Determination of majority votes and quorum in the Sangguniang Bayan

Republic of the Philippines Department of the Interior and Local Government Region 13 (Caraga) “Matino, Mahusay at Maaasahan” 1559 Matimco Bldg., Km. 4 Libertad, Butuan City Email Address: official@caraga.dilg.gov.ph Tel. Nos.: (085) 342-2134, 341-1976, 342-2045 Website: www.caraga.dilg.gov.ph For example, an Appropriation Ordinance as discussed in the above cited DILG Opinion only requires a simple majority. On the other hand, an ordinance or resolution authorizing or directing the payment of money or creating a liability requires the qualified majority, viz: “Section 442 (a) (2) (iii) of the Local Government Code of 1991. Subject to the provisions of Book II of this Code and upon the majority vote of all the members of the sangguniang bayan, authorize the municipal mayor to negotiate and contract loans and other forms of indebtedness;” “Article 107, 2nd sentence of paragraph (g) of the Implementing Rules and Regulations of the Local Government Code of 1991. (g) xxx Any ordinance or resolution authorizing or directing the payment of money or creating liability, shall require the affirmative vote of a majority of all the sanggunian members for its passage.” We note that DILG Legal Opinion No. 21, S. 2015 dated 03 July 2015 was issued specifically to answer the question on the required number of votes to pass a resolution authorizing the mayor to negotiate and enter into contract with the Development Bank of the Philippines to obtain loan. Thus, the query was properly answered stating the requirement in Section 442 (a) (2) (iii) of the Local Government Code of 1991 and that “this majority vote is popularly known as the qualified majority”. To emphasize, an affirmative vote of the qualified majority is required in negotiating or contracting loans and other indebtedness. Thus, the question left to be answered is: Is the approval or amendment of the Internal Rules of the Sangguniang Bayan authorizing or directing payment of money or creating a liability? The answer is a clear NO. Thus, we reiterate firmly that the vote of the simple majority is required for the sanggunian to transact usual business such as approving motions, resolutions and ordinances unless there are specific provisions of law stating otherwise. For your guidance, we have quoted hereunder the specific provisions of the Local Government Code of 1991 requiring specific number of votes: “SECTION 54. Approval of Ordinances. – (a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan shall be