Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ‘A. Francisco Gold Condominium Il Bldg, EDSA corner Mapagmahal St, Diliman, Quezon City OFFICE OF THE UNDERSECRETARY FOR SPECIAL CONSTITUENCY RELATIONS: DILG Opinion No, 12, s. 2010 15 February 2010 VICE-MAYOR ERNESTO S. MERCADO SP MEMBER JEJOMAR ERWIN S, BINAY JR. City of Makati Gentlemen: This has reference to your earlier separate letters asking this Department's legal opinion on issues that are now causing an impasse in the ‘Sangguniang Paniungsod of the City of Makati, Per the letter of Vice-Mayor Mercado, he represented that on 12 January 2010. he recommended for the re-organization of two (2) standing committees in the Sangguniang Paniungsod, namely: the Committee on Rules and the Committee on Education, Science and Arts, which are both chaired by Sangguniang Panlungsod Member Jejomar Erwin S. Binay, Jr, who is allegedly abusing and exploiting his position in said Committees for his own political ends to the detriment and prejudice of the other Sangguniang Panlungsod Members and to the primordial interests of the City and its constituents. His call for re. organization was thereafter calendared on the next regular session where it was immediately voted upon by the Sangguniang Panlungsod. Unfortunately, the Voting resulted in a tie with nine (9) votes for “ayes” and “nays”. With this, Vice. Mayor Mercado, as the Presiding Otficer, opted to break the tie and voted in favor of the “ayes”. His act of breaking a tie was, however, vehemently opposed by SP Member Binay and several others citing legal and moral grounds. Nevertheless, Vice-Mayor Mercado ruled against SP Member Binay's motion and Sustained the regularity of his act of breaking the tie, which eventually resulted to walkout from the session hall of SP Member Binay and several others Thereafter, Vice-Mayor Mercado and the remaining members of the ‘Sangguniang Panlungsod proceeded with the selection and election of new committee officers, Furthermore, according to Vice-Mayor Mercado, the proposed resolution calling for the determination of mew majority and’ minority blocks in. the Sangguniang Panlungsod and other important measures that were already considered, favorably endorsed and reported for second reading by the newly organized committees have remained unacted and excluded by the Majority Floor Leader from the Sangguniang Panlungsod's Agenda without any explanation or justification given therefor. In view of the foregoing, Vice-Mayor Mercado is now asking this Department's legal opinion on the following issues: (1) the propriety of his acts and the process of reorganizing the aforesaid standing committees; (2) the extent of his prerogative to break a tie and the merit of his ruling sustaining the same;and (3) the whimsical and arbitrary use of authority by the Majority Floor Leader. ‘Also, Vice-Mayor Mercado is asking an advise on what appropriate acts and measures that he should take in arresting the deadlock for them to get things done in the Sangguniang Paniungsod, Today, we received the letter also dated 15 February 2010 of SP Member Jejomar Erwin S. Binay, Jr. where he clarified certain matters, which were ‘allegedly misstated by Vice-Mayor Mercado in his aforesaid letter. According to SP Member Binay, it is not he but it is Vice-Mayor Mercado who is abusing and exploiting his position and power as Presiding Officer of the Sangguniang Panlungsod for his political agenda since his call for re-organization was made ‘without sufficient basis and in clear bad faith. SP Member Binay also claimed in his letter that the act of Vice-Mayor Mercado in breaking the tie was not properiy made citing two (2) grounds thereto, namely (1) Vice-Mayor Mercado, as the Presiding Officer, is not a regular member of the Sangguniang Panlungsod; and (2) the privilege of the Presiding Officer to break a tie is limited to legislative matters (e.g. enactment of ordinances and resolutions) and does not include those which are purely administrative and internal matters of the Sangguniang Panlungsod such as in this case where there is a call for the re-organization of ‘committees. Lastly, SP Member Binay claimed that he is not whimsically and arbitrarily using his authority as Majority Floor Leader thereby delaying the passage of certain important measures in the Agenda