Sangguniang Bayan Sessions Should be Open to the Public

Manito’s Time members were supposed to observe the session of the Sangguniang Bayan (SB) last August 9, 2017. However, we were prevented from doing so by the Administrative Assistant III, Madam Luisa Calsiña. We are still at a loss why we were not allowed inside the Session Hall.

Hindi pinapasok upang makapagmasid ng sesyon ng Sangguniang Bayan ang Manito’s Time.

The Constitution states that the Philippines is a Democratic and Republican State.

The Democratic system allows government for the people and by the people where citizens can take part in making decisions and determining policies.

The main feature of Republicanism, on the other hand, is representation.

Democracy makes sure that the will of the people is implemented by the government. It is impractical for each and every citizen to directly participate in legislative discussions. That is why democracy gave birth to republicanism’s representative government. Each and every citizen cannot debate and vote so we elect a few who will represent us. Hence, we have our Sanggunian Bayan.

Sa sistema ng Republikansimo, hindi praktikal na magdesisyon ang lahat ng mamamayan kaya pumipili sila, ayon sa Konstitusyon, ng mga kinatawan. Iyan ang rason kung kaya’t tayo ay may Sangguniang Bayan.

Because of this impracticality we delegate to our SB members the task of making local ordinances and resolutions. They sit and do this task in our stead, as our chosen representatives. We, the citizens, at the very least, are given the opportunity to directly observe deliberations.

This is why the law itself directs that Sangguniang Bayan Sessions shall be open to the public. The general rule is that the people should not be prevented from attending the sessions. This is not a mere option granted to the Council, much less to a single administrative officer.

Ayon sa batas, karapatan ng mga mamayan na makadalo o makapagmasid sa mga sesyon ng Sanggunian.

Sec. 52 (c) of the Local Government Code of 1991 provides:

“All Sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality…”

“Lahat ng sesyon ng Sanggunian ay bukas sa publiko maliban kung napagdesisyonang magkaroon ng pribadong sesyon matapos pagbotohan ng karamihan sa mga miyembrong nasa sesyon, at kapag may quorum, sa mga kadahilanang pangseguridad, DECENCY, o moralidad…”

The law provides an exception to the rule -- that a closed-door session may be ordered -- but only upon “affirmative vote of the majority of the members present” and only for the reasons stated. That is, for reasons of security, decency, or morality”.

Again, we do not know if it is the practice of Manito’s Sangguniang Bayan to violate the right of the people to public sessions by ordering administrative officers to prevent the public from observing the SB sessions. We would like to think that the answer is in the negative.

Perhaps the incident was only due to unclear instructions or lack of knowledge by an administrative officer. In any case, the Sangguniang Bayan needs to clarify policies to staff so that they would not unknowingly frustrate the mandate of our Democratic and Republican State.

Editorial, Manito's Time; August 30, 2017