On March 18, 2004, [the] then Vice-Mayor Rex R. Jalandoon of La Carlota City, Negros Occidental appointed Atty. Rex G. Rojo (or Rojo) who had just tendered his resignation as member of the Sangguniang Panlungsod the day preceding such appointment, as Sangguniang Panlungsod Secretary. The status of the appointment was permanent. The next day, March 19, 2004, the Vice-Mayor submitted Rojos appointment papers to the Civil Service Commission Negros Occidental Field Office (CSCFO-Negros Occidental) for attestation. In a Letter dated March 24, 2004, the said CSCFO wrote Jalandoon to inform him of the infirmities the office found on the appointment documents, i.e. the Chairman of the Personnel Selection Board and the Human Resource Management Officer did not sign the certifications, the latter relative to the completeness of the documents as well as to the publication requirement. In view of the failure of the appointing authority to comply with the directive, the said CSCFO considered the appointment of Rojo permanently recalled or withdrawn, in a subsequent Letter to Jalandoon dated April 14, 2004.
Jalandoon deemed the recall a disapproval of the appointment, hence, he brought the matter to the CSC Regional Office No. 6 in Iloilo City, by way of an appeal. He averred that the Human Resource Management Officer of La Carlota City refused to affix his signature on Rojos appointment documents but nonetheless transmitted them to the CSCFO. Such transmittal, according to Jalandoon, should be construed that the appointment was complete and regular and that it complied with the pertinent requirements of a valid appointment. Before the said CSC Regional Office No. 6 [could resolve the appeal], the City of La Carlota represented by the newly elected mayor, Hon. Jeffrey P. Ferrer and the Sangguniang Panlungsod represented by the newly elected Vice-Mayor, Hon. Demie John C. Honrado, collectively, the petitioners herein, intervened. They argued that Jalandoon is not the real party in interest in the appeal but Rojo who, by his inaction, should be considered to have waived his right to appeal from the disapproval of his appointment; that the appointment was made within the period of the election ban prior to the May 14, 2004 national and local elections, and finally, that the resignation of Rojo as member of the Sangguniang Panlungsod is ineffective having not complied with the provision on quorum under Section 82(d) of R.A. No. 7160.
In a Decision dated September 20, 2004, the CSC Regional Office No. 6 reversed and set aside the CSCFOs earlier ruling. On the argument of the intervenors that the former Vice-Mayor lacked legal personality to elevate the case on appeal, the regional office cited settled jurisprudence that the disapproval of an appointment affects the discretionary authority of the appointing authority. Hence, he alone may request for reconsideration of or appeal the disapproval of an appointment. The regional office likewise ruled that Rojos appointment on March 18, 2004 was made outside the period of the election ban from March 26 to May 9, 2004, and that his resignation from the Sangguniang Panlungsod was valid having been tendered with the majority of the council members in attendance (seven (7) out of the thirteen councilors were present). Considering that the appointment of Rojo sufficiently complied with the publication requirement, deliberation by the Personnel Selection Board, certification that it was issued in accordance with the limitations provided for under Section 325 of R.A. 7160 and that appropriations or funds are available for said position, the regional office approved the same. x x x
Mayor Ferrer and Vice-Mayor Honrado appealed the foregoing Decision of the CSC Regional Office No. 6 to the Civil Service Commission (or Commission). On May 17, 2005, the Commission dismissed said appeal on the ground that the appellants were not the appointing authority and were therefore improper parties to the appeal. Despite its ruling of dismissal, the Commission went on to reiterate CSC Regional Offices discussion on the appointing authoritys compliance with the certification and deliberation requirements, as well as the validity of appointees tender of resignation. x x x
It likewise denied the motion for reconsideration thereafter filed by the petitioners in a Resolution dated November 8, 2005.5
- WHETHER THE APPOINTMENT OF RESPONDENT AS SANGGUNIANG PANLUNGSOD SECRETARY VIOLATED THE CONSTITUTIONAL PROSCRIPTION AGAINST ELIGIBILITY OF AN ELECTIVE OFFICIAL FOR APPOINTMENT DURING HIS TENURE; and
- WHETHER RESPONDENT’S APPOINTMENT AS SANGGUNIANG PANLUNGSOD SECRETARY WAS ISSUED CONTRARY TO EXISTING CIVIL SERVICE RULES AND REGULATIONS.10
Section 82. Resignation of Elective Local Officials. (a) Resignations by elective local officials shall be deemed effective only upon acceptance by the following authorities:
(1) The President, in the case of governors, vice-governors, and mayors and vice-mayors of highly urbanized cities and independent component cities;
(2) The governor, in the case of municipal mayors, municipal vice-mayors, city mayors and city vice-mayors of component cities;
(3) The sanggunian concerned, in case of sanggunian members; and
(4) The city or municipal mayor, in the case of barangay officials.
(b) Copies of the resignation letters of elective local officials, together with the action taken by the aforesaid authorities, shall be furnished the Department of Interior and Local Government.
(c) The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) working days from receipt thereof.
(d) Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records: Provided, however, That this subsection does not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribe the manner of acting upon such resignations.
Section 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.
(b) In the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present and consisting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided.
Section 52. Sessions. (a) On the first day of the session immediately following the election of its members, the sanggunian shall, by resolution, fix the day, time, and place of its regular sessions. The minimum number of regular sessions shall be once a week for the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan, and twice a month for the sangguniang barangay.
(b) When public interest so demands, special session may be called by the local chief executive or by a majority of the members of the sanggunian.