that caused paralysis in the Sangguniang Panlungsod. We shall answer the issues in seriatim. ‘Anent the first issue, as already narrated above, Vice-Mayor Mercado recommended for the re-organization of the two (2) committees which are both chaired by SP Member Binay since the latter was allegedly abusing and exploiting his position in said committees, In this regard, please be informed that the Internal Rules of Procedure (IAP) of the Sangguniang Panlungsod of the City of Makati clearly spelled out the Tule as to "how" the reorganization of committee membership may be initiated, specifically Rule XI, Section 1 therein: “SECTION 1. Creation of Committees. The following rules shall be observed in the creation of committees: ‘The Presiding Officer may recommend the creation or re-organization of any regular or standing committee, The sanggunian shall act on his recommendation without debate and vote on it immediately. ‘As claimed by SP Member Binay in his letter, he and several other ‘Sangguniang Panlungsod Members opposed the call for re-organization of Vice Mayor Mercado for having made without sulficient basis and in clear bad faith. As ‘to whether Vice-Mayor Mercado indeed made his call for re-organization without sufficient basis and in clear bad faith is, to our view, already a justiciable issue in which our courts of justice have the sole duty to determine, With regard to the issue on Vice-Mayor Mercado’s breaking the tie, as already represented, SP Member Binay and several others opposed the same citing two (2) grounds, namely (1) Vice-Mayor Mercado, as the Presiding Officer, is not a regular member of the Sangguniang Panlungsod; and (2) the privilege ofYW hall the Presiding Officer to break a ti is limited to legislative matters (o.g. enactment TF ordinances and resolutions) and does not include those which are purely Guministrative and intemal matters of the Sangguniang Panlungsod such as re- | organization of committees. ‘Anent the first ground given by SP Member Binay in opposing the act of Vice-Mayor Mercado in breaking the tie, please be informed that this Deparimort ik consistent in our opinion that per Section 457 (a) of the Local Government Gode of 1991. the Sangguniang Panlungsod is a composite body where the Vice-Mayor as Presiding Officer is a composite member thereof With respect to the second ground, we again beg to disagree. Section 49 (2) of the Local Government Code of 1991 provides that the Presiding Offcet (all vote only to break a tie. There was no qualification given in that provision of law as to what matters that the Vice-Mayor can exercise his right to vote in case taitie. Neither does the Implementing Fules and Regulations (IAA) of the Local Govemment Code of 1991 make a qualification. Accordingly, we ate of the view that Vice-Mayor Mercado, as Presiding Officer, can break a tie on any matter brought before the Sangguniang Pantungsod. With regard to the last issue involving your majority floor leader, it may be well to note that Rule IV, Section 4 of your IRP enumerates the duties and functions of a majority floor leader and one of which is *(T}o certify the stems that wil be calendared in the agenda.” According to you, your incumbent majority floor leader uses this authority given to him arbitrarily and whimsically thereby resulting t0 paralysis of operations in the Sangguniang Panlungsod. tn this regard, please be informed that while it is incumbent upon all members of the Sanggunian to faithfully and strictly abide by the rules of procedure which they trowweives have adopted, no one member of a collegial body can either use his compliance to said provision just to wantonly do any and all acts hhe may desire serfs own whims and caprices. As already mentioned above, the rules of procedure was adopted by the Sangguniang Panlungsod to define the mode ane renner of conducting its business for the orderly and proper disposition of Tnattors before it, The persistence of any sanggunian member to use such ules just {0 suit his whims and caprices should not be tolerated and, in our opinion, may even be a sufficient ground to warrant disciplinary action ‘We hope that we have addressed your concer accordingly. Very truly yours, Bok 4 EDUARDO R. SOLIMAN, JR. Undersecretary copy lished Director Fact Bite DBILG City Fiat Ofice Cy Hah Mana Legatt7 e