LEGAL OPINION

FOR THE WEEK

 QUORUM
That number of members of a body which, when legally
assembled in their proper places, will enable the body to
transact its proper business or that number which makes a
lawful body and gives it power to pass upon a law or
ordinance or do any valid act.
(Zamora vs. Governor Caballer, 2004)

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 50% PLUS ONE QUORUM
EFFECT OF NO QUORUM
OR
WHAT CONSTITUTES? (Section 53c, RA 7610)
GREATER
(Section 53a,THAN HALF OF
RA 7610)
THE ENTIRE MEMBERSHIP
If there is still no quorum despite the
A majority of all the members of enforcement of the immediately preceding
the sanggunian who have been subsection, no business shall be transacted. The
elected and qualified shall presiding officer, upon proper motion duly
constitute a quorum to transact approved by the members present, shall then
official business declare the session adjourned for lack of quorum.

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 LEGAL ISSUE:
Quorum required in the Sangguniang Bayan if:

1. Mayor and Vice-Mayor were preventively

suspended; and
2. One (1) Sanggunian member died

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 “
COMPOSITION OF SANGGUNIANG BAYAN:
(S. 446, RA 7160)

1. A municipal vice-mayor as the presiding officer;

TOTAL MEMBERS: 13
2. Eight (8) regular sanggunian members;
13 / 2 = 6.5
3. The president of the municipal chapter of the liga ng mga
barangay;
4. QUORUM
The president of = SEVEN
the Pambayang (7) ng mga
Pederasyon
Sangguniang Kabataan;
5. Sectoral representatives as members thereof;

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 “
AVELINO VS. CUENCA
(83 PHIL 17)

The Supreme Court excluded a member of the Senate in the

determinataion of quorum in the sessions of the Senate since
the excluded Senator was in the United States and, therefore,
outside the coercive jurisdiction of the Senate. The situation
thus effectively reduced the quorum of the Senate for the
time being.

(cited in DILG Legal Opinion No. 19, s. 2006)

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 “
COMPOSITION OF SANGGUNIANG BAYAN:
(S. 446, RA 7160)

1. A municipal vice-mayor as the presiding officer;

2. Eight (8) regular sanggunian members;
3. The president of the municipal chapter of the liga ng mga
LESS:
barangay; - Member who became the
4. The president of the Pambayang Pederasyon
ActingngMayor
mga
Sangguniang Kabataan; - -Member who became the
Acting Vice-Mayor
5. Sectoral representatives as members thereof;
- -Deceased SB Member
- = FIVE (5)
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 QUORUM?
1. Acting Vice-Mayor;
TOTAL MEMBERS: 9
2. Five (5) regular sanggunian members;
9 / 2 = 4.5
3. The president of the municipal chapter of the liga ng mga
barangay;
4. QUORUM
The president of = FIVE
the Pambayang (5) ng mga Sangguniang
Pederasyon
Kabataan;
5. IPMR;

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