enhancing parliamentary skills -...

Enhancing Parliamentary Skills For Effective Management

of Legislative Sessions

by

Atty. Benedict Gonzales

VICE MAYORS LEAGUE

OF THE PHILIPPINES

Multi-Faceted Functions of the Sanggunian

Legislation

Appropriation

of FundsRevenue

Generation

Oversight Regulation

Quasi-

Judicial

Multi-Faceted Functions of the Sanggunian

By express provision of Sections 447, 458 and

468 of the LGC, the Sanggunian is the

legislative body of the LGU

Hence, it shall enact ordinances, approve

resolutions, and appropriate funds for the

general welfare of the LGU and its inhabitants

Not only in accordance with Sections 447, 458

and 468, but also pursuant to Sections 16, 17,

18, 19, 22 and other provisions of the LGC

Local Legislative Power

Since time immemorial, LGUs can legislate on

purely local matters (Rubi v. Provincial Board of Mindoro)

This is because local legislatures are more

knowledgeable than Congress on matters of

purely local concern, and are in a better

position to enact appropriate legislation

The law-making powers of LGUs are not merely

by Congress’ good graces; they have been

vested by the Constitution itself

Local Legislative Power

Section 48 of the LGC states that

legislative power is vested in the

Sanggunian as a collegial body

Legislation therefore requires the

participation of all members by voting

upon questions put upon the body

The term “Sanggunian” suggests more

than just a law-making body

Presiding Officer

Section 49: the Vice Mayor is the Sanggunian’s regular

presiding officer

Section 457: the Vice Mayor is a composite member of

the council

To preserve his/her neutrality, the Vice-Mayor is mandated

by law to vote only for the purpose of breaking a tie

The Vice Mayor is not a mere spare tire or decorative

position; he/she is the administrative head of the

legislative assembly

In fact, the position is unique in that it performs both

legislative and executive functions

Powers of the Vice Mayor

(1) Be the presiding officer of the Sanggunian

and sign all warrants drawn for all expenditures

appropriated for the operations of the

Sanggunian

(2) Subject to civil service rules and

regulations, appoint all officials and employees

of the Sanggunian

Powers of the Vice Mayor

(3) Assume the office of the LCE for the

unexpired term of the latter in the event of

permanent vacancy (Section 44, LGC)

(4) Exercise the powers and functions of the

local chief executive in cases of temporary

vacancy (Section 46, LGC)

(5) Perform such other duties and functions as

may be prescribed by law or ordinance

The vice-governor is the administrative head of the Sangguniang

Panlalawigan

Facts: Respondent Governor issued a memorandum stating: “For proper

coordination and to ensure efficient and effective local government

administration particularly on matters pertaining to supply and property

management, effective immediately, all Purchase Orders issued in connection

with the procurement of supplies, materials and equipment[s] including fuel,

repairs and maintenance needed in the transaction of public business or in the

pursuit of any undertaking, project or activity of the Sangguniang

Panlalawigan, this province, shall be approved by the undersigned in his

capacity as the local chief executive of the province”.

Petitioner vice-governor challenged the said memorandum, arguing that RA

7160 already provides for the separation of powers between the executive and

legislative. Hence, the authority of the vice-governor includes everything

necessary for the legislative research program of the Sanggunian, and that he

can sign purchase orders for supplies, materials and equipment without coursing it to the governor for his approval.

Atienza v. VillarosaG.R. No. 161081, 2005

Ruling: The vice-governor, as the presiding officer of the Sangguniang

Panlalawigan, has administrative control of the funds of said body and

possesses the authority to approve disbursement vouchers for expenditures appropriated for the operation of the local legislature.

Since it is the vice-governor who approves disbursement vouchers and

approves the payment for the procurement of supplies, materials, and

equipment needed for the operation of the Sanggunian, then he/she also has

the authority to approve the purchase orders to cause the delivery of the said items.

While the governor has the power to appoint officials and employees whose

salaries are paid out of provincial funds, such authority does not include the

officials and employees of the Sanggunian, because the power to appoint the

latter is vested in the vice-governor.

The clear objective of the Local Government Code is to ensure a better

delivery of public service and establish a system of check and balance between the local executive department and the Sanggunian.

Atienza v. VillarosaG.R. No. 161081, 2005

There is a vacancy in the office of the vice-governor if the incumbent assumes another office

Facts: In the 1988 local elections, no governor for the Province of Leyte had

been duly elected and proclaimed as of February 16, 1988.

The Secretary of Local Government designated the respondent, who was then

the duly elected and qualified vice-governor, as acting provincial governor; and

a little over a month later, the Secretary designated the petitioner, then the

senior provincial board member, as acting vice-governor.

The Sangguniang Panlalawigan officially acknowledged the designation of

respondent Petilla as acting governor, but refused to recognize the designation of petitioner Menzon as acting vice-governor.

Menzon v. Petilla197 SCRA 251, 1991

Ruling: The Supreme Court has enunciated that “there is no vacancy

whenever the office is occupied by a legally qualified incumbent. A sensu

contrario, there is a vacancy when there is no person lawfully authorized to assume and exercise at present the duties of the office”.

