GR 33885; (March, 1931) (Digest)
G.R. No. 33885; March 3, 1931
EMILIANO ORTIZ, plaintiff-appellant, vs. JUAN POSADAS, Jr., Collector of Internal Revenue, ET AL., defendants-appellees.
FACTS
The municipal council of Tabaco, Albay, had thirteen members. At a meeting where only ten members were present, seven voted in favor of Ordinance No. 25 (concerning cockpits) and six voted against it. The ordinance was thus passed by a majority of the members present (7 out of 10), but not by a majority of all the members of the council (7 out of 13). The validity of the ordinance was challenged.
ISSUE
Whether Ordinance No. 25 is valid, considering that it was passed by a majority vote of the members present but not by a majority of all the members of the municipal council.
RULING
No. The ordinance is void. Under Section 2224 of the Administrative Code, the passage of any ordinance requires the affirmative vote of a majority of all the members of the municipal council. The provision is clear and mandatory. It is not limited only to ordinances creating indebtedness. Since Ordinance No. 25 was passed by only seven out of thirteen members, it did not secure the required majority of all members and is therefore invalid. The judgment of the lower court was reversed.
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