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Zamora Vs Caballero G.R. 147767 JANUARY 14, 2004

Petitioner sought to invalidate resolutions passed by the Sangguniang Panlalawigan of Compostela Valley during sessions on February 8 and 26, 2001 for lack of quorum. The court ruled the resolutions were invalid because they did not receive a vote of the majority of all Sanggunian members as required by law, rather than just a majority of those present. As the quorum and voting requirements were not met, the resolutions declaring a state of calamity and authorizing the governor to enter a construction contract were declared null and void.

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111 views1 page

Zamora Vs Caballero G.R. 147767 JANUARY 14, 2004

Petitioner sought to invalidate resolutions passed by the Sangguniang Panlalawigan of Compostela Valley during sessions on February 8 and 26, 2001 for lack of quorum. The court ruled the resolutions were invalid because they did not receive a vote of the majority of all Sanggunian members as required by law, rather than just a majority of those present. As the quorum and voting requirements were not met, the resolutions declaring a state of calamity and authorizing the governor to enter a construction contract were declared null and void.

Uploaded by

amado espejo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ZAMORA vs CABALLERO

G.R. 147767 JANUARY 14, 2004

FACTS:

Petitioner, a member of the Sangguniang Panlalawigan of Compostela Valley seeks to invalidate


all acts executed and resolutions, to declare the entire province of Compostella Valley under the
state of Calamity and to authorize the Governor to enter into the a general construction
agreement, issued by the Sanggunian during its sessions held on February 8 and 26, 2001 for
lack of quorum

ISSUE:

Whether or not the Sanggunians complied with the requirements as prescribed under the LGC,
before it may grant the Governor authority to enter into the Contract?

RULING:

The determination of the existence of a quorum depends on the total number of members of the
Sanggunian without regard to the filing of a leave of absence by Board Member Sotto.

For a resolution authorizing the governor to enter into a construction contract to be valid, the
vote of the majority of all members of the Sanggunian, and not only of those present during the
session, is required in accordance with Section 468 of the LGC in relation to Article 107 of its
Implementing Rules.

Hence, the petition is granted and declaring the entire Province of Compostela valley under a
state of calamity and granting authority to the Provincial Governor to enter into a general
construction agreement, respectively, are declared null and void.

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