Toledo City Council approves budget even without quorum?

CEBU, Philippines - The Toledo City Council has passed the 2014 annual budget amounting to P619 million reportedly with only three councilors present and the vice mayor, all allies of Mayor John Henry “Sonny” Osmeña.

Osmeña has called for a series of special sessions to pass the budget before the 90-day period lapsed otherwise the city would operate under a re-enacted budget for the whole year effective April 1.

Councilor Helen Jill Espinosa, chairperson of the City Council committee on budget and appropriations, said that they failed to act on the budget for lack of quorum.

Espinosa said that they were surprised when Vice Mayor Antonio Yapha Jr. declared a quorum on Thursday’s session when only five members were present.

She said that the same number of members were present in the previous sessions when Yapha declared no quorum.

Councilor Ricardo Pepito raised a point of order when Yapha declared a quorum and a two-minute recess ensued.

Espinosa said that while she and Pepito were still conferring with their lawyer on the legality of Yapha’s ruling, the session resumed with only Councilors Leo Dolino, Zosimo Abellanosa and Merly Abad were in attendance.

She said that they were just informed later that the budget was already passed.

Espinosa said she and Pepito have yet to return when the session resumed since the two-minute recess was not yet over.

She said that record of the secretariat shows the recess was declared at 2:58 p.m. and the session resumed at 2:59 p.m.

Yapha invoked Section 53 of the Local Government Code of 1991 which provides that a majority of all the members of the council who have been elected and qualified shall constitute a quorum to transact official business.

At present, the City Council has 11 members composed of the vice mayor, nine councilors, a president of the Association of Barangay Councils while one post remains unfilled since the death of councilor Ricardo Rafols Jr.

A quorum is half of the total number of members plus one.

Given the number, Yapha claimed that a quorum was already reached upon the start of the special session with six members present including him as presiding officer.

Espinosa said she will file her manifestation on Monday’s session with other members of the majority bloc. —/ATO (FREEMAN)