(c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two (2) sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the members usual place of residence at least twenty-four (24) hours before the special session is held. Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
(e) Each sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sanggunian concerned.
Section 53. Quorum. (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
(b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned, to arrest the absent member and present him at the session.
(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
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.
(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or disabled persons.
(c) The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. (Boldfacing supplied)
Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanism of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. (Emphasis supplied)
Section 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.
(b) In the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present and consisting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided.
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.
(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or disabled persons.
(c) The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. (Boldfacing and underscoring supplied)
Senator Pimentel. Before Senator Rasul and Senator Lina take the floor, Mr. President, may I reiterate this observation, that changes in the presiding officership of the local sanggunians are embodied for the municipality where the vice-mayor will now be the presiding officer of the sanggunian and the province where the vice-governor will now be the presiding officer. We did not make any change in the city because the city vice-mayor is already the presiding officer.
The President. All right.
Senator Rasul, Senator Lina, and Senator Gonzales.
Senator Gonzales. May I just add something to that statement of Senator Pimentel?
The President. All right.
Senator Gonzales. Reading this bill, there is also a fundamental change in the sense that the provincial governor, the city mayor, the municipal mayor, as well as, the punong barangay are no longer members of their respective sanggunian; they are no longer members. Unlike before, when they were members of their respective sanggunian, now they are not only the presiding officers also, they are not members of their respective sanggunian.
Senator Pimentel. May I thank Senator Gonzales for that observation. (Boldfacing supplied)
“Quorum” is defined as that number of members of a body which, when legally assembled in their proper places, will enable the body to transact its proper business or that number which makes a lawful body and gives it power to pass upon a law or ordinance or do any valid act. “Majority,” when required to constitute a quorum, means the number greater than half or more than half of any total. In fine, the entire membership must be taken into account in computing the quorum of the sangguniang panlalawigan, for while the constitution merely states that “majority of each House shall constitute a quorum,” Section 53 of the LGC is more exacting as it requires that the “majority of all members of the sanggunian . . . elected and qualified” shall constitute a quorum.
The trial court should thus have based its determination of the existence of a quorum on the total number of members of the Sanggunian without regard to the filing of a leave of absence by Board Member Sotto. The fear that a majority may, for reasons of political affiliation, file leaves of absence in order to cripple the functioning of the sanggunian is already addressed by the grant of coercive power to a mere majority of sanggunian members present when there is no quorum.
A sanggunian is a collegial body. Legislation, which is the principal function and duty of the sanggunian, requires the participation of all its members so that they may not only represent the interests of their respective constituents but also help in the making of decisions by voting upon every question put upon the body. The acts of only a part of the Sanggunian done outside the parameters of the legal provisions aforementioned are legally infirm, highly questionable and are, more importantly, null and void. And all such acts cannot be given binding force and effect for they are considered unofficial acts done during an unauthorized session.15
DILG Opinion No. 46, s. 2007
02 July 2007
MESSRS. JAMES L. ENGLE,
FEDERICO O. DIMPAS, JR.,
MARIFE G. RONDINA,
PORFERIO D. DELA CRUZ, and
WINSTON B. MENZON
Sangguniang Bayan Membership
Babatngon, Leyte
Dear Gentlemen and Lady:
This has reference to your earlier letter asking our opinion on several issues, which we quoted herein in toto:“(1) What is the number that would determine the quorum of our sanggunian that has a total membership of eleven (11) including the vice-mayor?
(2) Are the resolutions adopted by a sanggunian without quorum valid?
In reply to your first query, may we invite your attention to Section 446 (a) of the Local Government Code of 1991 (RA 7160) which provides and we quote:“SECTION 446. Composition. - (a) The Sangguniang bayan, the legislative body of the municipality, shall be composed of the municipal vice-mayor as the presiding officer, the regular sangguniang members, the president of the municipal chapter of the liga ng mga barangay, the president of the pambayang pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.”
Based on the aforequoted provision, the Sangguniang Bayan is composed of eight (8) regular members, the Liga ng mga Barangay President, the SK Federation President, the Vice-Mayor as Presiding Officer and the sectoral representatives.
Under the old Local Government Code (Batas Pambansa Blg. 337), the Presiding Officer then of the sanggunian was the Mayor. Thus, there was a dilemma as to whether or not the Vice-Mayor, as Presiding Officer, is to be included in the determination of quorum in the Sangguniang Bayan. This issue was, however, resolved with the advent of the new Local Government Code of 1991 (RA 7160) providing the aforequoted provision. Hence, the vice-mayor is included in the determination of a quorum in the sanggunian.
Based on the aforequoted provision, sectoral representatives are also included in the determination of quorum in the sangguniang bayan. Let it be noted however that sectoral representatives in the local sanggunian are, pursuant to Section 41 (c) of RA 7160 and Section 10 (b) of RA 9264, to be elected “in a manner as may be provided for by law.” Meantime however, Congress has yet to enact a law providing for the manner of electing sectoral representatives at the local sanggunians. Such being the case, sectoral representatives are not, in the meantime, included in the determination of quorum in the local sanggunians.
