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
OR EFFECT OF NO QUORUM
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 enforcement of the immediately
members of preceding subsection, no business shall
the sanggunian who have be transacted. The presiding officer,
been elected and qualified upon proper motion duly approved by
shall constitute a quorum the members present, shall then declare
to transact official business the session adjourned for lack of
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quorum.
 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;
QUORUM = SEVEN (7)
4. The president of the Pambayang Pederasyon ng mga
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

6 No. 19, s. 2006)
 “
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
LESS:
of the liga ng
mga barangay; -Member who became the
4. The president of the PambayangActing Pederasyon
Mayor ng mga
Sangguniang Kabataan; --Member who became the
Acting Vice-Mayor
5. Sectoral representatives as members
--Deceased thereof;
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;
QUORUM = FIVE (5)
4. The president of the Pambayang Pederasyon ng mga
Sangguniang Kabataan;
5. IPMR;

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