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Unformatted text preview: use of a local street, road, thoroughfare or any other public place where shopping, Sunday, flea or night markets may be established and where articles of commerce may be sold or dispensed with to the general public. (Sec 21(d) R.A. 7160) 2.e. Local Legislative Power Q: Who exercises local legislative power and their presiding officer (PO)? A: Province City Municipality Barangay Sangguniang panlalawigan Sangguniang panlungsod Sangguniang bayan Sangguniang barangay Vice‐governor City vice‐
mayor Municipality vice‐mayor Punong barangay Note: The PO shall vote only to break a tie. (Sec. 49(a) R.A. 7160) Q: In the absence of the regular presiding officer, who presides in the sanggunian concerned? A: The members present and constituting a quorum shall elect from among themselves a temporary presiding officer. 196 Note: He shall certify within 10 days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided. (Sec. 49(b) R.A. 7160) Q: May an incumbent Vice‐Governor, while concurrently the acting governor, continue to preside over the sessions of the Sangguniang Panlalawigan? If not, who may preside in the meantime? A: A vice‐governor who is concurrently an acting governor is actually a quasi‐governor. For purposes of exercising his legislative prerogatives and powers, he is deemed a non‐member of the SP for the time being. In the event of inability of the regular presiding officer to preside at the sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer.(Gamboa v. Aguirre, G.R. No. 134213, July 20, 1999) Q: What is the quorum in the sanggunian? A: A majority of all the members of the sanggunian who have been elected and qualified. (Sec. 53(a) R.A. 7160) Q: What are the procedural steps or actions to be taken by the presiding officer if there is a question of quorum and if there is no quorum? A: Should there be a question of quorum raised during a session, the PO shall immediately proceed to call the roll of the members and thereafter announce the...
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