In view of the foregoing, the Sangguniang Bayan is composed of the 8 regular members, the Liga ng mga Barangay President and the SK Federation President as ex-officio members, and the Vice-Mayor as Presiding Officer. The total membership in that sanggunian, therefore, is eleven (11). Relative thereto, Section 53 of the Local Government Code of 1991 provides that a majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. “Majority” has been defined in Santiago vs. Guingona, et al. (G.R. No. 134577, 18 November 1998) as that which is greater than half of the membership of the body. Following the said ruling, since the total membership of the sanggunian being 11, 11 divided by 2 will give us a quotient of 5.5. Let it be noted however that a fraction cannot be considered as one whole vote, since it is physically and legally impossible to divide a person or even his vote into a fractional part. Accordingly, we have to go up to the next whole number which is 6. In this regard, 6 is more than 5.5 and therefore, more than one-half of the total membership of the sangguniang bayan in conformity with the jurisprudential definition of the term majority. Thus, the presence of 6 members shall already constitute a quorum in the sangguniang bayan for it to conduct official sessions.
x x x xVery truly yours,
(signed)
AUSTERE A. PANADERO
OIC, OUSLG17
DILG Opinion No. 13, s. 2010
09 February 2010
GOVERNOR JESUS N. SACDALAN
VICE-GOVERNOR EMMANUEL F. PIÑOL
Provincial Capitol Building
Province of Cotabato
Gentlemen:
This has reference to your earlier separate letters, which we herein consolidated, considering that they both pertain to one subject matter.
Per your letters, the Sangguniang Panlalawigan held its regular session on 12 January 2010 where the August Body embarked upon the approval of the Annual Budget. According to you, all fourteen (14) members of the Sangguniang Panlalawigan attended said session, namely: ten (10) regular Sangguniang Panlalawigan Members, three (3) ex-officio Sangguniang Panlalawigan Members and the Vice-Governor as the Presiding Officer. You further represented that when said approval of the Annual Budget was submitted for votation of said August Body, the result was: seven (7) members voted for the approval of the Annual Budget and six (6) voted against.
Specifically, you want us to shed light on the following issues:“1) Whether or not the august body has reached the required majority of all the members of the Sangguniang Panlalawigan as provided for in Sections 53 and 54 of the Local Government Code and in relation to Article 107 (g) of its Implementing Rules and Regulations?
2) Whether or not the vice governor as the presiding officer is included in the count in determining the majority of all the members of the sangguniang panlalawigan to validly pass an appropriation ordinance.
3) Whether or not the board member who signed the Committee Report endorsing the 2010 Proposed Annual Performance Budget may withdraw without just and valid cause his signature thereon and vote against the approval thereof?
4) In the event that the Province operates under a re-enacted budget, what are those expenditures included in the term “essential operating expenses” that may be incurred by the Province?”
x x x x
For the sanggunian to officially transact business, there should be a quorum. A quorum is defined by Section 53 of the Local Government Code of 1991 as referring to the presence of the majority of all the members of the sanggunian who have been duly elected and qualified. Relative thereto, generally, ordinary measures require for its enactment only the approval of a simple majority of the sanggunian members present, there being a quorum. These pertain to the normal transactions of the sanggunian which are approved by the sanggunian through a vote of simple majority of those present. On the other hand, there are certain measures where the Local Government Code requires for its approval the vote of majority of all the members who were duly elected and qualified. This is what we call approval by the qualified majority of the sanggunian. In this case, the approval is to be voted not just by the majority of those present in a session there being a quorum but by the majority of all the members of the sanggunian duly elected and qualified regardless of whether all of them were present or not in a particular session, there being a quorum.
x x x xIn determining a quorum, Section 53 of the Local Government Code of 1991 provides that a majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum. Along this line, it bears to emphasize that per Section 467 (a) of the Local Government Code of 1991, the Sangguniang Panlalawigan is a composite body where the Vice-Governor as Presiding Officer is a composite member thereof. As a composite member in the sangguniang panlalawigan, he is therefore included in the determination of a quorum.
“Majority” has been defined by the Supreme Court in Santiago vs. Guingona, et al. (G.R. No. 134577, 18 November 1998) as that which is greater than half of the membership of the body or that number which is 50% + 1 of the entire membership. We note, however, that using either formula will give us the same result. To illustrate, using the 50% +1 formula, the 50% of a sanggunian composed of 14 members is 7. Hence 7 + 1 will give us a sum of 8. On the other hand, if we use the second formula which is that number greater than half, then 8, in relation to 7, is definitely greater than the latter. The simple majority of the sangguniang panlalawigan with fourteen (14) members where all of them were present in that particular session is therefore 8.
x x x xVery truly yours,
(signed)
AUSTERE A. PANADEROUndersecretary18
Records show that Atty. Rojos appointment was transmitted to the CSC Negros Occidental Field Office on March 19, 2004 by the office of Gelongo without his certification and signature at the back of the appointment. Nonetheless, records show that the position to which Atty. Rojo was appointed was published on January 6, 2004. The qualifications of Atty. Rojo were deliberated upon by the Personnel Selection Board on March 5, 2004, attended by Vice Mayor Jalandoon as Chairman and Jose Leofric F. De Paola, SP member and Sonia P. Delgado, Records Officer, as members. Records likewise show that a certification was issued by Vice Mayor Jalandoon, as appointing authority, that the appointment was issued in accordance with the limitations provided for under Section 325 of RA 7160 and the said appointment was reviewed and found in order pursuant to Section 5, Rule V of the Omnibus Rules Implementing Executive Order No. 292. Further, certifications were issued by the City Budget Officer, Acting City Accountant, City Treasurer and City Vice Mayor that appropriations or funds are available for said position. Apparently, all the requirements prescribed in Section 1, Rule VIII in CSC Memorandum Circular No. 15, series of 1999, were complied with.24
Endnotes:
*Now the Representative of the 4th District of Negros Occidental. See footnote 1 of the Petition for Review, rollo, p. 12.
