The determination of the existence of a quorum is very important in formal proceeding or meetings. The usual formula is “50% + 1” which applies if the membership of the assembly or body is an even number. The formula, however, is different if the membership of the assembly is an odd number.
When is there a quorum? The 1987 Philippine Constitution defines quorum in Section 16 (2) where it says “a majority of each House shall constitute a quorum to do business…” As can be gleaned from this provision of the constitution, for as long as majority of all the members of a house is present, they constitute a quorum and can transact business. In order to come up with a more exact definition, we have to determine the meaning of the word “majority”. This was defined in the case of Santiago vs. Guingona, et al. (G.R. No. 134577, 18 November 1998) “as that which is greater than half of the membership of the body”. In other words, a majority is any number of the members which is more than the mathematical half of the entire membership. Before this case, the rule in determining the majority was one half of the entire membership plus one. With this formula, a problem would arise if the entire membership is an odd number like eleven where the half is 5.5 and if 1 is added to it the majority would then be 6.5 which would be absurd since no person can be counted as .5. Sanggunians of local government units also follow this rule when it comes to the determination of a quorum but the rule under the corporation is slightly different. Section 25 of BP 68 or the Corporation Code of the Philippines states that “unless the articles of incorporation or the by-laws provide for a greater majority, a majority of the number of directors or trustees as fixed in the articles of incorporation shall constitute a quorum…”
Importance of a quorum An act of a certain body may be questioned based on the absence or presence of a quorum. The laws are very clear: no business can be transacted without a quorum. A resolution adopted by a body during a meeting where there was no quorum is considered null and void. Any concerned person can assail the validity of the resolution by showing that there was no quorum during the meeting. That is why the minutes of a meeting are very important because they show how many members were present during a pa
In the sanggunian of local government units, the question on whether the vice-mayor as presiding officer should be counted to determine the presence of a quorum has been settled in the case of La Carlota vs. Rojo (G.R. No. 181367, 24 April 2012). In this case the issue has been resolved by the Court saying that the vice-mayor or vice-governor who is also the presiding officer of the sanggunian shall be counted in order to determine the presence of a quorum. In the first place, the Local Government Code provides that the sangguniang bayan, panlungsod, and panlalawigan shall be composed of the municipal-vice mayor, city-vice mayor, and provincial vice governor respectively, and the regular members etcetera. The vice-mayor or vice governor is a member of the sanggunian and therefore must be considered in the determination of the presence of a quorum.