SECOND DIVISION
G.R. No. 187378, September 30, 2013
RAMONITO O. ACAAC, PETAL FOUNDATION, INC., APOLINARIO M. ELORDE, HECTOR ACAAC, AND ROMEO BULAWIN, Petitioners, v. MELQUIADES D. AZCUNA, JR., IN HIS CAPACITY AS MAYOR, AND MARIETES B. BONALOS, IN HER CAPACITY AS MUNICIPAL ENGINEER AND BUILDING OFFICIAL-DESIGNATE, BOTH OF LOPEZ JAENA MUNICIPALITY, MISAMIS OCCIDENTAL, Respondents.
R E S O L U T I O N
PERLAS-BERNABE, J.:
SEC. 56. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. – (a) Within three (3) days after approval, the secretary to the Sangguniang Panlungsod or Sangguniang Bayan shall forward to the Sangguniang Panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils.In this case, petitioners maintain that the subject ordinance cannot be deemed approved through the mere passage of time considering that the same is still pending with the Committee on Fisheries and Aquatic Resources of the SP.35 It, however, bears to note that more than 30 days have already elapsed from the time the said ordinance was submitted to the latter for review by the SB;36 hence, it should be deemed approved and valid pursuant to Section 56 (d) above. As properly observed by the CA:chanrobles virtua1aw 1ibrary
(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the Sangguniang Panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform the Sangguniang Panlalawigan in writing his comments or recommendations, which may be considered by the Sangguniang Panlalawigan in making its decision.
(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the Sangguniang Panlungsod or Sangguniang Bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The Sangguniang Panlalawigan shall enter its action in the minutes and shall advise the corresponding city or municipal authorities of the action it has taken.
(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.
Par. (d) should be read in conjunction with par. (c), in order to arrive at the meaning of the disputed word, “action.” It is clear, based on the foregoing provision, that the action that must be entered in the minutes of the sangguniang panlalawigan is the declaration of the sangguniang panlalawigan that the ordinance is invalid in whole or in part. x x x.Neither can the Court give credence to petitioners’ contentions that the subject ordinance was not published nor posted in accordance with the provisions of the LGC.38 It is noteworthy that petitioners’ own evidence reveals that a public hearing39 was conducted prior to the promulgation of the subject ordinance. Moreover, other than their bare allegations, petitioners failed to present any evidence to show that no publication or posting of the subject ordinance was made. In contrast, Azcuna had testified that they have complied with the publication and posting requirements.40 While it is true that he likewise failed to submit any other evidence thereon, still, in accordance with the presumption of validity in favor of an ordinance, its constitutionality or legality should be upheld in the absence of any controverting evidence that the procedure prescribed by law was not observed in its enactment. Likewise, petitioners had the burden of proving their own allegation, which they, however, failed to do. In the similar case of Figuerres v. CA,41 citing United States v. Cristobal,42 the Court upheld the presumptive validity of the ordinance therein despite the lack of controverting evidence on the part of the local government to show that public hearings were conducted in light of: (a) the oppositor’s equal lack of controverting evidence to demonstrate the local government’s non-compliance with the said public hearing; and (b) the fact that the local government’s non-compliance was a negative allegation essential to the oppositor’s cause of action:chanrobles virtua1aw 1ibrary
This construction would be more in consonance with the rule of statutory construction that the parts of a statute must be read together in such a manner as to give effect to all of them and that such parts shall not be construed as contradicting each other. x x x laws are given a reasonable construction such that apparently conflicting provisions are allowed to stand and given effect by reconciling them, reference being had to the moving spirit behind the enactment of the statute.37
