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THIRD DIVISION

J. TOBIAS M. JAVIER and G.R. No. 185369

VINCENT H. PICCIO III,
Petitioners, Present:

VELASCO, JR., J.,

Chairperson,
- versus - PERALTA,
PEREZ,
REYES, and
JARDELEZA, JJ
RHODORA J. CADIAO,
ALFONSO V. COMBONG, JR.,
BENJAMINE. JUANITAS,
CALIXTO G. ZALDIVAR III,
DANTE M. BERIONG,
FERNANDO C. CORVERA,
HECTOR L. FRANGUE and Promulgated:
KENNY S. OLANDRES,
Respondents. A~~
x----------------------------------------------------~~--------x

RESOLUTION

REYES, J.:

Should the Vice Governor, as the presiding officer of the Sangguniang

Panlalawigan, be counted in the determination of what number constitutes
as the majority?

Before the Court is the Petition for Review on Certiorari 1 assailing

the Order2 issued on August 7, 2008 by the Regional Trial Court (RTC) of
San Jose, Antique, Branch 12, in Civil Case No. 08-02-3645, which upheld
the validity of the passage of Resolution No. 42-2008 by the Sangguniang
Panlalawigan of Antique (SP). The said resolution sought the
reorganization then of the standing committees of the SP.

Rollo, pp. 8-31.

Issued by Judge Rudy P. Castrojas; id. at 93-105.

f
 Resolution 2 G.R. No. 185369

The Facts

For the years 2007 to 2010, one of the herein respondents, Vice
Governor Rhodora J. Cadiao (Vice Governor Cadiao), was the presiding
officer of the SP.

On the first regular session of the SP held on July 5, 2007, the Lakas
ng Tao-Christian Muslim Democrats (Lakas-CMD) block was considered as
the majority party. Among those who belonged to the said party were J.
Tobias M. Javier (Javier), Vincent I-I. Piccio III (Piccio) (collectively, the
petitioners), Vice Governor Cadiao and SP member Benjamin E. Juanitas
3
(Juanitas). Piccio was designated as the Majority Floor Leader.

On the other hand, the Nationalist People's Coalition (NPC) was

considered as the minority party with four members, including the herein
respondent, Alfonso V. Combong, Jr. (Combong). However, another SP
4
member, who won as an independent candidate, allied with the NPC.

Additionally, the SP has three ex-officio members: the President of the

Councilors' League of Antique, the President of the Association of Barangay
Captains, and the President of the Sangguniang Kabataan Federation. 5

Thereafter, for personal reasons, Juanitas left the majority party and
joined the NPC, which was then headed by Combong. Vice Governor
Cadiao followed suit. Subsequently realizing that the NPC had gained
superiority in numbers, Combong proposed Resolution No. 42-2008
(Combong Resolution), which sought to reorganize the standing committees
of the SP. The resolution was included as an "urgent matter" in the agenda6
of the SP's fifth regular session. 7

During the SP's fifth regular session held on February 7, 2008, all the
SP members were in attendance. Amidst fiery arguments, the Combong
Resolution was approved with seven (7) voting in its favor, and six ( 6)
against it. Consequently, Piccio was replaced by Juanitas as Majority Floor
Leader. Some of the Lakas-CMD members were also divested of
chairmanship or membership in the SP's standing committees. 8

Id. at 94.
4
Id.
Id.
6
Id. at 73-76.
Id. at 94-95.
Id. at 95-96.

J
 Resolution 3 G.R. No. 185369

To challenge the legality of the passage of the Combong

Resolution, the Lakas-CMD block, composed of Javier, Piccio, Rosie A.
Dimamay, Errol T. Santillan, Edgar D. Denosta and Carlos M. Palacios
(plaintiffs), filed before the RTC a Complaint for Injunction with Urgent
Prayer for the Issuance of a Temporary Restraining Order and/or
Preliminary Injunction. 9 They maintained that for having been considered as
an "urgent matter," the passage of the Combong Resolution required an
affirmative vote of two-thirds (2/3) of all the members present pursuant to
Section 62, paragraph (2), 10 Rule XVI (Urgent Matters), Internal Rules of
Procedure (IRP) of the SP. 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

