INTERNAL HOUSE RULES VS. LOCAL GOV’T CODE

CAN a Sangguniang Panlungsod (SP) member, who is on a vacation leave to the United States, still attend and participate in an official session of the local legislative body?

This question was raised when Councilor Alvin Coquia, who was on vacation leave to the USA, from November 16 to 29, participated in the November 29 session of the SP using the online platform Zoom.

Since only six councilors, all from the majority, were in the session hall, it was not enough  to constitute a quorum. When Acting Vice Mayor Librada Reyna-Macalanda sought a second roll call after five minutes, it was at this time when Acting City Secretary Rhea Manuel saw Councilor Coquia register his presence on Zoom, and she certified the existence of a quorum.

Members of the minority bloc were absent: Councilors Jeslito Seen and Dennis Canto were with the delegation of Mayor Belen Fernandez that left Dagupan City on November 18 for a goodwill visit to Milpitas City, California, with which Dagupan City has a sisterhood relationship. Councilors Michael Fernandez and Marcelino Fernandez were on official business locally, while Councilor Joshua Bugayong was already replaced by new Sangguniang Kabataan President Claude Benavides.

“What I know is that it is explicitly prohibited by the Civil Service Commission for anyone who is abroad and not on Philippine soil to participate in any official function in government,” Acting Mayor Bryan Kua told The PUNCH.

Saying that Councilor Coquia’s participation in the SP sessions being on-leave and overseas is prohibited by the Civil Service Commission, Kua transmitted to The PUNCH copies of Coquia’s request for travel authority from November 16-29, 2023 addressed separately to Mayor Belen Fernandez and him (Vice Mayor Bryan Kua), and his October 20, application for leave of absence.

But members of the majority defended Coquia’s participation in the session despite being in the U.S., via Zoom, citing the new amendments they introduced in their House Rules that allows it.

Kua countered that the amendments to the House Rules introduced by the majority were merely contained in a manifestation and not in the form of resolution or ordinance, and even if they were, he said these can never be over and above the Local Government Code and even by the rules promulgated by the Civil Service Commission.

Kua said he will definitely seek relief from the court after the claimed new amended House Rules do not allow him to make rulings and all counter manifestations of the minority  councilors are declared ultra vires by the majority. (Leonardo Micua)

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