Voting by the Sanggunian

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Voting by the Sanggunian

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jayby Atty. Jay I. Dejaresco

The official acts of the Sanggunian is determined by the vote of its members.

Under our democracy, the elected members of the Sanggunian are representatives of the people, who voted them into office, as well as those who did not vote for them.

It is a basic tenet in democracy that the majority rules.

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That is why the local Sanggunians act depends on what the majority of its composition decides.

But as to what this majority precisely is, is left to the Sanggunian to decide, especially when it formulate it internal rules of procedure as mandated by the local government code, under Republic Act No. 7160.

There are many provisions where actions of local governments are validated in the same manner that ordinances are approved.

But the local government code, in certain acts of the Sanggunian requires a different vote requirement, besides the simple majority,

Under the local government code, here are the special vote requirements

For the enactment / approval of ordinances, votes require depend the internal procedures adopted by the Sanggunian on their legislative process under Section 50(b)(3).

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To override a veto of an ordinance of the chief executive, 2/3 votes of all the members is required, based on Section 54 (a) of the law.

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To suspend or expel a Sanggunian member requires 2/3 of all sanggunian members, based on  Section 50(b)(5) of the code.

Sanggunian sessions always open to the public.

Unless for reasons of security, decency, morality,  by a vote of majority of the members present there being a quorum, the Sanggunian decides to hold closed-door sessions , as mandated by   Section 52©.

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Calling special sessions, may be by majority of members of the Sanggunian as stated in Section 52(b).

Only those stated in the notice of special session may be taken up, except when, by a vote of 2/3 of the members present, the sanggunian decides to take up other matters, as stated in Section 52(d)

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In Section 6  of the local government code, the authority to create, divide, merge, abolish, or alter boundaries of a barangay, the votes needed are the same as passing of an ordinance by Sanggunaing Panlalawigan or Panlunsod. But  a plebiscite is required mandatory .

The sanggunian by a vote of 2/3 of all its members, may transfer its seat of government

In matters of closing a local road, an alley, park or square, if  it’s a temporary closure or regulation of use,  the same number needed in passing an ordinance is needed.

But if closure is permanent, 2/3 of all the members of sanggunian are required.

As we can see, there are certain instances where a greater requirement, than mere majority vote is needed to validate certain acts of the sanggunian.

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