9
Id. at 33-49.
10
Sec. 62. Urgent Matters. - No item can be considered as urgent matter and no member can be
recognized to present it unless the Presiding Officer and the Majority Floor Leader are informed about it
before the session.
No item can be approved in the period of urgent matters unless with the affirmative vote of
two-thirds (2/3) of the members present.
A matter that will only be referred to a committee cannot be included as an urgent matter.
xx xx
Id. at 67. (Emphasis ours)
II
Rollo, p. 38.
12
Art. 107. Ordinances and Resolutions. - The following rules shall govern the enactment of
ordinances and resolutions:
xx xx
(g) No ordinance or resolution passed by the sanggunian in a regular or special session duly called
for the purpose shall be valid unless approved by a majority of the members present, there being a quorum.
XX X.
xx xx
13
Rollo, pp. 38-40.

j
 Resolution 4 GR. No. 185369

approved and the Lakas-CMD block had not suffered any grave or
.
irrepara . passage. 14
bl e d amage consequent to its

Ruling of the RTC

15
On August 7, 2008, the RTC issued the herein assailed Order,
upholding the validity of the passage of the Combong Resolution and
dismissing the complaint of the Lakas-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. 16

The RTC declared that legislative rules, including those observed by

the SP in the instant case, were not permanent. Moreover, the courts may
not intervene in the legislature's internal affairs. Despite the foregoing
pronouncement, the RTC took cognizance of the plaintiffs' complaint on the
basis of the allegation that the Combong Resolution was deliberated and
passed upon sans a majority vote, hence, violative of Article 107(g), IRR of
17
the LGC.

The RTC explained that in determining the validity of the passage of

the Combong: Resolution, Section 67, Rule XVIII (Voting), IRP of the SP
J8I
should be applied. It states:

Sec. 67.' Manner of Voting. - The Presiding Officer shall put the
question, saying "As many as are in favor of (as the question may be)[,]
raise your hand[s]," and after the affirmative vote is counted, "as many as
are opposed[,] also raised (sic) your hand[s]."

Unless otherwise provided by these Rules, a majority of those

voting, there being a quorum, shall decide the issue.

An abstention shall not be counted as a vote, in detennining the

majority vote, only the number of those who voted shall be considered.
Abstentions are excluded. So even if most of the members present
abstained, this will not affect the result as the only thing to be determined
is which of the affirmative and negative vote has the bigger number.

14
Id. at 96.
15
Id. at 93-105.
16
Id. at 105.
17
Id. at 98.
18
Id. at 101-103.
j
 Resolution 5 G.R. No. 185369

Only the number voting on each side, and not the names of the
members, shall be indicated in the minutes. 19 (Emphasis ours)

The RTC, thus, opined that the presence of Vice Governor Cadiao
should not be considered in the determination of what number constitutes as
the majority. 20

When the Combong Resolution was passed, 14 were present, to

wit, 13 SP members and Vice Governor Cadiao. The 13 SP members voted,
with seven (7) voting for and six (6) against the Combong Resolution. A
majority was already obtained; hence, there was no need for Vice Governor
Cadiao's vote as there was no tie to break. The proceedings took place in
22
accordance with Section 49 21 of the LGC, Article 102, IRR of the LGC,
and Section 67, IRP of the SP.

