THIRD DIVISION
G.R. No. 185369, August 03, 2016
J. TOBIAS M. JAVIER AND VINCENT H. PICCIO III, Petitioners, v. RHODORA J. CADIAO, ALFONSO V. COMBONG, JR., BENJAMIN E. JUANITAS, CALIXTO G. ZALDIVAR III, DANTE M. BERIONG, FERNANDO C. CORVERA, HECTOR L. FRANGUE AND KENNY S. OLANDRES, Respondents.
R E S O L U T I O N
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 Certiorari1 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.
PREMISES CONSIDERED, the instant petition of the plaintiffs is hereby dismissed for lack of merit.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, vioiative of Article 107(g), IRR of the LGC.17chanrobleslaw
Costs de oficio.
SO ORDERED.16chanroblesvirtuallawlibrary
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]."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.20chanrobleslaw
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 determining 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.
Only the number voting on each side, and not the names of the members, shall be indicated in the minutes.19 (Emphasis ours)
(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 |
(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 |
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.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.
x x x x
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)
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 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.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 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 if he 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)
Endnotes:
1Rollo, pp. 8-31.
2 Issued by Judge Rudy P. Castrojas; id. at 93-105.
3 Id. at 94.
4 Id.
5 Id.
6 Id. at 73-76.
7 Id. at 94-95.
8 Id. at 95-96.
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.
x x x x
Id. at 67. (Emphasis ours)
11Rollo, p. 38.
12 Art. 107. Ordinances and Resolutions. — The following rules shall govern the enactment of ordinances and resolutions:
chanRoblesvirtualLawlibraryx x x x
(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. x x x.
x x x x
13Rollo, pp. 38-40.
14 Id. at 96.
15 Id. at 93-105.
16 Id. at 105.
17 Id. at 98.
18 Id. at 101-103.
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.
x x x x
22 Art. 102. Presiding Officer. — (a) The vice governor shall be the presiding office 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.
x x x x
23 Sec. 11. Selection and Transfer of Local Government Site, Offices and Facilities. -
x x x x
(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.
x x x x (Underscoring ours)
24 Sec. 21. Closure and Opening of Roads. -
(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.
x x x x (Underscoring ours)
25cralawred 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:
chanRoblesvirtualLawlibraryx x x x
(5) The discipline of members for disorderly behavior and absences without ustifiable 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 cralawlawlibrary
x x x x
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.
x x x x (Underscoring ours)
27Rollo, 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 Id. at 24.
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 of registered 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.
x x x x
37Rollo, p. 28.
38 Id. at 18.
39 Id.
40 Id. at 18-19 and 26.
41 369 Phil. 1133 (1999).
42Rollo, pp. 23-24.
43 Id. at 25.
44 Id. at 24-26.
45 Id. at 26-27.
46 Id. at 28-29.
47 Id. at200-213.
48 Id. at 207.
49 Id. at 209-210.
50 Please see Ilusorio 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).
52 686 Phil. 477 (2012).
53 Id. at 494-495.
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 of 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 (1) sectoral representative from the women, one (1) from the workers, and one (1) 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.
56 Id. at 516-517.
57 Please see 1987 CONSTITUTION, Article X, Section 3; Pimentel, Jr. v. Hon. Aguirre, 391 Phil. 84 (2000).
58Arroyo v. De Venecia, 353 Phil. 623, 630 (1998).