DILG Opinion No.

56 S, 2008
July 22, 2008
VICE-MAYOR ROWEL R. MUHI
Office of the Sangguniang Bayan
San n!"e#, $ue%on
Dea" &ice'(ayo" (uhi)
*hi# pe"tain# to you" lette" #ee+ing ou" legal opinion "ega"!ing the (e,o"an!u,
!ate! ,a"ch 2-, 2008 i##ue! .y (unicipal (ayo" Sonia !e Leon /,p"e#e a!0i#ing all
Sangguniang Bayan (e,.e"# to #ecu"e t"a0el autho"ity f"o, he" office .efo"e lea0ing
the #tation an! pe"fo", official t"ip out#i!e the ,unicipality in o"!e" to o.#e"0e p"ope"
!elegation of function 1ithin e0e"y agency2!epa"t,ent 1ithin he" 3u"i#!iction.
In "eply to you" 4ue"y, ,ay 1e 4uote po"tion of DILG Opinion No. 20, #e"ie# 2008
1hich 1a# ou" "eply to a #i,ila" 4ue"y conce"ning the autho"ity of the (unicipal ,ayo"
"ega"!ing the #igning of t"a0el o"!e" of the Sangguniang Bayan (e,.e"#, offic0ial# an!
thei" e,ployee# a# follo1#)
“If the Vice-Mayor’s travel and/or that of the Members of the
Sangguniang Bayan is chargeable to the general fund of the
municipality, the approval of the Mayor is discretionary because under
Section !b"!#"!$v" of the %ocal &overnment 'ode of #((#, the
Municipal Mayor, being the chief e$ecutive )ho e$ercise general
supervision and control over all programs, pro*ects, services and
activities of the municipal government, is given the sole prerogative to
authori+e official trips outside of the municipality of municipal officials
and employees, -his is part and parcel of the e$ecutive function of the
municipal mayor,
.n the other hand, if such travel is chargeable to the
sanggunian funds, the recommendation of the Vice Mayor is
necessary and the approval of the Mayor becomes a ministerial
function because under Section / !a" !#" of the same 'ode, the
Vice-Mayor is given the authority to sign all e$penditures appropriated
for the operation of the sangguniang bayan, -he Sanggunian, through
the Vice-Mayor, is actually acting as a legislative body of the local
government unit !%&0" and operating on a separate budget though
forming part of the entire budget of the municipality, 1s such, it
becomes a duty on the part of the mayor to authori+e, including the
issuance of corresponding travel order thereto to members of the
sangguniang bayan and its employees )henever the vice-mayor had
already issued his/her prior recommendation and had already signed
the )arrant dra)n on the municipal treasury for all e$penditures
necessary for such official travel2 !3I%& .pinion 4o, 56, 5667 copy of
)hich is hereto attached for easy reference2"
In 0ie1 of the fo"egoing, it i# ou" con#i!e"e! 0ie1 that the
(e,o"an!u, i##ue! .y (ayo" Sonia !e Leon /,p"e#e i# in acco"!ance 1ith
the la1.
5ope 1e ha0e enlightene! you on the ,atte".
&e"y t"uly you"#,
AUSTERE A. PANADERO
6n!e"#ec"eta"y