The RTC likewise stressed that Sections 11, 23 21, 24 50(5)25 and

19
Id. at 68.
20
Id. at 104.
21
Sec. 49. Presiding Officer. -
(a) The vice-governor shall be the presiding officer of the sangguniang panlalawigan; the city
vice-mayor, of the sangguniang panlungsod; the municipal vice-mayor, of the sangguniang bayan; and the
punong barangay, of the sangguniang barangay. The presiding officer shall vote only to break a tie.
xx xx
22
Art. 102. Presiding Officer. - (a) The vice governor shall be the presiding officer of the
sangguniang panlalawigan; the city vice mayor, of the sangguniang panlungsod; the municipal vice mayor,
of the sangguniang bayan; and the punong barangay, of the sangguniang barangay.
b) The presiding officer shall vote only to break a tie.
xx xx
23
Sec. 11. Selection and Tran.~fer of Local Government Site, Offices and Facilities. -
xx xx
(b) When conditions and developments in the local government unit concerned have significantly
changed subsequent to the establishment of the seat of government, its Sanggunian may, after
public hearing and by a vote of two-thirds (2/3) of all its members, transfer the same to a site
better suited to its needs. Provided, however, That no such transfer shall be made outside the
territorial boundaries of the local government unit concerned.
xx xx (Underscoring ours)
24
Sec. 21. Closure and Opening of Road~. -
(a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or
open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of
permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the
Sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is
provided.
xx xx (Underscoring ours)
25
Sec. 50. Internal Rules of Procedure. -
(a) On the first regular session following the election of its members and within ninety (90) days
thereafter, the sanggunian concerned shall adopt or update its existing rules of procedure.
(b) The rules of procedure shall provide for the following:
xx xx
(5) The discipline of members for disorderly behavior and absences without justifiable
cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded
from the session, suspended for not more than sixty (60) days, or expelled: Provided, That the
penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of
all the sanggunian members: Provided, further, That a member convicted by final judgment to
imprisonment of at least one (1) year for any crime involving moral turpitude shall be
automatically expelled from the sanggunian; and
xx xx

/
 Resolution 6 GR. No. 185369

54(a)26 of the LGC particularly provide the instances where two-thirds (2/3)
votes are required from the SP. Nothing is mentioned in the LGC anent
"urgent matters." Section 62, paragraph (2), IRP of the SP cannot rise above
its source and impose more stringent standards than what the LGC itself
necessitates.

The RTC concluded that the plaintiffs suffered no grave or

irreparable injury from the passage of the Combong Resolution. Members
of the Lakas-CMD were not prevented from performing their duties as SP
members. They were even designated as chairmen or members of some
27
committees.

The plaintiffs filed a Motion for Reconsideration, 28 which the RTC

denied in its Resolution29 dated November 17, 2008.

Issues

The instant petition ascribes errors 30 upon the RTC in:

(1) ruling that the required majority in a 14-member SP should be

seven (7) pursuant to the provision of Section 67 of the IRP,
which in effect contravenes Article 107(g), IRR of the LGC; 31

(2) holding that a Vice Governor, who belongs more to the

executive branch of the government, should be excluded from
the base number in determining what constitutes as the
majority; 32

(3) failing to apply the two-thirds (2/3)-vote requirement for

matters considered as "urgent" under Section 62, Rule XVI,
IRP of the SP; 33

26
Sec. 54. Approval of Ordinances. -
(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, or
sangguniang bayan shall be presented to the provincial governor or city or municipal mayor, as the case
may be. If the local chief executive concerned approves the same, he shall affix his signature on each and
every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian,
which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local
chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution
effective for all legal intents and purposes.
xx xx (Underscoring ours)
27
Rollo, p. 104.
28
Id. at 106-119.
29
Id. at 123-130.
30
Id. at 15-16.
31
Id. at 16.
32
Id. at 21.
33

i
Id. at 24.
 Resolution 7 G.R. No. 185369

(4) disregarding pertinent executive pronouncements or opinions of

the DILG on the matter at hand; 34 and

(5) failing to rule that the Combong Resolution violates Sections

535 and 6(a), 36 Rule III, IRP of the SP. 37

The petitioners point out that Article 107(g), IRR of the LGC refers to
"a majority of all the members present, there being a quorum." 38 Section 67,
IRP of the SP, on the other hand, speaks of "a majority of all the members
actually voting, there being a quorum." 39 The petitioners posit that what
should prevail is the LGC, which requires a majority of eight votes from the
SP with 14 members. That being the rule, the Combong Resolution, was not
validly passed. 40

