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
QuasiJudicial
Appropriation
of Funds
Oversight
Revenue
Generation
Legislation
Regulation
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
Atienza v. Villarosa
G.R. No. 161081, 2005
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. Villarosa
G.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.
Menzon v. Petilla
197 SCRA 251, 1991
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. Petilla
197 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.
La Carlota City v. Rojo
G.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.
La Carlota City v. Rojo
G.R. No. 181367, 2012
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”.
La Carlota City v. Rojo
G.R. No. 181367, 2012
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. Villar
G.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 Tasked
to Function in their Respective Areas of Concern x x x.”
Subsequently, during the May 2004 elections, petitioner was elected City ViceMayor 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 performance
capability 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 paid
for their services pursuant to the contracts therefor.
Vicencio v. Villar
G.R. No. 182069, 2012
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-Mayor
Vicencio 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-Mayor
to enter into consultancy contracts, and not Vice-Mayor Yambao only.
Vicencio v. Villar
G.R. No. 181367, 2012
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 the
LGU, 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 ViceMayor, Ordinance 15-2003 cannot be construed as a “continuing authority” for
any person, such as herein petitioner Vice-Mayor Vicencio, who occupies the
Office 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 period
June 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 Ordinances
Definition
of Parliamentary
Procedure
 The mass of generally accepted rules,
precedents, and practices commonly
employed to guide and regulate the
proceedings of deliberative organizations
 Designed to assist people in reconciling
their conflicting opinions, as well as in
reaching definite solutions to their
problems
Objectives of Parliamentary Procedure
Help
carry out
the body’s
objectives
effectively
Maintain
decorum
for smooth
transaction
of business
Simplify
& systematize
conduct of
business
Enable
the body
to make fast
& valid
decisions
Reconcile
conflicting
opinions
of members
Determine
will
of the
majority
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 Motions
1.
2.
3.
4.
5.
Fix the time to which to adjourn
Adjourn (unqualified)
Take a recess
Raise a question of privilege
Call for orders of the day
Subsidiary Motions
6. 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 Motions
13. (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