**Now the Mayor of La Carlota City, Negros Occidental. See page 1 of the Petition for Review, id.
1 Penned by Associate Justice Agustin S. Dizon, with Associate Justices Francisco P. Acosta and Stephen C. Cruz, concurring; id at 64-70.
2 Penned by Associate Justice Francisco P. Acosta, with Associate Justices Pampio A. Abarintos and Amy C. Lazaro-Javier, concurring; id. at 72-73.
3 Id. at 48-55.
4 Id. at 58-62.
5 CA Decision, pp. 1-4; id. at 64-67.
6 Section 9(h), Article V of PD 807 reads:
Section 9. Powers and Functions of the Commission. The Commission shall administer the Civil Service and shall have the following powers and functions:
x x x x
(h) Approve all appointments, whether original or promotional, to positions in the civil service, except those of presidential appointees, members of the Armed Forces of the Philippines, police forces, firemen, and jailguards, and disapprove those where the appointees do not possess the appropriate eligibility or required qualifications. x x x
7 Rollo, p. 68.
8 Under Section 469(b), “[n]o person shall be appointed secretary to the sanggunian unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.”
9 Rollo, p. 69.
10 Petitioners Memorandum dated 7 November 2008, pp. 5-6; id. at 132-133.
11 Section 7, Article IX-B of the Constitution provides that “[n]o elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.”
12 Rollo, p.179. The DILG Opinion No.28, s. 2000, dated 17 April 2000 reads:
Opinion No.28, s. 2000
17 April 2000
Councilors JUVY M.MAGSINO, REUEL P.
LAYGO, SOLOMON J. LUMALANG, JR.
WILSON A. VIRAY, and JAIME C.
GUTIERREZ, JR.
Sangguniang Bayan of Naujan
Oriental Mindoro
Dear Councilors:
This refers to your query on how many members of the Sangguniang Bayan of Naujan, composed of eight (8) regular and two (2) ex-officio members and the vice mayor as presiding officer, must be present before the sanggunian can declare the presence of a quorum to legally transact official business.
In reply thereto, please be apprised that, for quorum to exist, the Sangguniang Bayan of Naujan must have the presence of at least six (6) of its members including the vice-mayor, which is the majority of eleven (11), in order to legally transact official business.
It must be emphasized that Section 53 of the Local Government Code of 1991 (RA7160) mandates that a majority of all the members of the sanggunian who have been duly elected and have qualified shall constitute a quorum. With the phrase “majority of all the members of the sanggunian”, it is thus evident therefrom that the reckoning point should be the entire composition of the [of] the sangguniang bayan. In that regard, Section 446(a) of the Code enumerates the membership of the sangguniang bayan, consisting of “the municipal vice-mayor as presiding officer, the regular (elective) sanggunian members, the president of the municipal chapter of the liga ng mga barangay, the president of the pambayang pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.” Clearly then, the vice-mayor, as presiding officer , is also a member of the sangguniang bayan and should, therefore,be included in determining the existence of a quorum since he is included in the enumeration as to who composes the said legislative body. As a matter of fact, in the case of GAMBOA VS. AGUIRRE AND ARANETA (G.R. No 134213, July 20, 1999), the Supreme Court recognized the membership of the vice-governor (vice-mayor) in the sangguniang panlalawigan (sangguniang bayan). Accordingly, since the Sangguniang Bayan of Naujan is composed of a total [of] eleven (11) member who have been duly elected and have qualified, at least six (6) of its members, including the vice-mayor, must be present during any session to be able to be able to muster a quorum and to legally transact official business.
Hoping that we have clarified the matter accordingly.
Very truly yours,
ALFREDO S. LIM
Secretary
13 Prior to the enactment of RA 7160, there was already in existence a local government code enacted under Batas Pambansa Blg. 337, which was approved on 10 February 1983 by the Batasang Pambansa. The pertinent provisions read:
Title Two - The Municipality
CHAPTER 3. - OFFICIALS AND OFFICES COMMON
TO ALL MUNICIPALITIES
Sec. 141. Powers and Duties [Municipal Mayor]. - (1) The mayor shall be the chief executive of the municipal government and shall exercise such powers, duties and functions as provided in this Code and other laws.
(2) He shall:
x x x
(e) Preside over the meetings of the sangguniang bayan with the right to vote only to break a tie;
x x x
Sec. 145. Functions[Municipal Vice Mayor]. - (1) The vice-mayor shall be an ex-officio member of the sangguniang bayan with all the rights and duties of any other member.
(2) He shall:
x x x
(c) Act as temporary presiding officer of the sangguniang bayan in the event of disability of the mayor to preside over a regular or special session on account of a trip on official business, absence on leave, sickness or any temporary incapacity; and
x x x
Sec. 146. Composition [The Sangguniang Bayan]. - (1) The sangguniang bayan shall be the legislative body of the municipality and shall be composed of the municipal mayor, who shall be the presiding officer, the vice-mayor, who shall be the presiding officer pro tempore, eight members elected at large, and the members appointive by the President consisting of the president of the katipunang bayan and the president of the kabataang barangay municipal federation.
(2) In addition thereto, there shall be one representative each from the agricultural and industrial labor sectors who shall be appointed by the President of the Philippines whenever, as determined by the sangguniang bayan, said sectors are of sufficient number in the municipality to warrant representation, after consultation with associations and persons belonging to the sector concerned.
