Votes Required — DILG Region I opinion letter

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