Using this definition of the term vacancy, it was concluded that when the duly

elected vice-governor, the respondent herein, was appointed acting governor,

the office of vice-governor was left vacant. In the eyes of the law, there was a

vacuum created in the office to which the respondent was elected. It was the

respondent’s automatic assumption to the position of acting governor that caused the vacancy in the office of the vice-governor.

In the later case of Gamboa vs. Aguirre, 310 SCRA 867, 1999, the Court ruled

that when the vice-governor assumes office as acting governor, he can no

longer continue to preside over the sessions of the Sanggunian, and the

vacancy in the position of presiding officer has to be resolved by applying

Section 49(b) of the LGC, to the effect that the members present and

constituting a quorum will have to elect from among themselves a temporary presiding officer.

Menzon v. Petilla197 SCRA 251, 1991

La Carlota City v. RojoG.R. No. 181367, 2012

The vice-mayor (or vice-governor) is included in the computation of quorum

Facts: On March 18, 2004, the vice-mayor of La Carlota City, Negros

Occidental appointed Atty. Rex 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 Civil Service Commission Negros Occidental Field Office, and later the

new set of city officials, questioned Rojo’s appointment on the following

grounds: (a) that the appointment was made within the period of the election

ban prior to the May 14, 2004 elections; and (b) that the resignation of Rojo as

sanggunian member is ineffective having not complied with the provision on quorum under Section 82(d) of RA 7160.


Ruling: Section 82 of the LGC provides:

“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.

(c) The resignation shall be deemed accepted if not acted upon by the authority concerned within 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”.


Ruling: Petitioners insist that the vice-mayor, as presiding officer of

the Sangguniang Panlungsod, should not be counted in determining whether a

quorum exists. Excluding the vice-mayor, there were only six out of the 12

members of the sanggunian who were present on March 17, 2004. Since the

required majority of seven was not reached to constitute a quorum, then no

business could have validly been transacted on that day including the acceptance of respondent’s irrevocable resignation.

However, the Senate deliberations on the proposed Local Government Code

show the intent of the Legislature to treat the vice-mayor not only as the

presiding officer of the sanggunian, but also as a member of the sanggunian.

In the same manner that under the Local Government Code of 1991, the

provincial vice-governor, the city vice-mayor, and the municipal vice-mayor, as

presiding officers of the Sangguniang Panlalawigan, Sangguniang Panlungsod,

Sangguniang Bayan, respectively, are members of their respective sanggunian.

Hence, it is clear that the vice-mayor, as presiding officer, is part of the entire

membership of the sanggunian which must be taken into account in computing the quorum.

Vicencio v. VillarG.R. No. 182069, 2012

Facts: On October 30, 2003, the Sangguniang Panlungsod of Malabon

approved Ordinance 15-2003, entitled “An Ordinance Granting Authority to the

City Vice-Mayor, Hon. Jay Jay Yambao, to Negotiate and Enter into Contract

for Consultancy Services for Consultants in the Sanggunian Secretariat Taskedto Function in their Respective Areas of Concern x x x.”

Subsequently, during the May 2004 elections, petitioner was elected City Vice-

Mayor of Malabon. To complement the manpower requirements of the existing

Sanggunian Secretariat, petitioner deemed it necessary to hire the services of

consultants with the end view of augmenting and upgrading its performancecapability for the effective operation of the legislative machinery of the city.

On February 1, 2005, petitioner, representing the City Government, entered

into Contracts for Consultancy Services with various persons, who after

rendering consultancy services to the Sanggunian, were correspondingly paidfor their services pursuant to the contracts therefor.


Facts: On December 19, 2005, the City Auditor disallowed the amount of

P384,980.00 paid to the consultants for being an improper disbursement,

based on the finding that Ordinance 15-2003 specifically authorized the former

Vice-Mayor Yambao to enter into a contract for consultancy services in the

Sanggunian Secretariat covering the period June to December 2003 only.

Said ordinance does not give authority to the incumbent City Vice-MayorVicencio to hire consultants for CY 2005.

Aggrieved by the disallowance, petitioner appealed to the Court, contending

that while Ordinance 15-2003 specifically mentions then Vice-Mayor Yambao,

the intent in passing the law may not be ignored.

It was the intention of the city council to authorize the Office of the Vice-Mayorto enter into consultancy contracts, and not Vice-Mayor Yambao only.


Ruling: Under Section 456 of the Local Government Code, which enumerates

the powers and duties of a city vice-mayor, there is no inherent authority on

the part of the city vice-mayor to enter into contracts on behalf of theLGU, unlike that provided for the city mayor.

Thus, the authority of the vice-mayor to enter into contracts on behalf of

the city was strictly circumscribed by the ordinance granting it. In the

instant case, Ordinance 15-2003 specifically authorized Vice-Mayor Yambao to

enter into contracts for consultancy services.

As this is not a power or duty given under the law to the Office of the Vice-

Mayor, Ordinance 15-2003 cannot be construed as a “continuing authority” for

any person, such as herein petitioner Vice-Mayor Vicencio, who occupies theOffice of the Vice- Mayor to enter into subsequent, albeit similar, contracts.