Further, Section 467(a) of the LGC partially provides that the SP

"shall be composed of the provincial vice governor as presiding officer, the
regular sanggunian members x x x." Hence, in Gamboa, Jr. v. Aguirre, Jr., 41
the Court ruled that the Vice Governor is a member of the SP. 42

The petitioners also invoke Section 50 of the LGC, which gives the SP
"latitude to promulgate its own rules of procedure governing its
organization, legislative process, parliamentary procedures, calendar of
business, committees and their memberships provided they are not
inconsistent with or in violation of the Constitution, the LGC and its [IRR,]
and other existing laws and regulations. " 43

The LGC is silent as to what constitutes as "urgent matters," in

relation to which the three-reading rule may be dispensed with. Section 62,
IRP of the SP dealt with "urgent matters" and imposed the more stringent
two-thirds (2/3) affirmative vote requirement. While admittedly, the LGC
has specifically enumerated situations requiring two-thirds (2/3) votes, there

34
Id. at 26.
35
Sec. 5. Designation. - The member who received the highest percentage of votes among those
belonging to the Majority Party shall be the Majority Floor Leader.
This is determined by taking the percentage of the votes received by the member in relation to the
total number ofregistered voters in the municipal district where he is elected.
The next highest ranking member belonging to the Majority Party, as determined on the same
basis, shall be the Assistant Majority Floor Leader.
36
Sec. 6. Duties and Powers.
(a) The Majority Floor Leader shall be the Chairman of the Committee on Rules and the Assistant
Majority Floor Leader shall be the Vice-Chairman, with the chairmen of the different committees as
members.
xx xx
37
Rollo, p. 28.
38
Id. at 18.
39
Id.
40
Id. at 18-19 and 26.
41
369 Phil. 1133 ( 1999).
42
Rollo, pp. 23-24.
43
Id. at 25.

;(
 Resolution 8 G.R. No. 185369

is nothing in the law suggesting that the list is exclusive. 44

Moreover, in DILG Opinion No. 6, series of 2001, dated February 12,

2001, it is clear that if a session is attended by all 14 members, including the
Vice Governor, eight (8) votes constitute a quorum. 45

Finally, the petitioners aver that Juanitas, who received the least
number of votes among the SP members, cannot be designated as the
Majority Floor Leader without violating Sections 5 and 6(a), Rule III (The
Majority Floor Leader), IRP of the SP. 46

In the respondents' Comment, 47 they contend that the Vice Governor

is the SP's Presiding Officer, but that does not make him a regular member
thereof. 48 Further, the LGC lists instances when a vote of two-thirds (2/3) is
required and no mention is made of "urgent matters." Thus, what the law
does not include, it excludes. The respondents also reiterate that the person
designated as the Majority Floor Leader, cannot permanently hold on to the
position. Political affiliations and alliances affect the designations. 49

Ruling of the Court

The instant petition fails.

Procedurally, the petition is outrightly dismissible for being moot and

academic. The terms of office of the contending parties had already ended
in June of 2010. There is no more substantial relief which can be gained by
the petitioners, or which would be negated by the dismissal of the case. so

However, by reason of the public interest involved, the Court shall

take exception of the case and still address the first, second and fourth issues
raised herein for the bench, bar and public's guidance. 51

The Vice Governor, as the Presiding

Officer, shall be considered a part
of the SP for purposes of
ascertaining if a quorum exists. In

44
Id. at 24-26.
45
Id. at 26-27.
46
Id. at 28-29.
47
Id. at 200-213.
48
Id. at 207.
49
Id. at 209-210.
50
Please see !lusorio v. Baguio Country Club Corporation, G.R. No. 179571, July 2, 2014, 728
SCRA 592, 598.
51
Please see Funa v. Manila Economic and Cultural Office, et al., 726 Phil. 63, 81 (2014).

j
 Resolution 9 G.R. No. 185369

determining the number which

constitutes as the majority vote, the
Vice Governor is excluded. The
Vice Governor's right to vote is
merely contingent and arises only
when there is a tie to break.

