DILG OPINION NO. 101 S.

1999
July 22, 1999
MAYOR ENCARNACION O. BLANCIA
Molave, Zamboanga del Sur
Re : Whether or not the Municipal Mayor could be
subjected to any administrative and/or criminal
liability in case the Municipal Government pushes
through with its desire to purchase a certain parcel
of land owned by the Mayors family which will be
developed by the National Housing Authority as a
relocation/resettlement area.
Madam :
In reply thereto, please be informed that certain prohibited acts
are enumerated under the Anti-Graft and Corrupt Practices Act (RA
3019) and the Code of Conduct and Ethical Standards for Public
Officials and Employees (RA 6713). In relation to your query, we take
particular attention to paragraphs (e), (g) and (h), Section 3 of RA
3019 and paragraph (a), Section 7 of RA 6713. An examination of
these provisions of law would reveal that in order for criminal and/or
administrative liability to attach, it must be shown by clear and
convincing evidence that the concerned public official has given any
private party any unwarranted benefits, advantage or preference
through manifest partiality and evident bad faith or that said public
official, directly or indirectly, has financial, pecuniary or material
interest in any contract or transaction in connection with which he
intervenes by reason of his official powers, functions and duties or the
contract is grossly disadvantageous to the municipal government. But
then again, the foregoing are evidentiary matters which have to be
threshed out in an appropriate judicial or administrative proceeding.

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Hence, your liability, if any, would mainly depend on the

appreciation of the attendant circumstances surrounding the purchase
of subject land, taking into consideration the foregoing discussion.
Also, consideration of good faith may be taken from the fact that the
municipal mayor can enter into a purchase agreement over a certain
parcel of land only upon prior authorization of the sangguniang bayan
(Section 444 [b] [vi], Local Government Code of 1991), unless it can be proven that the
subject purchase is tainted with irregularities and ill-motive and that
the mayor and the sanggunian members acted in conspiracy with one
another.
We hope to have guided you accordingly.
Very truly yours,

JESUS I. INGENIERO
Assistant Secretary

cc :

LS:77

DIRECTOR RODOLFO Z. RAZUL

DILG Regional Office No. IX
Zamboanga City