ORDER OF BUSINESS

132nd  Regular Session

19th Sangguniang Panlalawigan

 Bislig City

   April 26, 2022

  9:00 A.M.

I     -  Call to Order

II    -  Pambansang Awit/Surigao del Sur Hymn

III   -  Invocation/Prayer              -  Hon.  Margarita G. Garay

IV    -  Roll Call

V      - Approval and Adoption of the Minutes of the 131st Regular

          Session of the 19th Sangguniang Panlalawigan dated April

          19, 2022.

           MOVANT:______SECONDER:_______ACTION TAKEN:_____

VI    -  Approval and Adoption of the Transcript of Proceedings 

 - Transcript of Proceedings  of the 131st  Regular Session  of  the  19th Sangguniang Panlalawigan of Surigao del Sur dated April 19, 2022 prepared by Josefa D. Antad, Senior Administrative Assistant I.

             MOVANT:______SECONDER:______ACTION TAKEN:______

VII  - Question Hour

VIII - Privilege Hour

           1. Letter PGO - Passage Resolution COVID-19 Allowance

 IX   - Calendar of Business

A. Unfinished Business

           B. Business for the Day

B.1 Committee Reports

1. Committees on Tourism, Culture, Arts and Heritage (Lead

    Committee)/Environmental Protection and Ecology;

2. Committee on Finance and Appropriation;

3. Committees on Finance and Appropriation (Lead

    Committee)/Urban Planning and Development;

4. Committee on Good Government, Public Ethics and

    Accountability;

5. Committee on Boundary Settlement;

6. Committee on Public Works and Infrastructure; and

7. Committee on Health and Sanitation.

B.2 First Reading and Referral to Committees

Refer To: Committee on Finance and Appropriation

1. Appropriation Ordinance No. 01-2022 dated April 11, 2022 of the Municipality of Madrid, this Province entitled “ An Ordinance Authorizing Supplemental Budget No. 1 Series of 2022 Involving an Amount of Four Million Eight Hundred Eighteen Thousand One Hundred Fifty Six and 49/100 Pesos (P4,818,156.49) for Augmentation of the Deficiencies of the Annual Budget CY 2022”.

Refer To: Committees on Finance and Appropriation (Lead

                Committee)/Urban  Planning and Development

2. Resolution No. 60 dated April 12, 2022 of the Municipality of Lanuza, this Province entitled “Resolution Approving and Adopting the Supplemental Annual Investment Plan No. 4 CY 2022 of the Municipality of Lanuza”.

Refer To: Committees on Laws and Justice and Human

                Rights (Lead Committee)/Peace and Order and

                Public Safety

 3. Ordinance No. 008 dated March 30, 2022 of the City of Tandag, this Province entitled “An Ordinance Deleting Section 3.2 of Ordinance No. 19, Series of 2020, Otherwise Known as the New Normal Ordinance, Thereby Lifting the Curfew in the City of Tandag Effective April 1, 2022”.

For Information

1. Letter of Dir. Rino E. Abad, Officer-In-Charge, Oil Industry Management Bureau, Department of Energy, Energy Center, Rizal Drive Cor., 34th Street, Bonifacio Global City, Taguig City, dated April 13, 2022 addressed to Mr. Edgar G. Perez II, J.D., Secretary to the Sangguniang Panlalawigan, this Province, acknowledging receipt of Sangguniang Panlalawigan Resolution No. 2316-22 entitled “Earnestly Requesting Secretary Alfonso G. Cusi, Department of Energy (DOE), Manila to Consider the Oil Depots in Bislig City, this Province to be Utilized for its Strategic Petroleum Reserve Plan (SPRP) to Reduce the Impact of Rising Oil Prices and to Ensure Security of Supply in this Part of the Country”. The Department of Energy expressed appreciation to the Sangguniang Panlalawigan of Surigao del Sur on this offer  for DOE to consider the utilization of the existing oil depots in Bislig City, previously used by then Paper Industries Corporation of the Philippines (PICOP), which already ceased operating in 2006.  The said SP Resolution was endorsed to the Philippine National Oil Company (PNOC), for the Body’s information.

2. Letter of Pedrito P. Alacaba, CESO V, Provincial Director of the Department of the Interior and Local Government, Region XIII (Caraga), Surigao del Sur Provincial Office dated April 19, 2022 addressed to Mr. Edgar G. Perez II, J.D., Secretaty to the Sangguniang Panlalawigan, Tandag City, this Province, pertaining to the letter dated April 13, 2022 Re: The determination of quorum in the conduct of the Official Business of the 19th Sangguniang Panlalawigan, and as to whether or not the temporary incapacity of the Vice Governor will exclude him in the computation for the determination of quorum purposely only, inviting attention to Section 53 of the Local Government Code (LGC) (R.A No. 7160), which provides:

         “Section 53. Quorum- (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members thereafter announce the results.

       Corollary, the “Majority” has been defined by the Supreme Court in the case of Santiago v. Guingona et. Al (G.R. No. 134577, November 18,1998) as that which is greater than half of the entire membership of the body or that number which is 50%+1 of the entire membership. Like, if there are 11 members of the Sanggunian (10 regular members plus the presiding officer), the quorum shall be six (6) members (11/2=5.5;5.5+1=6.5, or simply 6).

     Further, in the case of Zamora v. Governor Caballero (464 Phil. 471 (2004, the Supreme Court (SC) gave an interpretation with regard to Section 53 of the LGC to mean that, “the entire membership must be taken into account in computing the quorum of the Sangguniang  Panlalawigan (SP)”,  stating that there were 14 members of the SP, the SC in the same case included the Vice Governor, as Presiding Officer, as part of the entire membership of the SP which must be taken into account in computing the quorum. The SC observed that unlike the provision in the Constitution affecting the house, where it states that majority of each House shall constitute a quorum”,  Section 53 of the LGC is more exacting as it requires that the “majority of all members of the Sanggunian…elected and qualified” shall constitute a quorum. Thus, a regular Sanggunian Member, who filed a leave of absence and whose alleged departure overseas was not proved, should be considered in determining whether there was a quorum at the time the Sanggunian transacted official business.

      Finally, as to whether or not the temporary incapacity of the Vice Governor will exclude him in the computation for determination of quorum purposes only, the reply to the latter is, due to said temporary incapacity, he will not be included in the determination of quorum purposes only, for Body’s information.

 B.3 Second Reading

                None

 B.4 Third Reading

                     None

 C. Unassigned Business/Privilege Business

X   -   Announcement

              The 133rd Regular Session of the 19th Sangguniang Panlalawigan, this Province will be held on May 3, 2022 at 9:00 o’clock in the morning at the Sangguniang Panlalawigan Session Hall, Legislative Building, Capitol Hills, Telaje, Tandag City, this Province.

XI  - Adjournment                                                                   

                                                                                                                                                                         SUBMITTED BY: 

         

 

 

                                               (SGD.) EDGAR G. PEREZ II, J.D.   

                                  Secretary to the Sangguniang  Panlalawigan

 

NOTED BY:

 

 

                            

                        (SGD.) RUEL D. MOMO, CE

             Member, Sangguniang Panlalawigan

                      (Acting Vice Governor)

   

OB 132nd  RS April 26, 2022