Republic of the Philippines

Province of Cagayan
Tuguegarao City

SANGGUNIANG PANLALAWIGAN

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE

PROVINCIAL BOARD HELD ON WEDNESDAY, SEPTEMBER 12, 2018 AT
THE SESSION HALL OF THE SANGGUNIANG PANLALAWIGAN,
PROVINCIAL CAPITOL, TUGUEGARAO CITY, CAGAYAN

Present:

Hon. Melvin K. Vargas, Jr., Vice Governor and Presiding Officer

Hon. Cristopher T. Barcena, Board Member
Hon. Jesus Florencio A. Vargas, Board Member
Hon. Arnold T. Layus, Jr., Board Member
Hon. Vilmer V. Viloria, Board Member/Floor Leader
Hon. Karen Kaye T. Turingan, Board Member
Hon. Rodrigo C. de Asis, Board Member
Hon. Maila Rosario S. Ting-Que, Ex-Officio Board Member (PCL President)
Hon. Alnińoson Kevin M. Timbas, Ex-Officio Board Member (SK President)

Absent:

Hon. Maria Olivia B. Pascual, Board Member – On Official Leave (Abroad)

Hon. Rosauro Rodrigo G. Resuello, Board Member- On Official Time
Hon. Perla C. Tumaliuan, Board Member- On Official Business
Hon. Jean Alphonse D. Ponce, Board Member-On Official Business
Hon. Bryan Paul A. Vargas, Ex-Officio Board Member (LnB President) -On
Official Time

RESOLUTION NO. 2018-09-656

RESOLUTION REMANDING THE 2018 ANNUAL INVESTMENT PLAN AND

2018 ANNUAL EXECUTIVE BUDGET AFTER FAILURE OF THE
HONORABLE GOVERNOR MANUEL N. MAMBA TO CONVENE THE
PROVINCIAL DEVELOPMENT COUNCIL (PDC) FOR THE PDC TO
ADDRESS THE ISSUES, CONCERNS AND RECOMMENDATIONS OF THE
SANGGUNIANG PANLALAWIGAN ON THE UPDATED PROVINCIAL
DEVELOPMENT INVESTMENT PLAN (PDIP) WHICH WAS REMANDED ON
FEBRUARY 14, 2018 AND DESPITE THE PASSAGE OF RESOLUTION NO.
2018-09-619 ON AUGUST 15, 2018 URGING THE GOVERNOR FOR THE
LAST TIME TO CONVENE THE PDC WITHIN FIFTEEN WORKING DAYS
FROM RECEIPT OF THE RESOLUTION

WHEREAS, the Updated Provincial Development and Investment Plan (PDIP)

for the planning period was adopted by the Provincial Development Council
(PDC) on October 16, 2017 and submitted to the Sangguniang Panlalawigan
on October 30, 2017;

WHEREAS, the approval of the Updated PDIP as annual slice of the budget is
necessary or a prerequisite for the approval of the 2018 Annual investment
Plan and 2018 Annual Executive Budget;

WHEREAS, after series of deliberations and careful study of the PDIP, the
Sangguniang Panlalawigan (SP) opted to remand the Updated PDIP through
SP Resolution No. 2018-09-001 on February 14, 2018 adopting and approving
the Committee Report of the Committee on Finance and Appropriation which

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recommended for the return/remand of the PDIP stating therein that the
Honorable Governor has to convene the PDC and the concerned technical
people to embody in the PDIP the concerns, suggestions and
recommendations of the Sangguniang Panlalawigan;

WHEREAS, despite the return of the PDIP, the members of the August Body
continued on the deliberations on the items that are not affected by the PDIP
with the hope that the Governor will immediately consider and comply with
the SP’s Resolution;

WHEREAS, however, instead of convening the PDC to deliberate and

embody the concerns, suggestions and recommendations of the SP as stated
in the Resolution No. 2018-09-001, the Honorable Governor has written a
letter dated February 26, 2018 and addressed to the members of the August
Body and addressing the issues and concerns by the Sanggunian;

WHEREAS, the members did not find such action of the Governor sufficient
and proper as they are persistent on their position that the Governor as the
Chairman is not by himself the PDC and he has to convene the PDC as a
whole to discuss the issues and concerns by the Sanggunian in the PDIP;

WHEREAS, despite the setbacks and stalemate, the Provincial Board

reiterated again its stand through Resolution No. 2018-09-010 dated April 04,
2018 enjoining the Honorable Governor and Chairman of the Provincial
Development Council (PDC) to convene the PDC the soonest possible time for
the purpose of considering the findings, observations and recommendations
of the Sangguniang Panlalawigan on the Updated Provincial Development
Investment Plan (PDIP);

