Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

A. Francisco Gold Condominium ll Bldg, EDSA
corner Mapagmahal St., Diliman, Quezon City

LEGAL SERVICE
oPrNroN -%:
3'rri; rfiiot
VICI-MAYOR ROY V. IAYNES
Virac, Catanduanes

Dear Vice-Mayor Laynes:

This has reference to your earlier letter asking this Department's legal
opinion on the following issues, to wit:
' "1) Wltcther or not tlte xtn-gtuniang baytn, pursu.trtt to its
powcr and autltoiqt set fortlt undcr Scction aa7 @)(2) in conjunction
with Section 109 and 114 (r) of R.A. 7160, could inttoduce signilic:rrtr
changes ot norlificttintts of thc spccific ptogr,uns, proicclr^ ;), ,l
activitics (APPs), including tlte chingt s in budgctary nlktcutions
thercon in thc AIPform ula ted by thc Municipal Dcvcktpnlent Coultc;l;

2) Wltethcr ot not tIrc ct (sic) tltc sangtltutiang ln-1,;ru irr

changing or modifying any of thc spccific ptogtitlrls, profccts trtrl
activities ptopr.tsed by thc Municipal Dcvelopntent Courrcil : /
embodicd in tlrc AIP is conside red irc an ultra vires."

In {eply thereto, please be informed that this Department had already

answered both queries in DILG Opiniol No. ot,;^eries ol-eoog. In thc srid legal
opinion, we opined that the sanggunian's approval on the projects ider'' lied and
formulated by the local development council does not include thc zrr )rity to
revise the same since this would render nugatory the purposes and objcctives for
which local development councils had been institutiona lized by the Local
Government Code of 1991 (RA 7160). If at all the sanggunian is not amenable
to the LDC's approved projects and programs, the said sangguni.' , should
instead return it to the LDC with its comments and recommendations a
I for the
LDC's proper consideration.

Hereto attached is a photocopy of the aforesaid DILG Opinion for your

reaoy perusar.

Thank you and warm regards.

Very truly yours,

BY AUTHORITY OF THE S[( ':[TARY:

Lsl17

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