Sec. 147. Session. - (1) The sangguniang bayan shall hold at least two regular sessions a month on the days which shall be fixed by resolution. Special sessions may be called by the mayor or a majority of the members of the sangguniang bayan as often as necessary. Not two sessions shall be held in one day.
(2) In the event of inability of the vice-mayor to act as temporary presiding officer on account of a trip on official business, absence on leave, sickness, or any temporary incapacity, the members constituting a quorum shall choose from among themselves the temporary presiding officer.
(3) The temporary presiding officer shall not vote even in case of a tie but he shall certify within ten days to all ordinances and resolutions enacted or adopted. If within said period the ordinances and resolutions were not signed by the temporary presiding officer,said ordinances and resolutions shall be deemed to have been signed and the municipal secretary shall forward them to the mayor for such action as may be authorized by law.
x x x x
Sec. 148. Quorum. - A majority of all the members of the sangguniang bayan shall constitute a quorum for the transaction of business. A smaller number may adjourn from day to day but may compel the immediate attendance of any member absent without good cause by issuing to the Integrated National Police assigned in the area an order for his arrest and production at the session, or impose a fine upon him in such amount as shall have been previously prescribed by ordinance.
Title Three. - The City
CHAPTER 3. - OFFICIALS AND OFFICES COMMON
TO ALL MUNICIPALITIES
Sec. 172. Functions and Compensation [The Vice-Mayor]. - The vice-mayor shall:
(a) Be the presiding officer of the sangguniang panglungsod;
x x x x
Sec. 173. Composition and Compensation [The Sangguniang Panglungsod]. - The sangguniang panglungsod, as the legislative body of the city, shall be composed of the vice-mayor, as presiding officer, the elected sangguniang panglungsod members, and the members who may be appointed by the President of the Philippines consisting of the presidents of the katipunang panlungsod ng mga barangay and the kabataang barangay city federation.
Sec. 175. The Presiding Officer of the Sangguniang Panglungsod. - (1) The vice-mayor, as presiding officer of the sangguniang panglungsod, shall not vote except in case of a tie. He shall sign within ten days from their adoption all ordinances, resolutions and motions enacted or adopted by the said sanggunian. If after the period of ten days an ordinance or resolution is not signed by the presiding officer, the city secretary shall forward the same to the city mayor for appropriate action.
(2) If the vice-mayor cannot preside over a regular or special session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer.
Sec. 176. Quorum. - A majority of all the members of the sangguniang panglungsod shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel the immediate attendance of any member who is absent without good cause by issuing to the Integrated National Police assigned in the area an order for his arrest and production at the session, subject to penalties prescribed by law.
Title Four. - The Province
CHAPTER 3. - OFFICIALS AND OFFICES COMMON
TO ALL PROVINCES
Sec. 203. Provincial Governor as Chief Executive of the Province; Powers and Duties. - (1) The governor shall be the chief executive of the provincial government and shall exercise such powers and duties as provided in this Code and other laws.
x x x
Sec. 204. Powers, Duties and Privileges [The Vice-Governor]. - (1) The vice-governor shall be an ex-officio member of the sangguniang panlalawigan with all the rights, duties and privileges of any member thereof.
(2) He shall:
x x x
(c) Act as temporary presiding officer of the sangguniang panlalawigan in the event of inability of the governor to preside over a regular or special session on account of a trip on official business, absence on leave, sickness or any other temporary incapacity;
x x x
Sec. 205. Composition. - (1) Each provincial government shall have a provincial legislature hereinafter known as the sangguniang panlalawigan, upon which shall be vested the provincial legislative power.
(2) The sangguniang panlalawigan shall be composed of the governor, the vice-governor, elective members of the said sanggunian, and the presidents of the katipunang panlalawigan and the kabataang barangay provincial federation who shall be appointed by the President of the Philippines.
x x x
Sec. 206. Sessions. - x x x
(3) The governor, who shall be the presiding officer of the sangguniang panlalawigan, shall not be entitled to vote except in case of a tie.
x x x
Sec. 207. Quorum. - A majority of all the members of the sangguniang panlalawigan shall constitute a quorum for the transaction of business. A smaller number may adjourn from day to day but may compel the immediate attendance of any member absent without good cause by issuing to the Integrated National Police of the city or municipality where the provincial capital is situated, an order for his arrest and appearance at the session hall under pain of penalty as prescribed by ordinance.
14 464 Phil. 471 (2004).
15 Id. at 488-490.
16 Aside from the presiding officer, there were thirteen (13) other members of the Sangguniang Panlalawigan of Compostela Valley, making a total of fourteen (14) members.
17 DILG Website, www.dilg.gov.ph/PDF_File/issuances/legal_opinions/LO046S2007.pdf (visited 18 November 2011). (Boldfacing supplied)
18 DILG Website, www.dilg.gov.ph/PDF_File/issuances/legal_opinions/DILG-Legal_Opinions-2011318-92df7c2541.pdf (visited 18 November 2011). (Boldfacing supplied)
19 137 Phil. 393 (1969).
20 An Act Making Elective the Offices of Mayor, Vice-Mayor and Councilors in Chartered Cities, Regulating the Election in Such Cities and Fixing the Salaries and Tenure in Such Offices. Approved, 19 June 1959.
21 Supra note 14.
22 Section 53. Quorum. (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
(b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned, to arrest the absent member and present him at the session.
