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DILG legal opinionSource checked

Determination of majority votes and quorum in the Sangguniang Bayan

DILG Region 13 Legal Opinion No. 2016-034 · 2016 · DILG regional legal opinions — verified official source

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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 presented to the provincial governor or city or municipal mayor, as the case may be. If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes. SECTION 55. Veto Power of the Local Chief Executive. – (a) The local chief executive may veto any ordinance of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in writing. (b) The local chief executive, except the punong barangay, shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing the payment of money or creating liability. In such a case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sanggunian overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted. (c) The local chief executive may veto an ordinance or resolution only once. The sanggunian may override the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the local chief executive concerned.” (Emphasis ours) We hope to have clarified the matter and satisfactorily addressed your concern. This opinion is rendered without prejudice to any contrary opinion of competent higher authorities and the courts. Very truly yours, (SGD) LILIBETH A. FAMACION, CESO III Regional Director cc: John Reyl L. Mosquito Provincial Director DILG-Surigao del Norte Roberto Reyna Jr. MLGOO San Francisco, Surigao del Norte