WHEREAS, in its regular sessions, the members as it always does, even

sought the technical expertise of oversight agencies such as the Department
of Budget and Management (DBM), National Economic Development
Authority (NEDA) and the Department of Interior and Local Government
(DILG);

WHEREAS, these agencies affirmed the position of the Sanggunian that the
Governor has to convene the PDC and he should not by himself decide on the
issues and concerns raised by the Provincial Board;

WHEREAS, in fact prior to that, a letter-inquiry was made to the DILG

seeking the department’s legal opinion on the issues at hand and the
response was even embodied in SP Resolution No. 2018-09-266 dated May
02, 2018 and was furnished to the Provincial Development Council (PDC) and
some offices of the Executive Department of the Provincial Government a
copy of the letter dated April 16, 2018 of the Undersecretary of the
Department of Interior and Local Government (DILG) answering the queries of
the Sangguniang Panlalawigan relative to the Updated Provincial Investment
Plan (PDIP) and imploring the Chairman to convene the PDC within seven
days from receipt of the Resolution and at the same time submit the program
of works supporting the Programs, Projects and Activities (PPAs) listed in the
PDIP and the CY 2018 Annual investment Program of the Province of
Cagayan;

WHEREAS, significantly in the letter-reply, the DILG has upheld the position
of the Sanggunian by saying that the PDC is a collegial body and its
composition and functions are clearly determined by law and as such, the
functions of the PDC as determined by law or competent authority shall be
performed through the collective efforts and its official actions and decisions
shall be approved by the majority of its members;

WHEREAS, as such, the Sanggunian has no recourse available but to pass

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again another resolution urging for the last time the Honorable Governor to
convene the PDC to address the said issues, concerns and recommendations
of the Sanggunian and imploring the resubmission by the PDC of the PDIP
within fifteen (15) working days from receipt of the resolution;

WHEREAS, despite the lapse of fifteen (15) working days given by the
Sanggunian for the Governor to resubmit the PDIP, the August Body did not
receive such Updated PDIP up to date;

WHEREAS, to emphasize the sufficient period of time given by the Provincial

Board and the long delays made by the Governor in resubmitting the PDIP,
the members decided to return or remand to the Executive Department the
2018 Annual Investment Plan (AIP) and 2018 Annual Executive Budget;

WHEREAS, the Sanggunian finds the need to remand the 2018 Annual
Investment Plan and 2018 Annual Executive Budget considering that there
are no more legal and practical remedies available under the prevailing
circumstances;

WHEREAS, if the PDIP, AIP and the Annual Budget are not approved before
the year ends, there would be serious and adverse consequences as are
being reiterated by the Sanggunian such as the non-availment of the third
tranche of salary increase of permanent employees of the Provincial
Government of Cagayan and the loss of programs, projects and activities that
are geared towards the improvement of the lives of Cagayanos;

WHEREFORE, on motion of the Honorable Board Member VIlmer V. Viloria,

duly seconded, be it

RESOLVED, AS IT IS HEREBY RESOLVED, TO REMAND THE 2018

ANNUAL INVESTMENT PLAN AND 2018 ANNUAL EXECUTIVE BUDGET
AFTER FAILURE OF THE HONORABLE GOVERNOR MANUEL N. MAMBA
TO CONVENE THE PROVINCIAL DEVELOPMENT COUNCIL (PDC) FOR
THE PDC TO ADDRESS THE ISSUES, CONCERNS AND
RECOMMENDATIONS OF THE SANGGUNIANG PANLALAWIGAN ON THE
UPDATED PROVINCIAL DEVELOPMENT INVESTMENT PLAN (PDIP)
WHICH WAS REMANDED ON FEBRUARY 14, 2018 AND DESPITE THE
PASSAGE OF RESOLUTION NO. 2018-09-619 ON AUGUST 15, 2018
URGING THE GOVERNOR FOR THE LAST TIME TO CONVENE THE PDC
WITHIN FIFTEEN WORKING DAYS FROM RECEIPT OF THE RESOLUTION

RESOLVE FURTHER, to furnish a copy of this Resolution to the Honorable

Governor Manuel N. Mamba for his information and appropriate action.

APPROVED, this 12th day of September 2018 in Tuguegarao City, Cagayan.

SECRETARY’S CERTIFICATION

I HEREBY CERTIFY to the correctness of the above-quoted

Resolution.

ROSALINDA P. CALLANG, DPA

Secretary to the Sangguniang
Panlalawigan

ATTESTED:

MELVIN K. VARGAS, JR.

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Vice Governor/ Regular Presiding Officer

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