lo015s2013

. Republic of the PhiliPpinesDEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMTNTA.Francisco Cold Condominiun II, EDSA corner Mapagmahal St., Ditiman' Quezon City

Telephone Number 925.1148' 925 8a 88 ' 925.O3.32\'1rw,dilg.gov.ph

LEGAL SERVICE

DILC Lesal Oninion No. I 5, S. 201326 ApR 2013

ATTY. Edrrro L. YULO ilISangguniang Panlalawigan Member5'h District, Negros Occidental

Dear Aty. Yulo III:

This has reference to you.r letter dated 30 fanuary 2013 requesting this Department toharmonize the Interpretation of Section 323 of the Local Government Code of 1991 vis-ir-visthe Legal Opinion rendered by Regional Director Evelyn A. Trompeta, DILG Region VI,specifically on the prohibition of taking up 'bther business" during the extended sessions inenacting the budget ordinance.

In DILG RO 6 Opirrion No. 01 series of 2013, Regional Director Evelyn A. Trompeta opinedthat the Sanggunian may take up other business during the extended sessions, especially inconsideration of the exigency and importance of the other business, based on the use of thepermissive word "may" in Section 323 of the Local Government Code of 1991.

Coming now to your instant query, please be advised tJlat irr DILG Opinion No. 3 s. 2013addressed to Governor Alfredo G, Marafion, that province, we have already answered thesame issue. A copy of said opinion is hereto attached for your reference.

In the aforementioned opinion, we clarified that Section 323 of the LGC of 1991 is clear thatif the sanggunian concerned fails to pass an or&nance approving the annual budget, it shallcontinue to hold sessions, until such ordinance is approved and no other business may betaken up during such sessions. Basic is the rule in statutory construction that where thelanguage of the law is clear, it must be applied according to its express terms (Azarcon vs.Sandiganbayan, 268 SCRA 747, February 26, 1997', Ramirez vs. CA, 248 SCRA 590,September 28, 1995).

While we agree that the operations and basic services of your LGU should not be hamperedor affected by the failure ofthe sanggunian to pass your budget ordinance, we ate ofthe viewtllat no other business may be tal

We hope to have enlightened you on the matter.

Very truly yours,

nG)e#*rvDirector III

Copy furnished:

RD Evelyn A. TrompetaDILG Region VI6 Parola St., Fort San PedroIloilo City

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