On Special Sessions of Sangguniang Bayan:

The Section 52 of the Local Government Code of 1991 (Section 105 on the Implementing Rules
and Regulations) states that:

SECTION 52. Sessions. - (a) On the first day of the session immediately following the
election of its members, the Sanggunian shall, by resolution, fix the day, time, and place
of its regular sessions. The minimum number of regular sessions shall be once a week
for the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan,
and twice a month for the Sangguniang Barangay.

(b) When public interest so demands, special sessions may be called by the local chief
executive or by a majority of the members of the Sanggunian.

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(d) In the case of special sessions of the Sanggunian, a written notice to the members
shall be served personally at the member's usual place of residence at least twenty- four
(24) hours before the special session is held. Unless otherwise concurred in by two-
thirds (2/3) vote of the Sanggunian members present, there being a quorum, no other
matters may be considered at a special session except those stated in the notice.

The law is clear that a special session may only be called by the local chief executive or by a
majority of the members of the Sanggunian, when public interest so demands. The Vice-Mayor
has no legal authority to call for a special session. Further, Merriam-Webster dictionary defines
‘public interest’ as ‘the general welfare and rights of the public that are to be recognized,
protected, and advanced’. Moreover, the phrase ‘public interest demand’ can be also
interpreted to urgent matters that need to be discussed which are imbued with the general
welfare and rights of the public. To conclude, matters that are not urgent in nature should be
discussed on the regular session instead.

On the September 27, 2019 Special Session of the SB of the LGU of Linapacan

The notice is signed by Municipal Mayor Jesse del Prado asking Vice Mayor Ruin Abin to conduct
a Special Session to discuss the agenda enumerated on the same notice. The notice and the
subsequent actions made by the members of the Sangguniang Bayan on the 09-27-19 enjoy a
presumption of regularity.

Recommended actions to prevent from further calling Special Sessions

 Municipal Mayor Jesse del Prado should be informed that Special Sessions shall only be
called when there are urgent matters to discuss. The Vice-Mayor has no authority to ask
 the Mayor to call for a special session of the Sanggunian, unless the issue/s to be
discussed are pressing.
 If VM insists on calling for a special session, Mayor Jesse can ask the majority of the SB
members to call such session instead.
 If a special session is called to order by the presiding officer, SB members can move to
amend the Order of Business or Agenda, limiting only to those urgent and pressing
matters.
 SB can also pass a resolution on internal rules on calling special sessions. It should be
reiterated that matters that are not urgent should be discussed on regular sessions.