Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM CENTER, EI}SA corner QUEZON AVENUE, QUEZON CITY "Telephone Number 25.11.48 + 925.88.88 + 025.09.02 jr dls ov. ph * —DILG Legal Opinion No. 21, 5. 2015 HON, EDITHA C. ESCAMA 03 JUL 2015 Vice-Mayor Real, Quezon Dear Vice-Mayor Escama: ‘This has reference to your letier dated 27 April 2015 requesting legal opinion on the following quoted issues: | “l) Given the fact that the Sangguniang Bayan of Real, Quezon is composed of eight (8) regular members, the Liga ng mga Barangay President as ex-officio member and the Municipal Vice Mayor as the Presiding Officer. What is the required number of votes to pass a Tesolution authorizing the municipal mayor to negotiate and|enter into contract with the Development Bank of the Philippines to obtaih loan? 2) Can we consider the resolution adopted by the Sanggunian valid? 3) itis noe valid, are the Sangguniang Bayan Secretaty and the Municipal Vice Mayor required td furnished (sic) the municipal mayor copy of such resolution?” Per yout letter, on 13 April 2016, the Sangguniang Bayan of Real, Quezon passed a resolution authorizing Municipal Mayor Joel Amando A. Diestro to negotiate and enter into contract with the Development Bank of the Philippines (DBP) to obtain a loan to be used for the realization of the water| supply system with a project cost amounting to PHP110,000,000.00. Considering that the Sangguniang Bayan of Real, Quezon is composed of eight (8) regular members, one (1) ex-officio member referring to the president of the municipal chapter of the liga ng mga barangay ahd the Municipal Vice-Mayor as Presiding Officer, you are now asking our legal opinion, primarily, on whether the required number of votes ‘was mustered when five (5) Sangguniang Bayan Members voted in favor of passing the resolution while four (4) voted in the negative. We deem it proper to answer your three (3) aforequoted queries in one (1) jon since they are interrelated. |ta | wag At the outset, may we respe¢tfully invite attention to the following provisions of Republic Act No, 7160 or the Local Government Code of 1991, thus: Section 22 (e) - “Unless otherwise provided in this Code, no contract may be entered into by the local chief executive in behalf of the local government unit without prior authorization by the sanggunian concerned. A legible copy of such contract shall be posted at a conspicuous place'in the provincial capitol or the city, municipal or barangay hall.” (Emphasis Supplied) Section 444 (b) (1) (vi)- “(vi) Upon authorization by the sangguniang bayan, (the Municipal Mayor shall] represent the municipality in all its business transactions and sign on its behalf all bonds, contracts, and obligations, and such other documents made pursuant to|law or okdinance.” (Emphasis Supplied) On the other hand, Section 447 (a) (2) (ii)- “Subject to the provisions of Book,II of this Code and upon the majority vote of all the members of the Sangguniang Bayan, [the Sangguniang Bayan shall) authorize the municipal mayor to negotiate and contract loans and other forms of indebtedness”. Based on the aforequoted provisions, prior authorization from the Sangguniang, Bayan is necessary in order for the Ipcal chief executive to validly enter into contracts in behalf of the municipality. However, when it comes to contracting loans and creating other forms of indebtedness such as the|case at hand, the authorization required from the Sangguniang Bayan, as expressly pfovided under Section 447 (a) (2) (iii) of the Local Government Code of 1991, is that approved by a majority vote of all the members of the Sanggunian. This majority vote is popularly known as the qualified majority vote. {un In order for.us to determine the qualified majority vote, itis imperative to determine first the composition of the Sangguniang Bayan. Section 446 of the Local Government Code of 1991 provides for the composition of the Sangguniang Bayan, to wit: legislative body of the municipality, shall be composed of the municipal vice mayor as the presiding officer, the regular 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, 4s members.” “Section 446. vn (@) The sangguniang bayan, the‘As represented by Hon. Escé present composed of the following: and the Municipal Vice Mayor as Pré shall herein be considered as compost the qualified majority. It may be well to stress at Occidental, et al. vs. Rojo, where opinions rendered by the Department are members of the Sanggunian, thu “RA 7160 clearly staté composed of the city vice-ma, members, the president of th president of the panlungsod and the sectoral represental defines “composed of" as officer, the vice-mayor can officer votes when it matte votes. Clearly, the vice-mayt yma, the Sangguniang Bayan of Real, Quezon is at Light (8) regular members, one (1) ex-officio member isiding Offcere Thus, the Sangguniang Bayan of Real dd of ten (10) members for the purpose of determining ‘this juncture the case of La Carlota Gity, Negros the Supreme Court reiterated, citing several legal , that vice-governors and municipal/city vice-mayors 's that the Sangguniang Panlungsod ‘shall be wr as presiding officer, the regular sanggunian city chapter of the liga ng mga barangay, the 1a pederasyon ng mga sangguniang kabataan, tives, as'menibers.” Black's Law Dictionary ‘formed of" or ‘consisting of:" As the presiding ite only to break a tie. In effect, the presiding the most, that is, to break a deadlock in the vf, as presiding officer, is a 'member" of the sidering that he is mandated under Section 49 «a tie, To construe otherwise would Sangguniang Panlungsod con} of RA 7160 to vote to break anomalous and absurd situation where the presiding officer who votes to break a tie during a Sanggunk Going now to the computation vs. Guingona’, et al. instructive. In t greater than half of the membershi entire membership. Following said the total membership of the Sanggun| of 5. 5+1 will give us the total of 6. ‘Therefore, the five (5) memt Municipal Mayor Joel Amando A. Development Bank of the Philippin 7 is not considered a member’ of the ”n of the qualified majority, we find the case of Santiago chis case, “majority”has been defined as that which is of the body or that number which is 50%+1 of the tiling, and following the qualified majority rule, since lan of Real is 10, 10 divided by 2 will give us a quotient nc Jers who-oted.to approve the resolution authorizing estro to negotiate and enter into contract with the ds (DBP) to obtain a loan to be used for the realization of the water supply system with a project cost amounting to PhP110,000,000.00 passed by the Sangguniang Bayan of Real, Que’ qualified majority of the ten-mem! however, that in said session, the sé including the presiding officer, since because the presiding officer cannot tic!, Stated differently, the presidin, fora “qualified majority”. GIR No. 1B1367,24 April 2012, 2 GR. No. 134577, 18 November 1998, * ection 49), RA 7160, jon on 13 April 2015 appears to have not mustered the xr Sanggunian,of Real, Quezon, We have to clarify, ime must have been attended by at least 7 members, the 6 affirmative votes shall be coming ftom the floor ‘vote thercon as he is allowed to vote only to break a officer cannot vote to'complete the vote requirementGiven the foregoing, we are Mayor Joel Amando A. Diestro to ne Bank of the Philippines (DBP) to obt supply system with a project cost Sangguniang Bayan of Real, Quezon vote. As a necessary consequence o} same could not be made as a valid Mayor. the view that the resolution authorizing Municipal jotiate and enter into contract with the Development ‘in a loan to be used for the realization of the water amounting to PhP110,000,000.00 passed by the nn 13, April 2015 did not muster a qualified majority the legal infirmity suffered by said resolution, the jasis for the loan to be contracted by the Municipal We hope to have guided you accordingly. DIR. RENATO L. BRION Regional Director, DILG-Region I CALABARZON Regional Goveram| Brgy. Mapagong, Calamba City, Lag ee Very ly yours, 4 ay AUSTERE A. PANADERO Undersecretary He siseranen A pnt Center (CRGC) “4