Votes Required — DILG Region I opinion letter

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