The first, second and fourth issues raised by the petitioners are
interrelated, hence, shall be resolved jointly. Restated, the issue is whether
or not the Vice Governor, as the presiding officer of the SP, shall be counted
in the determination of what number constitutes as the majority.

In La Carlota City, Negros Occidental, et al. v. Atty. Rojo, 52 the Court

interpreted a provision pertaining to the composition of the Sangguniang
Panlungsod, viz.:

Section 457. Composition. (a) The sangguniang panlungsod, the

legislative body of the city, shall be composed of the city vice-mayor as
presiding officer, the regular sanggunian members, the president of
the city chapter of the liga ng mga barangay, the president of the
panlungsod na pederasyon ng mga sangguniang kabataan, and the
sectoral representatives, as members.

xx xx

R.A. 7160 clearly states that the Sangguniang Panlungsod "shall

be composed of the city vice-mayor as presiding officer, the regular
sanggunian members, the president of the city chapter of the liga ng mga
barangay, the president of the panlungsod na pederasyon ng mga
sangguniang kabataan, and the sectoral representatives, as members."
Black's Law Dictionary defines "composed of' as "formed of' or
"consisting of." As the presiding officer, the vice-mayor can vote only to
break a tie. In effect, the presiding officer votes when it matters the most,
that is, to break a deadlock in the votes. Clearly, the vice-mayor, as
presiding officer, is a "member" of the Sangguniang Panlungsod
considering that he is mandated under Section 49 of RA 7160 to vote to
break a tie. To construe otherwise would create an anomalous and absurd
situation where the presiding officer who votes to break a tie during a
Sanggunian session is not considered a "member" of the Sanggunian. 53
(Underlining ours and emphasis in the original)

It can, thus, be concluded that the Vice Governor forms part of the
composition of the SP as its Presiding Officer, and should be counted in the
determination of the existence of a quorum. However, the nature of the
position of the Presiding Officer as a component of the SP is distinct from
the other members comprising the said body.

52
686 Phil. 477 (2012).
53
Id. at 494-495.

;(
 Resolution 10 G.R. No. 185369

Section 41 54 of the LGC provides the manner through which the SP

members are elected. The Vice Governor is elected at large; hence, holds
the mandate of the entire body politic. In contrast thereto, the regular SP
members are elected by district. They hold the mandate of a specific
constituency within the body politic. On the other hand, the ex-officio SP
members represent their respective groups.

Consequently, the regular and ex-officio SP members enjoy full rights

of participation, which include debating and voting, all exercised in pursuit
of championing the interests of their respective constituencies. The Vice
Governor, however, does not represent any particular group. As a Presiding
Officer, his or her mandate is to ensure that the SP effectively conducts its
business for the general welfare of the entire province. Logically then, the
Vice Governor should be the embodiment of impartiality. As the Presiding
Officer of the SP, he or she is without liberty to readily take sides, or to cast
a vote to every question put upon the body. It follows then that the law
cannot reasonably require that the Vice Governor be included in the
determination of the required number of votes necessary to resolve a matter
every time the SP votes on an issue. It bears stressing though that while the
Vice Governor does not enjoy full rights of participation in the floors of the
SP, as the holder of the body politic 's general mandate, the power to render
conclusion to an issue when there is a deadlock, pertains to him or her.
Thus, Section 49 of the LGC is explicit that "the presiding officer shall vote
only to break a tie."

Associate Justice Arturo D. Brion's concurring opinion in La

. 11 . . viz.:
.
Carlota 55 is i ummatmg,

If the voting level required would engage the entirety of the

sanggunian as a collegial body, making the quorum requirement least
significant, there is no rhyme or reason to include the presiding officer's
personality at all. The possibility of that one instance where he may be

