\cus Repub of be Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DIGNAPOLCOM Conte EDSACcrner Quezon verut, Wes Tragl, Quezon Cy il gor 19 ocr 2010 SILG OPINION No, 31 s ATTY. CAMILO A. CAMENFORTE Camenforte Law & Notarial Office 7 Senator Enage Street Tacloban City, Leyte . 2018, Dear Atty. Camenforte: This has reference to your letter dated 24 June 2017 requesting for legal opinion on the following quoted queries 3. How many number of votes of the Sangguniang Bayan members of a Sangguniang Bayan of a Local Government Unit of a Municipality, is requited to GRANT a FRANCHISE for a term of twelve (12) years in favor of an applicant to operate a cockpit or gallera in a municipality? Is it simply a “MAJORITY” or 2/3 vote of the total number of members composing the Sangguniang Bayan? 4. How many number of votes of the Sangguniang Bayan members of a Sangguniang Bayan of a Local Government Unit ofa municipality, is required to RESCIND or CANCEL a FRANCHISE duly issued by a Sangguniang Bayan, to an operator to operate a cockpit or gallera, for a term of twelve (12) years which has yet to expire on year 2022? ‘To sum up the queries, the issue revolves around the required number of votes of Sangguniang Bayan in granting and in rescinding or canceling a franchise to operate a cockpit or gallera. Our view is that only a simple majority vote is required in granting and in rescinding/canceling a franchise to operate a cockpit or gallera. May we refer herein this Department's Legal Opinion No. 13, s. 2010 dated 09 February 2010, which states: “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 requires for its approval che vote of majority of all 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 session there being a quorum but by the majority of all 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.” Moreover, Section 447(a)(3)(v) of Republic Act No. 7160 (RA 7160), otherwise known as the Local Government Code of 1991 finds application. It states: “Section 447. Powers, Duties, Functions and Compensation. (b) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this ode and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code, and shall: sx (3) Subject to the provisions of Book If of this Code, grant franchises, enact ordinances authorizing the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfire of the inhabitants of the municipality, and pursuant to this legislative authority shall: (v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced;” RA 7160 does not provide an exception in the application of simple majority vote for the grant of franchise to operate a cockpit or gallera. It does not also provide for the minimum required votes for the sanggunian concerned to rescind or cancel said franchise. Further, the number of years or the term of the franchise does not seem to be relevant to whether or not the vote required is simple majority or a qualified majority as RA 7160 does not specify for such manner of voting to be dependent on the number of years or term of franchise. Hence, we opine that for such legislative acts ie. granting andrescinding/eancelling a franchise to necessary. Thank you, Copy furnished: MARIVEL C SACENDONCILLO,CESO IIL Regional Director, Region VIII Legal y/ e Operate a cockpit or gallera, a simple majority is Very truly yours, By the authority of the Secretary some o CESO III Assistant Secretary r