Republika ng Pilipinas

Republika ng Pilipinas

Lalawigan ng Sultan Kudarat

TANGGAPAN NG SANGGUNIANG PANLALAWIGANISO 9001:2008 Certified Sangguninan

Isulan, Sultan Kudarat

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF

THE THIRTEENTH SANGGUNIANG PANLALAWIGAN, HELD

IN ITS SESSION HALL, CAPITOL BUILDING,

ISULAN, SULTAN KUDARAT, ON AUGUST 26, 2014AT 9:00 A.M.

Present:

Hon. Ernesto F. Matias, MD

- - - - - - - - - - - Vice Governor

Presiding Officer1st District

Francis Eric E. Recinto

- - - - - - - - - - - - - - - - - - MemberHon. Manuel S. Lastimoso, Jr - - - - - - - - - - - - - - - - - -Member

Hon. German M. Malcampo

- - - - - - - - - - - - - - - - - - Member

2nd District

Hon. Joseph M. Ortiz

- - - - - - - - - - - - - - - - - - Member

Hon. Kahirup C. Ang, MD.- - - - - - - - - - - - - - - - - - Member

Hon. Rolando D. Forro

- - - - - - - - - - - - - - - - - - Member

Hon. Rene C. De Manuel

- - - - - - - - - - - - - - - - - -Member

Sectoral RepresentativeHon. Joenime B. Kapina (PCL) - - - - - - - - - - - - - - - - - - Member

Absent:

Hon. Eduardo M. Duque - - - - - - - - - - - - - - - - Member

Hon. Orfelina P. Segura (OB)- - - - - - - - - - - - - - - - - - Member

Hon. Cesar L. Fornan

- - - - - - - - - - - - - - - - - - Member

Hon. Expedito F. Faderan (LnB) OB

- - - - - - - - - - - - - MemberRESOLUTION NO. ______- 13th-SP-14RESOLUTION RECALLING RESOLUTION NO. 204-078 (MUNICIPAL ORDINANCE NO. 20144-201 ISB) AND RESOLUTION NO. 2014-079 ISB OF ISULAN, SULTAN KUDARAT AND DECLARING INVALID, FOR BEING ULTRA VIRES, ALL ORDINANCES PASSED BY THE SANGGUNIANG BAYAN OF ISULAN IN A SESSION PRESIDED BY HON. CYRUS E. TORRENA AS VICE MAYOR AND APPROVED BY HON. DIOSDADO G. PALLASIGUE AS MAYOR DURING THE LATTERS SUSPENSION. WHEREAS, on April 7, 2014, the 13th Sanggunniang Panlalawigan issued its decision in the Administrative Case No. SP-2013-01 re: Elias S. Segura, Jr. versus Hon. Diosdado G. Pallasigue for Gross Neglect of Duty and Grave Abuse of Authority, wherein the Respondent Mayor was found GUILTY as charge and recommended to be suspended from office for a period of six (6) months;

WHEREAS, on April 28, 2014, acting on the Decision of the 13th Sangguniang Panlalawigan and pursuant to the power vested in the Governor by RA 7160, otherwise known as the Local Government of 1991, Hon. Datu Suharto T. Mangudadatu, Al Haj, issued Administrative Order No. 002, series of 2014, suspending from office Hon. Diosdado G. Pallasigue, Municipal Mayor of Isulan, for a period of six (6) months, effective immediately, upon receipt of the Suspension Order; Page two (2) -

WHEREAS, so as to ensure that the delivery of basic services in the said municipality will not be disrupted or hampered by reason of the Mayors suspension, the Honorable Governor, in the same Order, has placed Hon. Cyrus E. Torrena, Municipal Vice Mayor as Acting Mayor for the duration of the Mayors suspension;

WHEREAS, on April 30, 2014, the Honorable Mayor of Isulan appealed the Decision of the Sangguniang Panlalawigan and the Order of the Governor to the Office of the President of which, to date, no Order has been received relative to the same;

WHEREAS, section 68 of RA 7160 is very explicit that an appeal shall not prevent a decision from becoming final and executory;WHEREAS, on June 19, 2014, the Office of the Secretary to the Sangguniang Panlalawigan received the following resolutions of the Sangguniang Bayan of Isulan, of which, on the face of said resolutions, the same were passed and approved on June 2, 2014, to wit:

