BAGASAO VS TUMANGAN

G.R. No, L-10772                         December 29, 1958

FACTS:

 The petitioners are the minority members, and the respondent is the president, of the Municipal Board City of Cabanatuan. They allege in their petition in the Court of First Instance of Nueva Ecija that pursuant to section 14, article III, Republic Act No. 526 commonly known as the Charter of the City of Cabanatuan, five affirmative votes are necessary for the passage of any ordinance, or of any resolution or motion directing the payment of money or creating liability; that the present rules of the Municipal Board as amended shall govern the proceedings of the Board until further amended or revised (Annex B); that pursuant to section 6, Rule XV, Ordinance No. 1, series of 1952 (Annex A), "In case of tie, the President shall vote or may vote to break the tie;" that in the consideration of a proposed ordinance to revise the rate of market fees of the City of Cabanatuan, the respondent "is bent on casting his vote even in the absence of a tie," contrary to the rule referred to, thereby bringing about a situation which calls for a judicial declaration as to the correct meaning or construction of the rule; and that as there is no other plain, speedy and adequate remedy in the ordinary course of law which could prevent the respondent from violating the rule.

RULING: 

Both the unamended and amended provisions of section 11 of the Charter of the City of Cabanatuan provide that the presiding officer of the Municipal Board is a member thereof. The charter, however, is silent on whether the presiding officer may vote as a member on any proposed ordinance, resolution or motion, or only in case of a tie, or after voting as a member, may, as presiding officer, again vote in case of a tie. Section 6, Rule XV, of the rules of procedure of the Municipal Board (Ordinance No. 1, series of 1952, Annex A, pp. 5-6, record on appeal), merely provides that "In case of tie, the President shall vote or may vote to break the tie." In the cities of Manila and Bacolod, where the Vice-Mayor is a member and the presiding officer of the Municipal Board and City Council, and in the different municipalities, where the Municipal Mayor is the presiding officer of the Municipal Council, such presiding officer may vote only in case of tie by express provision of law, 2in contrast to Quezon City where the Mayor is a member of the City Council, and "the affirmative vote of a majority of all the members of the City Council" is necessary to pass an ordinance, resolution or motion directing the payment of money or creating liability.

As the presiding officer of the Municipal Board of the City of Cabanatuan is a member thereof, duly elected by popular vote, he may exercise his right to vote as a member on any proposed ordinance, resolution or motion. To limit his right to vote to a case of deadlock or tie would curtail his right and prerogative as a member of the Municipal Board which is not authorized by the provisions of the charter.