Votes Required — DILG Region I opinion letter

[ Digital p. 1 of 4 ] 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 [ Digital p. 2 of 4 ] Republic of the Philippines DEPARTMENT OF THE INTERIOR AI{D LOCAL GOVERIIMEITT Regional Offrce I, City of Satr Fernando, La Union Telephone Number (072188821O8. 7OO 5746. 888 22a9. 7OO 27Or' 7OO 3979' 607 1245 wwrv.dilgregion 1.con ffi Srction 54. Approual of Ordinances. - (a) Every ordiailnce enactd by the panlalawigaa, or sangguniang fuyan shall be presentd to the prouincial govefnor or city or municiryl mayor, as the citse may b. If the local chief execudve concemd apProves the same, he shalt affix his signarure on each and evefy page thermf; otherwise, he shall veto fu and retutn the same with his obiections to the sanggunian, which may proceed to rcconsider the sme. The nnggnian concerned may oveffide the veto of the local chief execudve by two-thirds (2/3) vote of all its members, thereby naking the ordinaace or resolution effective for all legal intents and purposes ffi Sstion 56. Reuiew of Component City and Muaicipal Ordinances or Resolutions by the Sangguniang Panlalawigan. (a)Withinthree(3)daysafterapproval,thesecfearytothesanggunian Pantungsodorsngguniangbayanshallforwardtothesangguniang pantalawigan for reuiew, copies of approved ordinances and the rsolutions approuiagthe]rcaldevelopmentplansandpublicinvestmentprograms formulated by the lual develoPment councils' ffi (d)Ifnoactionhasfuennkenbythenngguniaagpanlalawiganwithin thifiy (30) days after submission of such an ordinalne or resolution, the same shallbepresumedconsistentwithlawandthereforeua]id.w Since all the issues are correlated with each other, they will be discussed simultaneously. Now on rhe issues on local legislation, this office opines that in approving the Local Budget, affirmative maiority votes of the sanggunian members preserrt ,iust be obtained. Article 107 G) of the Rules and Regulations implementing the Local Government code of 1991 provides that"No ordinance or resolution passed by the sang7unian in a regular or special session duly called for the pulpose shall be valid unless approved by a maiority of the members present, thete being a quontm' Any ordinance or resolution authorizing or directing the payment of money or creating liabiliry, shall require the affirmative vote of a maiority of all the sangganian members for its Passage." In determining the quorum, the term "maiority''has been judicially defined as rhe number greater than half or more than half of any total' (Santiago vs' Guingona' er. aI., G.R No. 134577,November 18, 2998) 'Qlorum" is defined as that number of members of a body which, when tegally assembled in their Proper places' will enable the body to transact its proper business or that number which makes a lawful body and gives its power to pass tpoo a law or ordinance or do any valid act' (]avellana vs' fayo G.R. No. L-18919, December 29,1%2)' fibnpre tunh the Philippines -k [ Digital p. 3 of 4 ] Republic of the PhiliPPines DEPARTMENT OF THE INTERIOR AI{D LOCAL GOVERNMENT Regional Oflice I, City of San Fernando, La Union Telephone Number (O72) 88S 2108. 7OO 5746. 888 2289. 7OO 2701' 7OO 3979' 607 1245 rvww. dilgregion l. conr In computing a quorum, it should be based on the actual membership or incumbents which is limited to actual members who are not incapacitated to discharge their duties by reason of death or absence from the jurisdiction of the organization, or for other causes which make attendance of the member concerned impossible even through coercive process as provided for in Section 53 (b) of the Code. (Avelino vs. Cuenco, G.R. No- L-2821, March 4,1949)' DILG Opinion No. 9, s. 2005, provides that when the city councilor or any orher elected official is traveling ourside his city within or outside the Philippines unofficially, he is effectively absent and,/or temporarily incapacitated from acting on the offrcial and business rransactions of his offrce. He is excluded from determination of the quorum. Hence, even if there were only five (5) votes casted during the enactment of the Local Budget, the appropriation ordinance can still be valid and legal as long as there is a quorum during session and said quomm was never questioned during that time. The appropriation ordinance which was already enacted and approved by your Local chief Execurive (LCE) is presumed valid which enioys the presumption of regularity on the part of the Sanggunian. A questionable appropriation ordinance is still valid and legal because it enioys the presumption of regularity unless otherwise declared by the Sangguniang Pantalawigan, upon review, to be invalid for being ultra uires or enacted beyond the powers .orrf.rr"d to the SanggUnian concerned' Also if declared by * order of competent Court to be illegal or unconstitutional' Absent of any declaration from the Sangguniang PanlalawiSan or from competent Court, the same is valid and legal' tteril., theiGu can withdraw funds based from the said ordinance or any similar ffansacdon. on the issue of amendments. This office opines that when an ordinance is already approved by the LCE, the only way to amend it is for the Sanggunian to enact same ordin*.. ,i..ifnrg the provisions being amended, modified or altered' However, if the ordin*.u is still in the sanggunian, it can still be corrected or amended thereof. The ordinance ar that time is not yet approved by the LCE' It does not have yet the force and effect of a law. And even if the ordinance is already for approval of the LCE, the same can still be changed, corrected or amended by virtue of the LcE's veto power as provided for by section 54 ofthe Local Government code' 4 Ft{lirFFlfr&E [ Digital p. 4 of 4 ] Republic of the Philippines DEPARTMENT OF THE INTERIOR AT{D LOCAL GOVERI{MENT Regional Oflice I, City of San Fernando, La Union Telephone Number (o72) 8s8 21O8 . 7OO 5746. 888 2289' 7OO 2701. 7OO 3979' 607 1245 www.dilgegion l.com With respect ro rhe issue of legality or effectivity of your ordinance being amended or corrected during the approval of the minutes or journal, this office defer to issue any opinion in relation thereto because the issue involved questions of facts that are justiciable in nature. Justiciable issues are those that require adiudication from the courrs of law. Also the subiect ordinance enioys the presumption of regularity, hence, valid and legal. We hope to have enlightened you on the issues at hand. Our opinion, however, is without prejudice to any ruling or opinion rendered by a higher authority or a competent tribunal. Warm regards. .Y, CESO III t*\ \r FfiiirFFif;SE Very truly CORAZON