However, it is noteworthy that apart from her bare assertions, petitioner Figuerres has not presented any evidence to show that no public hearings were conducted prior to the enactment of the ordinances in question. On the other hand, the Municipality of Mandaluyong claims that public hearings were indeed conducted before the subject ordinances were adopted, although it likewise failed to submit any evidence to establish this allegation. However, in accordance with the presumption of validity in favor of an ordinance, their constitutionality or legality should be upheld in the absence of evidence showing that the procedure prescribed by law was not observed in their enactment. In an analogous case, United States v. Cristobal, it was alleged that the ordinance making it a crime for anyone to obstruct waterways had not been submitted by the provincial board as required by §§2232-2233 of the Administrative Code. In rejecting this contention, the Court held:chanrobles virtua1aw 1ibraryAll told, the Court finds no reversible error committed by the CA in upholding the validity of the subject ordinance.From the judgment of the Court of First Instance the defendant appealed to this court upon the theory that the ordinance in question was adopted without authority on the part of the municipality and was therefore unconstitutional. The appellant argues that there was no proof adduced during the trial of the cause showing that said ordinance had been approved by the provincial board. Considering the provisions of law that it is the duty of the provincial board to approve or disapprove ordinances adopted by the municipal councils of the different municipalities, we will assume, in the absence of proof to the contrary, that the law has been complied with. We have a right to assume that officials have done that which the law requires them to do, in the absence of positive proof to the contrary.Furthermore, the lack of a public hearing is a negative allegation essential to petitioner's cause of action in the present case. Hence, as petitioner is the party asserting it, she has the burden of proof. Since petitioner failed to rebut the presumption of validity in favor of the subject ordinances and to discharge the burden of proving that no public hearings were conducted prior to the enactment thereof, we are constrained to uphold their constitutionality or legality.43 (Emphases supplied, citation omitted)
Endnotes:
1Rollo, pp. 9-22.cralawnad
2 Id. at 31-46. Penned by Associate Justice Ruben C. Ayson, with Associate Justices Rodrigo F. Lim, Jr. and Michael P. Elbinias, concurring.cralawnad
3 Id. at 25-29.cralawnad
4 Id. at 55-71. Penned by Judge Bernadette S. Paredes-Encinareal.cralawnad
5 Id. at 32.cralawnad
6 Id. at 11.cralawnad
7 Id. at 32-33.cralawnad
8 “ADOPTING A NATIONAL BUILDING CODE OF THE PHILIPPINES (NBCP) THEREBY REVISING REPUBLIC ACT NUMBERED SIXTY-FIVE HUNDRED FORTY-ONE (R.A. NO. 6541).”
9Rollo, p. 34.cralawnad
10 Records, pp. 28-29. Entitled “AN ORDINANCE ESTABLISHING CAPAYAS ISLAND AND ITS SURROUNDINGS, MANSABAY BAJO AND SIBULA AS BIRDS, FISH AND SHELLS SANCTUARY LOCATED WITHIN THE MUNICIPAL WATERS OF LOPEZ JAENA WITH A TOTAL AREA OF SIXTY THREE POINT ONE HUNDRED NINETY SEVEN (63.197) HECTARES, THREE (3) HECTARES AND THREE (3) HECTARES RESPECTIVELY.”
11Rollo, pp. 33-34.cralawnad
12 Records, p. 28. See subject ordinance.cralawnad
13Rollo, pp. 34-35.cralawnad
14 Id. at 35.cralawnad
15 Id. at 36.cralawnad
16 “AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991.”
17 Records, p. 5.cralawnad
18 Id. at 76-81.cralawnad
19Rollo, pp. 55-71.cralawnad
20 Id. at 67-68.cralawnad
21 Id. at 71.cralawnad
22 Id.cralawnad
23 Id. at 70.cralawnad
24 Id. at 31-46.cralawnad
25 Id. at 39-40.cralawnad
26 Id. at 40-41.cralawnad
27 Id. at 43.cralawnad
28 Id. at 42.cralawnad
29 Id. at 43.cralawnad
30 Id. at 42-43.cralawnad
31 Id. at 45.cralawnad
32 Id. at 47-53.cralawnad
33 Id. at 25-29.cralawnad
34 Id. at 13.cralawnad
35 See id. at 14-15.cralawnad
36 Id. at 14.cralawnad
37 Id. at 38-39.cralawnad
38 SEC. 511. Posting and Publication of Ordinances with Penal Sanctions. – (a) ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or Barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of Barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later.
x x x x
39 Records, p. 60. A “dialogue-consultation” was conducted by the SB on June 13, 2002.cralawnad
40Rollo, pp. 40-41.cralawnad
41 364 Phil. 683(1999).cralawnad
42 34 Phil. 825 (1916).cralawnad
43Figuerres v. CA, supra note 41, at 692-693.cralawnad
44Rollo, p. 70.