Legislative
Gains
LEGISLATIVE GAINS OF
SANGGUNIANG PANLALAWIGAN
SP OKs P20.15B budget
Story and photos from Vice Governor Junjun Davide FB page
The Cebu Provincial Board approved in third
and final reading the P20.15-billion budget for
2023 during its regular session on November
28.
A total of P17,426,724,095.33 has been
appropriated for the General Fund,
P2,639,076,079.87 for Operations of Hospitals,
P55,933,906.54 for Cebu South and North bus
terminals, and P28,265,918.26 for the Cebu
Provincial Inter-LGU Waterworks.
The Cebu Province’s annual budget, which will
take effect on January 1, 2023, is higher
compared to this year’s P18.3-billion budget.
THIRD QUARTER FOURTH QUARTER
2 ORDINANCES 7 ORDINANCES
582 RESOLUTIONS 178 RESOLUTIONS
Page 102 Pangatungdanan
Legal
Hub
LEGAL HUB
BY ATTY. IAN KENNETH B. LUCERO, JD, MPSA
G.R. No. 218663, February 28, 2022 (Second Division)
MUNICIPALITY OF CORELLA, represented by MAYOR JOSE NICANOR D. TOCMO,
Petitioners, vs. PHILKONSTRAK DEVELOPMENT CORPORATION and VITO RAPAL,
Respondents.
FACTS: The CIAC issued a Decision
finding the contract between
The Municipality of Corella in Bohol, Philkonstrak and Corella to be
through then mayor Rapal, entered into a valid, which was affirmed by the
contract agreement with Philkonstrak for Court of Appeals (CA).
the rehabilitation and improvement of the
municipal waterworks system for a total ISSUES: The Court disagrees. In the landmark
amount of P15,997,732.63.
Whether or not a separate case of Quisumbing v. Garcia, the
As of December 2009, Philkonstrak Bayan Court delineated when a sangguniang
Sangguniang
accomplished more than 50% of the work authorization is still bayan authorization is still necessary
essential for the project and demanded necessary when the to accompany the appropriation
Corella to pay for the actual expenses it appropriation ordinance is ordinance and when it is not.
incurred in the amount of P8,233,000.00. sufficient in detail. Depending on the circumstances of
Whether or not an the case, if the project is provided for
Corrella, through now Mayor Tocmo, ordinance in sufficient detail in the appropriation
appropriation
refused to pay and denied liability, requires the affirmative vote ordinance, meaning the transactions,
questioning the validity of the contract and of a majority of all the bonds, contracts, documents, and
averring that Rapal had no authority to Sangguniang members. other obligations the mayor would
enter into such contract. Whether or not the Principle enter into in behalf of the municipality,
of Quantum Merit is among others, are enumerated, then
Philkonstrak filed before the Construction no separate authorization is
applicable in this case.
Industry Arbitration Commission (CIAC) a necessary. On the other hand, if the
complaint for collection of sum of money RULINGS: project is merely couched in general
against Corella and Rapal. 1. No separate sangguniang and generic terms, then a separate
Rapal averred that he was authorized to bayan authorization is approval by the sangguniang bayan in
enter into the contract with Philkonstrak in the accordance with the law is required.
accordance with Municipal Ordinance No. necessary when
2010-0228 or "An Ordinance Appropriating is In the case at bar, the one-paged
appropriation ordinance appropriation ordinance specifically
sufficient in detail.
the Amount of Twenty-Seven Million Pesos Tocmo asserts that before then and expressly set aside an amount of
(Php 27,000,000.00) for the Purchase of Mayor Rapal entered into the money, P27,000,000.00, for certain
the Following Heavy Equipment: One Unit contract on behalf of Corella with projects, including the purchase of
Brand New Road Grader, One Unit Philkonstrak, two requirements specific heavy equipment and
Reconditioned Road Roller, and were necessary to be met: (1) rehabilitation/improvement of the
Rehabilitation/Improvement on the Existing prior authorization from the existing waterworks system of the
Waterworks System of the [Local sangguniang bayan of Corella, in municipality. Municipal Ordinance No.
accordance with Section 22(c) of 2010-02, having sufficiently covered
Government Unit]." LGC and Section 37 of the the project and the cost in detail, need
Corella asserted that the contract is not Government Procurement Act; not be accompanied by a prior
binding because Municipal Ordinance No. and (2) the appropriation sangguniang bayan authorization any
2010-02 was in violation of Article 107(g) ordinance or resolution longer.
of the Implementing Rules and Regulations authorizing or directing the
(IRR) of Republic Act No. 7160 otherwise payment of money or creating a
known as the "Local Government Code liability, in accordance with Article
107(g) of the IRR of the LGC.