(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
23 Aside from the presiding officer, there were thirteen (13) other members of the Sangguniang Panlalawigan of Compostela Valley, making a total of fourteen (14) members.
24 Civil Service Commission (Regional Office No. 6) Decision, pp. 3-4; rollo, pp. 46-47.
CONCURRING OPINION
(In the Result)
BRION, J.:
The constitutional issue before us is whether Atty. Rex Rojos (Rojo) appointment violated the constitutional ban on appointment.1 The answer to this question depends on the resolution of the prior and underlying question of whether petitioner Rojo effectively resigned from his post as sanggunian member before he was appointed as sanggunian secretary. This question, in turn, hinges on the much prior issue of the number of sanggunian members needed to validly act on Rojos tender of resignation.
While I concur with the conclusion reached by the ponencia, I wish to emphasize that the Vice-Mayor as presiding officer is considered a member of the sanggunian for purposes of quorum determination only. In particular, the majoritys ruling should by no means be interpreted as including the Vice-Mayor (as presiding officer) as sanggunian member, where the Local Government Code (LGC) itself prescribes a specific voting requirement that makes quorum determination irrelevant.
Brief Factual Antecedents
On March 10, 1994, Rojo, a member of the Sanggunian Panlungsod (SP) of La Carlota City, applied for the vacant position of SP Secretary. On the March 17, 2004 session of the SP, Rojo tendered his irrevocable resignation as SP Member. At that time, Vice-Mayor Rex Jalandoon (Jalandoon), as presiding officer, and six members of a twelve-member sanggunian were present.
On March 18, 2004, Jalandoon appointed Rojo as SP Secretary and the latter immediately took his oath of office. On March 26, 2004, the appointment ban for the May 2004 elections took effect. On April 27, 2004, the Civil Service Commission (CSC) Field-Office disapproved Rojos appointment due to incomplete requirements. Jalandoon appealed the disapproval to the CSC Regional Office.
The 2004 elections resulted in changes in the La Carlota local government. The newly elected Mayor and Vice-Mayor of La Carlota City sought to affirm the disapproval of Rojos appointment, alleging that there had been no quorum when Rojo tendered his resignation before the SP. Since Rojos resignation could not have been validly accepted for lack of quorum, it was argued that Rojo continued to be an elective official who was ineligible for appointment to a public office under the Constitution.2
Core Issue
I submit that the quorum issue in this case can be decided by approaching the problem from the point of the question: to whom does the LGC vests the power to accept the resignation of a member of the sanggunian?
My Position
Article 82 of the LGC reads:
Section 82. Resignation of Elective Officials. - (a) Resignations by elective local officials shall be deemed effective only upon acceptance by the following authorities:
(1) The President, in case of governors, vice-governors, and mayors and vice-mayors of highly urbanized cities and independent component cities: (2) The governor, in case of municipal mayors, municipal vice-mayors, city mayors and city vice-mayors of component cities: (3) The sanggunian concerned, in the case of sanggunian members; and (4) The city or municipal mayor, in case of barangay officials.x x x x
(d) Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records: Provided, however, that this subsection does not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribe the manner of acting upon such resignations.
Section 53. Quorum. -On the other hand, Article 457 of the LGC identifies the composition of the sanggunian for the purpose of determining the “sanggunian concerned” authorized to accept the resignation of its member. Article 457 reads:
(a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.x x x x
Section 457. Composition. - (a) The Sanggunian 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.
- Republic Act (RA) 305 (the Charter of Naga). This law did not provide for the position of Vice-Mayor; and
- RA No. 2259 (An Act Making Effective the Offices of Mayor, Vice-Mayor and Councilors in Chartered Cities xxx). This law created the position of vice-mayor in Naga, among others. Section 3 of this law, however, simply provides that “the Vice-Mayor shall be the presiding officer of the City Council or Municipal Board in all chartered cities.”
Section 3. x x x
The Vice-Mayor shall perform the duties and exercise the powers of the mayor in the event of the latters inability to discharge the powers and duties of his office. In the event of a permanent vacancy in the office of mayor, the vice-mayor shall become mayor for the completion of the unexpired term. x x x
In fine, the entire membership must be taken into account in computing the quorum of the sangguniang panlalawigan, for while the constitution merely states that “majority of each House shall constitute a quorum,” Section 53 of the LGC is more exacting as it requires that the “majority of all members of the sanggunian…elected and qualified” shall constitute a quorum.
The difference in the wordings of the Constitution and the LGC is not merely “a matter of style and writing” as respondents would argue, but is actually a matter of “meaning and intention.” The qualification in the LGC that the majority be based on “those elected and qualified” was meant to allow sanggunians to function even when not all members thereof have been proclaimed. And, while the intent of the legislature in qualifying the quorum requirement was to allow sanggunians to function even when not all members thereof have been proclaimed and have assumed office, the provision necessarily applies when, after all the members of the sanggunian have assumed office, one or some of its members file for leave. What should be important then is the concurrence of election to and qualification for the office. And election to, and qualification as member of, a local legislative body are not altered by the simple expedient of filing a leave of absence.
Endnotes:
1 Article IX-B, Section 7, 1987 Constitution.
2 Article IX-B, Section 7, par. 1, 1987 Constitution.
3 Local Government Code, Section 49(a).
4 Id., Section 73.
5 For an offense under Republic Act No. 3019 or under the Revised Penal Code provisions on Bribery, (RA 3019, Section 12).