1. Resolution No. 2014 -078 ISB (Municipal Ordnance No. 2014-201 ISB) entitled Resolution Enacting An Ordinance Amending Section 7A.01, (1) (2) and (7), Article A, Chapter VII Of Municipal Ordinance No. 2004-141 ISB, Otherwise Known As The Revised Revenue Code Of The Municipality Of Isulan And Prescribing Uniform Rates On Stalls Located At The New Market Shed, Providing Penalties For Violation And For Other Purposes; and2. Resolution No. 2014 -079 ISB entitled Resolution Enacting An Ordinance Providing For The New Rates For Police Clearance Fees Repealing For The Purpose Section 6C.01, Article C, Chapter VI of Municipal Ordinance No. 2004-141 ISB Otherwise Known As The Revised Revenue Code Of The Municipality Of Isulan And For Other Purposes; WHEREAS, on August 8, 2014, the Office of the Secretary to the Sangguniang Panlalawigan received another resolution, i.e., Resolution No. 2014 -110 ISB (Municipal Ordinance No. 2014-203 ISB) entitled Resolution Enacting A Ordinance Providing For The Rules And Regulations In The Operation Of The Mallengke, Prescribing Rental Fees On Stalls And Spaces And Penalties For Violation Hereof And For Other Purposes; Said resolution-ordinance was passed and approved on August 4, 2014; WHEREAS, on August 8, 2014, the Office of the Secretary to the Sangguniang Panlalawigan received another resolution, i.e., Resolution No. 2014 -107 ISB (Appropriation Ordinance No. 2014-006 ISB) entitled Resolution Approving The Supplemental Budget No. 1 of the Municipality of Isulan For FY 2014; Said resolution-ordinance was passed and approved on July 28, 2014;

WHEREAS, the aforesaid Resolutions-Ordinances were passed and approved by the Sangguniang Bayan of Isulan during the period of which the Honorable Mayor, Hon. Diosdado G. Pallasigue, was suspended and the conduct of sessions during those passage were presided by Hon. Cyrus E. Torrena, DPA who is an Acting Mayor by virtue of the Suspension Order issued by the Governor;

WHEREAS, the acts of Hon. Cyrus E. Torrena in presiding over the session of the Sangguniang Bayan of Isulan from the period of which he is being Ordered to act as Mayor and that of Hon. Diosdado G. Pallasigue in approving the aforementioned Resolutions-Ordinances during the latters suspension are clear manifestation of acting without color of authority thus, considered invalid acts for being ultra vires in nature;

Page three (3)

WHEREAS, despite the aforementioned Decision and Order of Suspension, the August body overlooked the passage and approval of resolutions-ordinances of Isulan, namely: 1) Resolution No. 2014 -078 ISB (Municipal Ordnance No. 2014-201 ISB) and 2) Resolution No. 2014 -079 ISB which were approved on June 30, 2014 through Resolution No. 85 and Resolution No. 86, respectively;NOW THEREFORE, all premises considered, upon motion of Hon. Manuel S. Lastimoso, Jr. and duly seconded by Hon. Joenime B. Kapina, it was - RESOLVED, as it is hereby resolved, to recall Resolution No. 2014 -078 ISB (Municipal Ordnance No. 2014-201 ISB) and 2) Resolution No. 2014 -079 ISB of Isulan, Sultan Kudarat and declare invalid, for being ultra vires, all Ordinances passed by the Sangguniang Bayan of Isulan in a session presided by Hon. Cyrus E. Torrena as Vice Mayor and approved by Hon. Diosdado G. Pallasigue as Mayor during the latters suspension. RESOLVED FURTHER, to forward copies of this resolution the Sangguniang Bayan of Isulan, for information and appropriate action..APPROVED.

August 26, 2014.

I HEREBY CERTIFY to the correctness of the above-quoted resolution.

JIMMY C. ANDANG

Secretary to the S.P.

A T T E S T E D :

ERNESTO F. MATIAS, MDVice GovernorPresiding Office