G.R. No. L-10772, December 29, 1958
Agustin C. Bagasao, Policarpio O. Sta. Romana and Enrique Ortiz, members of the Municipal Board of Cabanatuan City, petitioners-appellants, vs. Benjamin Tumangan, in his capacity as President of the Municipal Board of Cabanatuan City, respondent-appellee.

FACTS

The petitioners are the minority members, and the respondent is the president, of the Municipal Board of Cabanatuan City. They filed a petition in the Court of First Instance of Nueva Ecija, alleging that pursuant to the city charter, five affirmative votes are necessary for the passage of any ordinance or resolution creating liability. They cited Section 6, Rule XV of the Board’s rules (Ordinance No. 1, series of 1952), which states: “In case of tie, the President shall vote or may vote to break the tie.” They contended that the respondent was bent on casting his vote on a proposed ordinance to revise market fees even in the absence of a tie, which they claimed was contrary to the cited rule. They sought a judicial declaration on the rule’s correct meaning and a permanent injunction to restrain the president from voting in the absence of a tie. The lower court issued a preliminary injunction. In his answer, the respondent asserted that his election to the presidency did not deprive him of his right to vote as a member on any matter, and his right to vote did not depend on the existence of a tie. He also filed a counterclaim for damages. After trial, the lower court dissolved the injunction, dismissed the petition, and initially awarded damages to the respondent, which it later deleted upon reconsideration. The petitioners appealed.

ISSUE

Whether the president of the Municipal Board of Cabanatuan City, who is a member thereof, may vote on proposed ordinances, resolutions, or motions as a regular member, or if his right to vote is limited only to breaking a tie.

RULING

The Supreme Court affirmed the judgment of the lower court. It held that the presiding officer of the Municipal Board, being a member thereof duly elected by popular vote, may exercise his right to vote as a member on any proposed ordinance, resolution, or motion. The Court noted that the charter of Cabanatuan City ( Republic Act No. 526 , as amended) provides that the Municipal Board’s presiding officer is a member but is silent on the specific voting rights. The Court distinguished the case from cities like Manila and Bacolod and municipalities, where the law expressly limits the presiding officer’s vote to cases of tie. Since the Cabanatuan City charter contains no such limiting provision, to restrict the president’s vote only to breaking a tie would unjustly curtail his prerogative as an elected member of the Board. The rule cited by petitioners (“In case of tie, the President shall vote or may vote to break the tie”) was interpreted as not depriving him of his right to vote as a member, but as specifying an additional circumstance in which he may vote. The appealed judgment was affirmed without costs.