Republika ng Pilipinas

Lalawigan ng Sultan Kudarat

TANGGAPAN NG SANGGUNIANG PANLALAWIGAN
ISO 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, 2014
AT 9:00 A.M.
Present:
Hon. Ernesto F. Matias, MD

-----------

Vice Governor
Presiding Officer

1st District
Francis Eric E. Recinto
-----------------Hon. Manuel S. Lastimoso, Jr
-----------------Hon. German M. Malcampo
------------------

Member
Member
Member

2nd District
-----------------.
--- -------------------------------------------------

Member
Member
Member
Member

Hon. Joseph M. Ortiz

Hon. Kahirup C. Ang, MD
Hon. Rolando D. Forro
Hon. Rene C. De Manuel

Sectoral Representative
Hon. Joenime B. Kapina (PCL)

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Member

Absent:
Hon. Eduardo M. Duque
---------------Hon. Orfelina P. Segura (OB)
-----------------Hon. Cesar L. Fornan
-----------------Hon. Expedito F. Faderan (LnB) OB
-------------

Member
Member
Member
Member

RESOLUTION NO. ______- 13th-SP-14

RESOLUTION 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 13 th 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;
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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; and
2. 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. 2004141 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 ResolutionsOrdinances 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.
ATTE S TE D :
ERNESTO F. MATIAS, MD
Vice Governor
Presiding Office