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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CHECK ORIGINAL WORDING · DIGITAL P. 3 / 3
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
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