Cited Laws
Accordingly, since all 14 members of the SP were present during the deliberations, nine (9) affirmative votes were necessary. [11] The Lakas-CMD block also cited Article 107(g) [12] of the Implementing Rules and Regulations (IRR) of the Local Government Code (LGC) and the legal opinions of the Department of Interior and Local Government (DILG) to argue that at the least, eight (8) affirmative votes, corresponding to a simple majority, were needed to validly pass the Combong Resolution. All fourteen (14) members of the SP, including Vice Governor Cadiao, as the presiding officer, were present during the session. That being the case, the simple majority was half of 14 plus 1. [13] Ultimately, the complaint's objective was for the court to order the members of the Lakas-CMD be restored to their chairmanship or membership in the SP committees. In their Answer, Vice Governor Cadiao, Combong, Juanitas, Calixto G. Zaldivar III, Dante M. Beriong, Fernando C. Corvera, Hector L. Frangue and Kenny S. Olandres (respondents) contended that the RTC lacked jurisdiction over the complaint. Further, an injunctive relief can no longer be issued since the SP's reorganization was already a consummated act. The respondents likewise insisted that the Combong Resolution was legally approved and the Lakas-CMD block had not suffered any grave or irreparable damage consequent to its passage. [14] Ruling of the RTC On August 7, 2008, the RTC issued the herein assailed Order, [15] upholding the validity of the passage of the Combong Resolution and dismissing the complaint of the Lalcas-CMD block. The fallo of the order reads: PREMISES CONSIDERED, the instant petition of the plaintiffs is hereby dismissed for lack of merit. Costs de oficio. SO ORDERED.