6 Section 18 (2), Article III of the 1987 Constitution.
7 Estrada v. Desierto, G.R. No. 146710-15, March 2, 2001, 353 SCRA 452, 506-507.
8 Local Government Code, Section 456 (a) 2 and Section 463 (a).
9 137 Phil. 393 (1969).
10 Page 649 of The Local Government Code Revisited 2007 by Sen. Aquilino “Nene” Pimentel, Jr.
11 Under the Local Government Code, the Vice-Mayor is empowered to appoint all officials and employees of the Sanggunian Panlungsod [Section 456(a)2]. He can also exercise such other powers and functions as may be prescribed by law or ordinance.
12 464 Phil. 478 (2004).
13 Id. at 490.
14 Local Government Code, Section 11, Section 50 b(5), Section 54 a, Section 447 a(2)(xii) and Section 458.
15 Id., Section 52(d).
16 Id., Section 125.
17 Id., Section 447 a(2)ii, Section 447 a(2)iii, Section 447 a(2)iv, Section 447 a(2)v, Section 447 a(3)vii, Section 443 d; Section 458 a(2)ii, Section 458 a(2)iii, Section 458 a (2)iv, Section 458 a(2)v, Section 458, a(3) vii, Section 454 d; and Section 468 a(2)ii, Section 468 a(2)iii, Section 468 a(2)iv, Section 468, a(2)v, Section 463 d.
18 Id., Section 36.
19 Id., Section 52(c).
20 Id., Section 13(d).
21 Id., Section 50 b(5).
DISSENTING OPINION
DEL CASTILLO, J.:
The best interpreter of a statute is the statute itself.1
Among the questions raised in the petition is whether respondents resignation from the Sangguniang Panlungsod was effective. According to Section 82 of Republic Act (RA) No. 7160 or the Local Government Code (LGC), the resignation is effective when it is presented before an open session of the concerned sanggunian and duly entered in its records.2 Relating this to Section 53,3 the session where the resignation is read must have a quorum, which is defined as the majority “of all the members of the sanggunian.” Majority is defined as a number greater than half of the total.4
In the instant case, respondents resignation was read in a session where six councilors and the presiding officer were in attendance, while six other councilors were absent. Given that councilors in attendance and in absentia were equal in number, it became imperative to determine whether the presiding officer should be counted for purposes of quorum. If he is counted, there was a quorum of the sanggunian and respondents resignation was effective. If the presiding officer is not counted, there was no quorum and respondents resignation was ineffective. Thus, the resolution of the controversy is centered on whether the phrase “of all the members of the sanggunian” in Section 53 of the LGC refers to the entire composition of the sanggunian (including the presiding officer) or only the members of the sanggunian (excluding the presiding officer).
While both parties referred to Section 457 of the LGC on the composition of the Sangguniang Panlungsod for their respective positions, they emphasized different phrases thereof. For the respondent, the phrase “of all the members of the sanggunian” includes the presiding officer because he is included in the composition of the legislative body. Respondents reading of Section 457 thus made the following emphasis:
Section 457. Composition. (a) The sangguniang panglungsod, 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 panglungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.
Section 457. Composition. (a) The sangguniang panglungsod, 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 panglungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.
Section 457. Composition. (a) The sangguniang panglungsod, 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 panglungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.
SEC. 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.
(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or disabled persons.
(c) The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided by law.
Article Two. - The City Vice-Mayor
SEC. 456. Powers, Duties and Compensation. - (a) The city vice-mayor shall:(1) Be the presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang panlungsod;
(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided in this Code;
(3) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy as provided for in Section 44, Book I of this Code;
(4) Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy as provided for in Section 46, Book I of this Code; and
(5) Exercise such other powers and functions as may be prescribed by law or ordinance.
(b) The city vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty eight (28) for a highly urbanized city and Salary Grade twenty six (26) for a component city, as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.
§6. Presiding officer
x x x x
Usually, the presiding officer of a body does not have a vote except in case of a tie, but this power does not of itself make the officer a member of the body. Where the presiding officer is a member of the body, and as such member is entitled to vote with the other members, the fact of being chosen to act as presiding officer does not remove that privilege.11 (Emphasis supplied.)
§7. Quorum
x x x x
The fact that a statute gives a certain official the right to cast the deciding vote in case of a tie in a governmental body does not of itself make that official a member of that body for the purposes of ascertaining a quorum or majority, or for any other purpose. However, when an official is made a member of a governmental body by its charter, the fact that he is given the right to vote only in case of a tie does not affect his membership, and he must be counted toward a quorum and in determining the number of votes necessary to pass a measure.12 (Emphasis supplied.)
[I]n the absence of any statutory authority constituting the vice-mayor as a member of the municipal board, in addition to being the presiding officer thereof, we cannot read into the law something which is not there. For, as aptly put, differences in law beget differences in legal effects.14 (Emphasis supplied.)In Perez, the charter of Naga City15 simply provided that “the vice-mayor shall be the presiding officer of the City Council or Municipal Board.” On that basis the Court said that the vice-mayor is not a member of the municipal board:
In no manner does the law, either in its original form under Rep. Act 305, or in its amendatory shape under Rep. Act 2259, constitute the vice- mayor as a member of the municipal board. It simply says that “the vice-mayor shall be the presiding officer of the City Council or Municipal Board.” Nothing more.
