Title
Bagasao vs. Tumangan
Case
G.R. No. L-10772
Decision Date
Dec 29, 1958
Minority members challenged the Municipal Board President's right to vote on ordinances, alleging rules limited his vote to tie-breaking. The Supreme Court upheld his right to vote as a member, ruling no legal restriction existed.
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Case Digest (G.R. No. L-10772)

Facts:

  1. Parties Involved:

    • Petitioners: Agustin C. Bagasao, Policarpio O. Sta. Romana, and Enrique Ortiz, minority members of the Municipal Board of Cabanatuan City.
    • Respondent: Benjamin Tumangan, President of the Municipal Board of Cabanatuan City.
  2. Legal Basis:

    • The petitioners relied on Section 14, Article III of Republic Act No. 526 (Charter of Cabanatuan City), which requires five affirmative votes for the passage of ordinances, resolutions, or motions involving payment of money or creating liability.
    • They also cited Section 6, Rule XV of Ordinance No. 1, Series of 1952, which states that the President of the Board may vote to break a tie.
  3. Dispute:

    • The petitioners alleged that the respondent, as President of the Municipal Board, intended to cast his vote on a proposed ordinance revising market fees, even in the absence of a tie, contrary to the rules.
    • They sought a judicial declaration on the correct interpretation of the rule and requested a preliminary injunction to prevent the respondent from voting.
  4. Court Proceedings:

    • The Court of First Instance of Nueva Ecija issued a preliminary injunction restraining the respondent from voting.
    • The respondent countered that his election as President did not deprive him of his right to vote as a member of the Board and sought damages for humiliation and mental suffering caused by the petitioners' actions.
  5. Judgment:

    • The trial court ruled in favor of the respondent, holding that he retained his right to vote as a member of the Board. It dissolved the preliminary injunction and initially awarded damages to the respondent, but later removed the damages upon reconsideration.

Issue:

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Ruling:

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Ratio:

  1. Presiding Officer's Right to Vote:

    • The presiding officer of a legislative body, if also a member, retains the right to vote as a member unless expressly limited by law.
    • The Charter of Cabanatuan City does not restrict the President's right to vote only in cases of a tie.
  2. Interpretation of Rules:

    • Section 6, Rule XV of Ordinance No. 1, Series of 1952, which allows the President to vote to break a tie, does not preclude the President from voting as a member in other circumstances.
  3. Comparative Analysis:

    • The Court compared the provisions of the Charter of Cabanatuan City with those of other cities (e.g., Manila, Bacolod, and Quezon City) and noted that in the absence of express limitations, the President's right to vote as a member remains intact.
  4. Judicial Restraint:

    • Courts should not impose restrictions on the rights of elected officials unless explicitly provided by law.


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