among others, the
organization of the sanggunian,
legislative process, discipline of
members and the conduct of
sessions.
 It bears emphasis that the
sanggunian concerned is
empowered to fix the day, time and
place of its regular sessions through
a resolution for that purpose, the
minimum number of which shall be
once a week for the Sangguniang
Panlalawigan, Sangguniang
Panglungsod, and Sangguniang
bayan, and twice a month for the
Sangguniang Barangay.
 Verily, considering that sessions of
sanggunian concerned are generally
governed by its own IRP, your
intertwined queries may be
answered by going over the
provisions of your sangguniang’s
IRP.
 Issues:
W/NIf,the Sangguniang
however, Panlungsod
the IRP is silent on the
matter,
is stillthen, the sanggunian, through
required/mandated to
Ifa the IRP expressly
resolution passed provides
by the that theof
majority
conduct sessions
sanggunian still hasfor
to failing to
conduct
its members, may incorporate in the
meet the
session/s prescribed
in instances minimum
wherein
existing IRP the rule as it deems the
number of pursuant
scheduled
appropriate sessions tobecause
regular sessions are of
Paragraph 6,
cancelled
instances
Section duethetoLGC
60 wherein
of holidays
the orexpressly
valid
scheduled
which
reasons,
providesthen in the
that lieu IRP
thereof,
shallsession/s
provide
regular sessions are cancelled
have
such to be conducted
rules accordingly.
as the Sanggunian may
due to holidays or valid reasons.
adopt.
 Further, it is our submission that the
concerned sanggunian can validly adopt the
afore discussed rule without necessarily
violating Paragraph (a) Section 52 of the LGC
as regards the minimum number of regular
sessions for the sangguniang panlungsod
which shall be once a week. This is so
because legal holidays are sanctioned
by no less than the government, the
observance of which equally apply both
to public and private sectors pursuant
to applicable law on the matter.
 Issues:
Whether or not the Sangguniang
Panlalawigan can validly legislate
declaration of its recess starting
on the third week December until
the first week of January of the
incoming year in observance of
the yuletide season.
 It is worth reiterating that the
sanggunian’s internal rules of
procedure do not have the imprints
of permanence and obligatoriness
during their effectivity since it does
not have the force of law but
merely in the nature of by-laws
designed for the orderly and
convenient conduct of proceedings.
They may even be waived or
 Issues:
W/N the Sangguniang Panlungsod is still
required/mandated to conduct sessions for failing
to meet the prescribed minimum number of
sessions because of instances wherein the
scheduled regular sessions are cancelled due to
holidays or valid reasons.

Whether or not the Sangguniang Panlalawigan

can validly legislate declaration of its recess
starting on the third week December until the first
week of January of the incoming year in
observance of the yuletide season.