(LGC) of 1991."
Page 104 Pangatungdanan
LEGAL HUB
BY ATTY. IAN KENNETH B. LUCERO, JD, MPSA
G.R. No. 218663, February 28, 2022 (Second Division)
MUNICIPALITY OF CORELLA, represented by MAYOR JOSE NICANOR D. TOCMO,
Petitioners, vs. PHILKONSTRAK DEVELOPMENT CORPORATION and VITO RAPAL,
Respondents.
2. An appropriation ordinance The term "appropriation," as Quantum meruit literally means "as
requires the affirmative vote of a defined under Section 306, Title much as he deserves." This legal
majority of all the sanggunian V of the Local Government Code principle, a principle predicated on
members. "refers to an authorization made equity, states that a person may
by ordinance, directing the recover a reasonable value of the thing
Article 107(g) of the IRR of the LGC payment of goods and services he delivered or the service he rendered.
provides the general rule that no from local government funds It is a device to prevent undue
ordinance or resolution shall be passed under specified conditions or for enrichment based on the equitable
by the sanggunian without prior specific purposes." postulate that it is unjust for a person
approval of a majority of all the to retain a benefit without paying for it.
members present. The exception to Juxtaposing this definition with
the general rule is that for ordinances the exception in Article 107(g) of The Court has held in the past that
or resolutions authorizing or directing the IRR of the Local Government recovery on the basis of quantum
the payment of money or creating a Code, that "any ordinance x x x meruit is allowed despite the invalidity
liability, what is needed is the authorizing or directing the or absence of a written contract
affirmative vote of a majority of all the payment of money x x x, shall between a contractor and a
sanggunian members, whether present require the affirmative vote of a government agency. The absence or
or not. Simply, the quorum in the majority of all the sanggunian invalidity of required documents would
general rule depends on the number of members," it is express and clear not necessarily preclude the
the sanggunian members present while that an "appropriation ordinance" contractor from receiving payment for
the quorum in the exception depends is one such ordinance the services he or she has rendered
on the total number of sanggunian contemplated in the exception. for the government.
members voted into office.
Thus, in the case at bar, despite the
In the case at bar, Corella asserts that The definition of the term invalidity of Municipal Ordinance No.
Municipal Ordinance No. 2010-02, the "appropriation" in the LGC is 2010-02, which in turn rendered the
appropriation ordinance in question, clear: [i]t is an authorization contract between Corella and
directs and authorizes the payment of made by an ordinance that Philkonstrak, invalid, the latter is still
money; thus, requires a majority vote of directs the payment of money. entitled to receive payment for the
all the members of the sangguniang The exception to the general rule services it rendered for the local
bayan, not only of the members of the prescribed voting government of Corella. Corella cannot
present. Thus, since the sangguniang requirement in the IRR of the be unjustly enriched and allowed to
bayan of Corella is composed of a total LGC is clear: an ordinance that retain the benefits of the services
of 11 members, the majority vote of six directs or authorizes the rendered by Philkonstrak without
is required in order for Municipal payment of money needs a properly paying for it.
Ordinance No. 2010-02 to be valid and quorum of all the sanggunian
binding. However, the municipal members, not only of those Page 105
ordinance only obtained five affirmative sanggunian members present.
votes, based on the quorum on the 3. The principle of quantum
sanggunian members present at that meruit is applicable in this
time, which was eight members. Thus, case.
Tocmo contends that Municipal
Ordinance No. 2010-02 is null and void.
Consequently, the contract between
Corella and Philkonstrak is null and
void too.
Serbisyong Tiunay, Malambuong Sugbo Kanunay
DILG Cebu Cares
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
CEBU PROVINCE