In this connection, American Jurisprudence has this to say:“When the statutes provide that the mayor shall preside at the meetings of the municipal council, he is a constituent part of the council for certain purposes, and he sits and acts therein, but he is not in any proper sense a member of the council, unless the statutes expressly so provide.”
x x x x
The mere fact, therefore, that the vice-mayor was made the presiding officer of the board did not ipso jure make him a member thereof; and even if he “is an integral part of the Municipal Board” such fact does not necessarily confer on him “either the status of a regular member of its municipal board or the powers and attributes of a municipal councilor.” In sum, the vice-mayor of Naga possesses in the municipal board of Naga no more than the prerogatives and authority of a “presiding officer” as such, and no more.16 (Emphasis supplied.)
On the applicability of Avelino[v. Cuenco]29 to the present case: The issue in said case was whether there was a quorum in a meeting attended by only 12 of 24 senators, one having been in the hospital while another was out of the country. This Court held that although the total membership of the Senate was 24, the presence of 12 members already constituted a quorum since the 24th member was outside the country and beyond the coercive power of the Senate.
In the instant case, there is nothing on record, save for respondents allegation, to show that Board Member Sotto was out of the country and to thereby conclude that she was outside the coercive power of the Sanggunian when the February 8 and 26, 2001 sessions were held. x x x
x x x x
Also, in Avelino, the legislative body involved was the Senate and the applicable rule on quorum was that embodied in Article VI, Section 10 of the 1935 Constitution x x x
x x x x
The present case, however, involves a local legislative body, the Sangguniang Panlalawigan of Compostela Valley Province, and the applicable rule respecting quorum is found in Section 53 (a) of the LGC x x x
x x x x
The difference in the wordings of the Constitution [on senate quorum requirement] and the LGC is not merely “a matter of style and writing” as respondents would argue, but is actually a matter of “meaning and intention.” The qualification in the LGC that the majority be based on those “elected and qualified” was meant to allow sanggunians to function even when not all members thereof have been proclaimed. And, while the intent of the legislature in qualifying the quorum requirement was to allow sanggunians to function even when not all members thereof have been proclaimed and have assumed office, the provision necessarily applies when, after all the members of the sanggunian have assumed office, one or some of its members file for leave. What should be important then is the concurrence of election to and qualification for the office. And election to, and qualification as member of, a local legislative body are not altered by the simple expedient of filing a leave of absence.
The trial court should thus have based its determination of the existence of a quorum on the total number of members of the Sanggunian without regard to the filing of a leave of absence by Board Member Sotto. The fear that a majority may, for reasons of political affiliation, file leaves of absence in order to cripple the functioning of the sanggunian is already addressed by the grant of coercive power to a mere majority of the sanggunian members present when there is no quorum.30
Sec. 8 (1). A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.
(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. x x x
x x x x
(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.
Sec. 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the appointments within ninety days from the submission of the list. (Emphasis supplied.)
Endnotes:
1 Optima statuti interpretatrix est ipsum statutum.
2 SEC. 82. Resignation of Elective Local Officials. (a) Resignations by elective local officials shall be deemed effective only upon acceptance by the following authorities:
x x x x
(3) The sanggunian concerned, in case of sanggunian members; x x x
x x x x
(d) Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records: Provided, however, That this subsection does not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribe the manner of acting upon such resignations.
3 SEC. 53. Quorum. (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
4 Zamora v. Caballero, 464 Phil. 471, 488-489 (2004), citing Perez v. Hon. Dela Cruz, 137 Phil. 393, 410 (1969).
5 Id.
6 Deliberations on the Local Government Code, Part II, August 6, 1990, pp. 45-46.
7 Id. at 51.
8 Deliberations on the Local Government Code, Part II, September 11, 1990, p. 11.
9 Deliberations on the Local Government Code, Part I, August 14, 1990.
10 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.
11 59 Am. Jur. 2d (1987 ed.), Parliamentary Law, Section 6.
12 59 Am. Jur. 2d (1987 ed.), Parliamentary Law, Section 7.
13 137 Phil. 393 (1969).
14 Id. at 402-403.
15 REPUBLIC ACT No. 305, as deemed amended by REPUBLIC ACT No. 2259.
16 Perez v. Hon. Dela Cruz, supra note 13 at 404-405.
17 83 Hun 613, 64 N.Y. St. Rep. 139, 31 N.Y.S. 586 (1894).
18 Aldermen are members of legislative bodies in cities (Websters New International Dictionary, unabridged version, 1981).
19 20 Ky. L. Rptr. 1488, 105 Ky. 678, 49 S.W. 456 (1899).
20 22 Ky. L. Rptr. 1684, 61 S.W. 15 (1901).
21 Republic Act No. 7160, Sec. 54(a) and Sec. 55(c).
22 Republic Act No. 7160, Sec. 21.
23 Republic Act No. 7160, Sec. 50(5) First Proviso.
24 Republic Act No. 7160, Sec. 458(2) (xii).
25 Supra note 4.
26 Zamora v. Caballero, id. at 491-492.
27 Id. at 487-490.
28 Id. at 491-492.
29 83 Phil. 17 (1949).
30 Zamora v. Caballero, supra note 4 at 489-490. Emphasis supplied.
31 Civil Code, Art. 7.
32 Constitution, Article VI, Sec. 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
x x x x
Sec. 5 (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
x x x x
Sec. 16 (1). The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members.
x x x x
33 Local Government Code, Sections 44 and 46.
34 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. x x x
35 Perez v. Hon. Dela Cruz, supra note 9 at 402-403.