Rule of the majority?
By Farah G. Decano
SOME two weeks before the recent barangay elections, Francis Magalona’s paramour, Miss Abigail Rait, came out in public and proclaimed her love affair with the late rapper. She later announced that she was running for barangay kagawad and even made use of the legendary singer’s song as her campaign jingle. Well, she lost the elections.
She must have thought that by associating herself with a famous married celebrity, she could obtain free publicity regardless of whether it is good or bad. She miscalculated. She forgot about the wives who sympathized with Francis M’s spouse. They probably have become Miss Rait’s automatic negative campaigners.
Of course, this is not true all the time. Some famed paramours have gotten themselves in power. Why? Because either they or their married lovers are powerful, offensively rich, or have sowed many unforgettable good deeds that the voting public may have overlooked their status. Tignan ninyo si…si… at si…
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Vexed by the passage of the 2023 City Annual Budget through the able steering of the session by Dagupan Vice Mayor BK Kua, the opposition councilors proposed new internal rules for the Sangguniang Panlungsod. These rules clearly intend to eliminate discretion from Vice Mayor BK Kua in presiding over their sessions and to reduce him to a mere secretary who records, follows and executes the decision of the majority of the council.
While, the Roberts’ and Mason’s rules on parliamentary procedure provide that the presiding officer should be the agent of the majority in a legislative body, this principle of representation should not be true all the time. A study of the Local Government Code will yield the suggestion that there are exceptions to this principle of “majority rules” such in situations that call for sobriety and reasonableness.
Unlike the Senate or House of Representatives wherein the chairs of the plenary council are chosen by the members of the said legislative bodies, the Sanggunians’ presiding officers are directly chosen by the people by virtue of their election either as Vice Mayors or Vice Governors. In other words, the latter have independent mandates.
Because their powers directly come from the people, it could be contended that our local presiding officers are entrusted the implied power to enforce reasonableness in the sanggunian, maintain peace and the observance of decorum.
Does this suggestion mean that the Vice Mayor or Vice Governor could be dictatorial over the members of the Sanggunian? No. Our country is a democratic country. We believe in the rule of the majority. Please note that the operative word is rule, not terror, of the majority. It is humbly contended that, among implicit residual powers of the Vice Mayor are his authority to quell chaos and ignore obviously abrasive members. Certainly, the proponent of the Local Government Code of 1991, Senator Nene Pimental did not envision the Vice Mayor or Vice Governor powerless over an unruly and unreasonable majority.
While Vice Mayor Brian Kua may have used these so-called implied powers in ruling the enactment of the 2023 Budget, he had also exposed himself for a possible suit. The general public, however, found his apparent disregard of the majority members in the council as rather brave and almost heroic. Because he risked himself with this unprecedented move, the Dagupeños are now enjoying and will continue to enjoy the fruits of an enacted budget for the rest of the year.
The courage of Vice Mayor Kua may be romanticized as the public officer who put his position on the line to save the Dagupeños from the misery of deprivation.#
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