Votes Required — DILG Region I opinion letter

Republic of the PhiliPPines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Regional Offrce I, City of San Fenrando, La Llnion Telephone Number (O72) S88 2lO8.7OO 5746' 888 2289' 7OO 27Ol' 7O0 3979' 607 1245 rvww.dilgregion l.conr August 16,2013 MR. ruLhNL. CAWANG Sangguniang Bayan Member Pugo, La Union Dear SBM Cawang: This refers to your letter seeking the Department's opinion relative to the following issues, to wit: 1. In approving the Local Budget by the Sangguniang Bayan howmanyvotesfromtheSangguniangBayanconcern (sic) is needed? 2. When does a quorum exist? 3.Dofive(5)votesfromtheSanggunianBayanpresent makeanappropriationordinancelegal?Whatisthe nature of its effectivitY? 4. How does an ordinance be amended or corrected? 5. can be (sic) an ordinance be amended or corrected duringtheapprovaloftheminutesjournalofthe Sangguniang BaYan? 6. Does the corrected minutes/journal of the Sangguniang Bayan could amend an ordinance? could it iustifr its legality and effectivitY? T.Despitethefactthatonlyfive(5)membersofthe Sangguniang Bayan present approved an apPropriation ordinance and on the same date the said appropriation ordinance was approved by the Local chief Executive. It is legal? How about its effectivitY? S.CantheLGUwithdrawfundsaccordinglytoa questionable appropriation Ordinance? Before dwelling on the issues, may we first invite your attention to the provision of the local Government Code of 1991 and its Implementing Rules and Regulations to wiq Sstion 53. Quorum' - (a)Amaiorityofa]]themembersofthesnggunianwhohavefuneleted aad qualifrd shall consdrurc a quorum to transact official busines' should a quatioaofquorumknisedduriagasession'thepraiding-officershall i-mediately prcceed to call the roII of the membets and therezfter nnnotrDce the rsults. Ff,iirFFtfrSE I