Ordinance 15-2003 only authorized the then City Vice-Mayor Yambao to enter

into consultancy contracts in the specific areas of concern. Further, the

appropriations for this particular item were limited to the savings for the periodJune to December 2003.

Parliamentary Powers and Duties of the Vice Mayor

Parliamentary Powers and Duties of the Vice Mayor

7. AVOID WASTING TIME

8. EXERCISE SELF-CONTROL & NOT BE DRAWN INTO VERBAL

WRANGLING (argument, quarrel, or altercation)

9. PROVIDE EXEMPLARY AND FACILITATIVE LEADERSHIP ALL

THE TIME

10. FAMILIARIZE SELF WITH PARLIAMENTARY PROCEDURES

11. KEEP THE MEMBERS FULLY INFORMED ABOUT THE WORK,

NEEDS AND PROBLEMS OF THE SANGGUNIAN

12. RECOGNIZE THE MEMBERS PROPERLY

13. INFORM THE BODY OF EACH ITEM OF BUSINESS

14. CLARIFY ISSUES WHEN NEEDED

15. ADJOURN SESSION PROPERLY

Classification of OrdinancesDefinition of Parliamentary Procedure

The mass of generally accepted rules,precedents, and practices commonlyemployed to guide and regulate theproceedings of deliberative organizations

Designed to assist people in reconcilingtheir conflicting opinions, as well as inreaching definite solutions to theirproblems

Objectives of Parliamentary Procedure

Simplify

& systematize

conduct of

business

Reconcile

conflicting

opinions

of members

Determine

will

of the

majority

Maintain

decorum

for smooth

transaction

of business

Enable

the body

to make fast

& valid

decisions

Help

carry out

the body’s

objectives

effectively

Sources of Parliamentary Procedure

1. Constitution

2. Statutes

3. Judicial precedents

4. Internal procedures

5. Parliamentary authorities

6. Customs and usages

Violations will

invalidate the

ordinance

Violations will not

invalidate the

ordinance;

But violators will

be subject to

possible

disciplinary

sanctions

10 Tenets of Parliamentary Procedure

Rule of the majority

Right of minority to be heard

Equality of rights, privileges, and obligations

There must be a presiding officer who is neutral

Full and free discussion must be encouraged

Singularity of subject or topic

All motions must be submitted to a vote

Respect for the human dignity

Respect for the freedom of speech

Group interest must prevail

Can a Motion Interrupt a Speaker ?

As a rule, a motion can be presented only

where no person has the floor; a speaker

recognized by the Chair is entitled to the floor

But motions that affect rights and privileges of

individual members or of the whole assembly

may interrupt a speaker

These are: (a) question of privilege; (b) point of order; (c)

point of parliamentary inquiry; and (d) point of

information

Does a Motion Always Need a Second ?

All motions generally require a second; however, motions that do not really make a proposal need not be seconded

Motions that constitute a demand, request, or an assertion of right or privilege, need not be seconded and are decided by the Chair

Ex. division of the assembly, division of a question, point of order, point of information, question of privilege, withdrawal of motion, and change of vote

Is a Motion Debatable?

Motions which by their nature are substantive propositions requiring serious consideration, are debatable

Non-debatable motions are those which are only procedural in character and therefore may be decided by the Chair

Examples of fully debatable motions: (1) Main motion (2) To amend, if applied to a fully debatable question (3) To postpone indefinitely (4) To appeal (5) To reconsider (6) To rescind or repeal

Can a Lost Motion be Revived?

When a motion is declared lost or disapproved, it cannot be presented anew during the same meeting

Exception: where there is a substantial change in parliamentary situation, as when a supervening event occurs that affects the business of the assembly, thereby making it probable that the body may take a different position on the question sought to be revived

Precedence of Motions

Due to the tremendous number of motions, it is now necessary to classify and rank them according to their relative importance

Precedence provides that any motion of a rank higher than the one immediately pending on the floor is procedurally in order

Inversely, any motion that is of a lower rank than the one presently under consideration is out of order

Order of Precedence of Motions

Privileged Motions1. Fix the time to which to adjourn

2. Adjourn (unqualified)

3. Take a recess

4. Raise a question of privilege

5. Call for orders of the day

Subsidiary Motions6. Lay on the table

7. Call for the previous question

8. Modify the limits of debate

9. Postpone definitely

10. Commit or refer to a committee

11. Amend (unadopted questions)

12. Postpone indefinitely

Main Motions13. (a) General main motions

(b) Specific main motions

* Take from the table

* Reconsider

* Reconsider and have entered on the minutes

* Rescind or repeal

* Expunge

* Adopt a report

* Amend (adopted questions)

Incidental Motions

Food for Thought

Procedural rules are not an end in

themselves

They should not be treated as some

kind of commandments cast in stone

that need to be obeyed for the mere

sake of strict compliance

Especially, if by doing so, individual

rights will be transgressed or the

organization’s interest will be sacrificed

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