54
Sec. 41. Manner of Election. -
(a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-
mayor, and punong barangay shall be elected at large in their respective units by the qualified voters
therein. However, the sangguniang kabataan chairman for each barangay shall be elected by the registered
voters of the katipunan ng kabataan, as provided in this Code.
(b) The regular members or the sangguniang panlalawigan, sangguniang panlungsod, and
sangguniang bayan shall be elected by district, as may be provided for by law. Sangguniang barangay
members shall be elected at large. The presidents of the leagues of sanggunian members of component
cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The
presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their
respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang
panlalawigan, sangguniang panlungsod, and sangguniang bayan.
(c) In addition thereto, there shall be one (I) sectoral representative from the women, one (I) from
the workers, and one (I) from any of the following sectors: the urban poor, indigenous cultural
communities, disabled persons, or any other sector as may be determined by the sanggunian concerned
within ninety (90) days prior to the holding of the next local elections as may be provided for by law. The
COMELEC shall promulgate the rules and regulations to effectively provide for the election of such
sectoral representatives. (Emphasis ours)
55
Supra note 52.

j
 Resolution 11 G.R. No. 185369

allowed to vote is nil. To include him in sanggunian membership without

this qualification would adversely affect the statutory rule that generally
prohibits him from voting.

To illustrate, in disciplining members of the sanggunian where the

penalty involved is suspension or expulsion, the LGC requires the
concurrence of two-thirds (2/3) of all the members of the sanggunian. If
the Sanggunian has thirteen (13) regular members (excluding the presiding
officer), the votes needed to impose either of the penalty is eight.
However, should the presiding officer be also included, therefore raising
the membership to fourteen (14), - on the premise that he is also
sanggunian member- even ifhe cannot vote in this instance, an additional
one vote is required - i.e., nine votes are required - before the penalty is
imposed. The presiding officer's innocuous inclusion as sanggunian
member negatively impacts on the prohibition against him from voting
since his mere inclusion affects the numerical value of the required voting
level on a matter where generally and by law he has no concern. " 56
(Citation omitted and underscoring ours)

In the instant petition, when the Combong Resolution was deliberated

upon, all the ten (10) regular and three (3) ex-officio members, plus the
Presiding Officer, were present. Seven members voted for, while six voted
against the Combong Resolution. There was no tie to break as the majority
vote had already been obtained.

To hold that the Presiding Officer should be counted in detennining

the required number of votes necessary to uphold a matter before the SP
shall be counter-productive. It would admit deadlocks as ordinary incidents
in the conduct of business of the SP, which in effect incapacitates the said
body from addressing every issue laid before it. In the process, the SP's
responsiveness, effectivity and accountability towards the affairs of the body
politic would be diminished. 57

Verily, the Vice Governor, as the SP's Presiding Officer, should be

counted for purposes of ascertaining the existence of a quorum, but not in
the determination of the required number of votes necessary to uphold a
matter before the SP.

Other Matters

While the petitioners raise other issues pertaining to alleged violations

by the respondents of the SP's IRP, the Court deems it proper not to resolve
them anymore. Again, the Court reiterates that the instant petition has been
rendered moot by the termination of the contending parties' tenure in June of
2010. Further, it is beyond the Court's province to declare a legislative act
56
Id. at 516-517.
57
Please see 19&7 CONSTITUTION, Article X, Section 3; Pimentel, Jr. v. Hon. Aguirre, 391 Phil. 84
(2000).

J
 Resolution 12 GR. No. 185369

as invalid solely for non-compliance with internal rules. 58

WHEREFORE, the petition is hereby DENIED.

SO ORDERED.

BIENVENIDO L. REYES
Associate Justice

WE CONCUR:

PRESBITER~. VELASCO, JR.

Assoc ate J us ti ce
C airperson

~DLAA~
REZ

Associate Justice

58
Arroyo v. De Venecia, 353 Phil. 623, 630 ( 1998).
Resolution 13 G.R. No. 185369

ATTESTATION

I attest that the conclusions in the above Resolution had been reached
in consultation before the case was assigned to the writer of the opinion of
the Court's Division. -

J. VELASCO, JR.
As$ociate Justice
Chairperson

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution and the

Division Chairperson's Attestation, I certify that the conclusions in the above
Resolution had been reached in consultation before the case was assigned to
the writer of the opinion of the Court's Division.

MARIA LOURDES P.A. SERENO

Chief Justice

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