l{c publit of rhc l)lrilippincs
DEPARTMENT OF T'HL IN'ltr'llloll AND LOCAL GOVERNMENT
A. Francisco Golcl Concloruinium ll Blclg, EDSA
corncr Mapagntahal Sl., l)ilintau, erlczon Citv
LEGAL SERVICE
MAYOR BIENVENIDO P. MARGARICO
Janiuay, Iloilo City
Dear
DrLG oPrNroN
ltioror
s-
2oro
Mayor Margaricol
This pertains to the indorsement of Regional Director Evelyn A. Trompeta, DILG
Region VI, relative to your letter-query regarding MDC Resolution No. 2 series of 200g,
requesting for legal opinion on the following questions which we quoted hereunder:
'
"1. What will happen to the Annual Investment plan if the Sangguniang
Bayan wi// not adopt it due to some suggestions/recommendations for
revtsions?
2.
Can the Sangguniang Bayan amend the Annual Investment plan as to
its Programs, Prolects and Activities (ppAs) and allocations for
revisions?
3.
What wi// happen if the Municipal Development council wi// not be
amenable to the suggestions/recommendations of the Sangguniang
Bayan?,
4. What will be the effed of the Sangguniang Bayanb decision for not
adopting the Annual Investment Plan to the MuniciDal Annual
Budget?"
In reply to your queries,
please be informed that this Department had the
occasion to opined similar queries in DtLc Opinion No. 22 Series of 2Oo7 which states, in
if the Sangguniang Bayan is not amenable to the Municipal Development
(MDC)
Council's
approved projects and programs, the sajd sanggunian should instead
return it to the MDC with its comments and recommendations for the LDC,S proper
consideration. It is also emphasized however that although the SB is authorized by the
Code to approve the plans formulated by the MDC, such authority does not include the
power to modify, alter or revise the same, albeit, the SB is not precluded from raising
questions thereon for purposes of clarafication.
gist, that
Attached herewith is a photocopy of D|LG Opinion No. 22 seies of 2OO7 for your
readv reference.
Thank you and warm regards.
Very truly yours,
By Authority of the Secretary:
Y.I6U$&[0Utr
Legal Se,v be LDn0/ el let I
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