How to appeal from decisions of provincial boards

Title

Language

English

Source

Local Government Review

Year

1949

Subject

Law and legislation

Municipal ordinances

Rights

In Copyright - Educational Use Permitted

Abstract

[This provides rules that will serve as a guide to all provincial boards and municipal councils on filing appeals with their ordinances and resolutions' disapproval. ]

Fulltext

How To Appeal From Decisions Of Provi· ncial ·Boards (Sec. 156, C.P.C.) In order to secure uniformity and !!void improvident appeals by municipal councils from the disapp~oval of their ordinances and resolutions by provincial boards, the following rules :ire brought to the attention of all :provincial! boards· and · municipal councils for their information and guidance. 1. Municipalities possess and can exercise only such powers as are express:;y or impliedly granted by law and those which are necessarily included .and essential to the declared objects and purposes for which municipalities are organized. Any fair reasonable <loubt concerning the existence of power is resolved against the municipality .rnd the power is denied. All acts beyond the scope of the powers expressly .or impl]iedly granted are void. (Dillon's .iiiunicipal Corporations, Vol 1, 4th Edition, par. 89.) 2. Provinciaq Boards can only dis.approve such ordinances and resolutions as are beyond the powers conferred upon municipal councils (section 2233 of the .Administrative Code). So long as the municipal council acts within the scope of its legal power as conferred by law, its acts should not be questioned by the provincia'l board (2 Op. Atty.-Gen., 557). The wisdom or advisability of a particular ordinance or resolution is primarily for the municipal council to pass upon and oetermine. If the ordinance or resoilution is within the legal power of the municipal council ! to enact or pass, it ghould generally be sustained unless t here is a clear abuse of power or wanton and capricious exercise thereof. 3. The disapproval of any municipal <lrdinance or resolution by the provincial board should, therefore, be g·enerally premised upon the fact that such resolution or ordinance is beyond 'the legal powers conferred upon the municipal council. In such cas·e, the reasons upon which that conclusion has been reached should be clearly stated inJhe :!"esolution of disapproval by the provincial board. MARCH, 1949 4. If the municipal council is d£.satisfied with the decision of the provincial board, it may appeal to tn1s Officet in the manner provided in section 2'235 of tne Admm1strative Code of 1917. The appeal should be taken in the form of resolution showing the councilors present and absent and the fact that the appeal is taken by a twothirds vote of the council, as required by that section. "Two thirds vote of the council" means two thirds of. all the members of 1he council, including the vice-president. The resolution should specify distincly and clearly the grounds upon which the appeall is taken. 5. The original of the resolution in which appeal is taken, together with certified copies of the disappro'\·ed ordinances or resolutions, including the resolu'lion or resolutions of the provincia~ board disapproving them and aH pertinent papers, including the opinion of the provinciail fiscal, if any was rendered, should be forwarded to this Office, through the provincial board which body shall forward 1he papers LO this Office withou.t unnecessary delay together with ,s.uch comment as it may desire to make on ~he matter. 6. The provincial fiscal being, under tlie law, the legal adviser · of the provinci:il board and the municipal councils, it is suggested that questions involving the legality or illegality of. a particular ordinance or resolution te first submitted to him for opinion, before appeal is taken or the papers. forwarded to this Office. This may avoid unnecessary appeals to this Office. 7. Upon receipt of the pap·ers, this Office wilil pass upon the legality or illega'1ity of 'the ordinance or resolution appealed from, and will either sustain r,r dismiss the appeal declaring the ordinance or resolution in oues.tion ialid Jr void, as 1he case mav be. Jn either case, notice of the decision winl be givw to the provincial board and the municinR· l ronncil. lf'ennirnr the decision of this ()ffi~e. th,, ordinflnc'" or resolu(Continued on next page) Page 183 Our Local ... N!GA:::l!O F. MARIN Provincial Aitditor of- Pampanga Personal Circumstances: Born in GaJump!t, L Bulacan, on April 5, 1893; married to iJ< ellciana Molina of the same town; and their children are Librn.da, A.A., M.D., (U.P.); Jose, A.A., Senior, College of Medicine, U.P.; Arturo, A.A.; 2nd Year, College of Law, U.'P.; Leticia, 2;nd Yr., Pharmacy, Manila Central University; and Nicasio, Jr., 1st Year., College of Engineering, M.I.T. Educat': :onal Attainment: Intermediate Graduate (Valedictorian); 2nd Yr., Bulacan High School ; Engllish and Bookkeeping, JCS; and Higher Accounting, ICS. - ' E:.;periences an'd Activities: Chief Clerk, Assessor',s Off.ice; Land Tax Clerk; Asst. Internal Revenue Clerk; Asst. Bookkeeper; Paymaster; municipal treasurer in Bulacan; chief clerk, Auditor's Office in Bulacan, Tar lac, Gavite and Rizal; bureau auditor, GAO; and Provincial Auditor of Romblon, Abta, 'Bataan, Sorsogon, Quezon, La Union and Pampanga, his present station; ,A,uditor of Hunter's Guerrilla Unit, 1944-4.5; and Member, Malolos Lodge No. 46 of F ree and ·Accepted Masons as Junior Deacon. Hobbies: PoU'ltry raising and! farming. Motto: 'Be the work great or small, do it well or-none at all. (Continued on page 199) -*How to Appeal . .. tion shall have no force or effect. (Seccion 2335, Administrative Code of 1917.) 8. In case of executive orders issued by the municipal presid·ents and disapproved by the provincial board under section 2233 of the Administrative Code of 1917, the same procedure outlined above shall be followed, except that the appeal shall be taken by the municipal president concerned, instead of by the municipal council. (Unnumbered Prov. Cir., Sept. 16, 1918.) lDept. of the Interior P---:e 184 --o - --- - - - - THE LOCAL GOVERNMENT REVIEW

pages

183-184

Media