o9-W- Wal ise Republic of he Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLGOM bldg, EDSA corner Quezon Avenue, Quezon Cty ror gow ph OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT. | DILG Legal Opinion No. 02 s. 2016, HON. EDMUND ABESAMIS National Liga President Liga ng mga Barangay sa Pilipinas 18 O16 2» Floor Caloocan Gity Hall, A. Mabini Hall JAN 2016 Caloocan City Dear National Liga President Abesamis, ‘This refers to the 12 November 2015 letter of Punong Barangay (PB) Joseph Alvin F, | | Veneracion, present Liga President, General Santos City, requesting this Department clarification on the manner of succession in case of permanent vacancy in the Office of the President of the Liga, PB Veneracion relates that former General Santos City Liga President PB Rogelio Pacquiao irrevocably resigned as the President of the Liga after his transfer of residency to Sarangani was approved. On the basis of the Certificate of Confirmation from the Liga National Executive Board (NEB), and during a regular session of the Sanggunian | | Panlungsod, PB Veneracion intended to assume the office of the ABG President as ex: officio member of the Sanggunian pursuant to the Local Government Code (hereinafter, the “Code”). A communication on that respect, along with the Certificate of Confirmation of the NEB was sent to General Santos Vice-Mayor Shirlyn Banas Nograles to apprise the latter of PB Veneracion’s intention. Unfortunately, Vice-Mayor Banas allegedly refused to recognize | PB Veneracion as she insisted that she had to be satisfied with the requirements and protocols under the Code that requires the City Mayor, upon a period of time, to act on the irrevocable resignation of PB Pacquiao. Moreover, Vice-Mayor Banas allegedly posits that she had not been furnished or informed by the NEB as to the Certificate of Confirmation. Hence, this request. ‘The matter referred to this Department for clarification may easily be resolved by simply referring to Section 2, Article XII of the Constitution and By-Laws of the Liga ng mga Barangay sa Pilipinas, which clearly provides that the Vice-President of the local liga shall assume the office for the unexpired term of the President of the local liga in case of | |+ permanent vacancy in said office due to voluntary resignation, among others, which shall take effect only after confirmation of the National Liga Executive Board, viz: “Section 2. Vacancies and Succession. In the case of a permanent vacancy in the Office of the president due to refusal to assume office, failure to qualify, death or removal from office, voluntary resignation or incapacity to discharge functions of his/her office, OR FAILS TO COMPLY WITH HIS/HER” UNDERTAKING EXECUTED IN ACCORDANCE WITH ARTICLE VI SECTION 1.5 OF THE LIGA ELECTION CODE, the Executive Vice-President in the case of the National Liga or the Vice- President, in the case of the local Liga at all levels, shall assume the office for the unexpired term of the former. Succession shull take effect only after confirmation of the National Liga Executioe Bourd. The Vice-President who assumed the vacant position shall represent the Liga chapter in the Sanggunian concerned. Notwithstanding the foregoing, we note that matters concerning the implementation of the provisions of the LnB's Constitution and By-Laws is within the jurisdiction of the NEB as the body vested with the power and duty to promulgate rules and regulations implementing the same! and as the body vested with the powers of control and supervision over all Liga officers and members on matters concerning the following: terms and tenure of office; vacancies and succession; and removal and suspension from office’ In view of the foregoing, we respectfully refer the request of PB Veneracion to the NEB for its appropriate action. Kindly direct your communications on the matter to PB Veneracion, copy furnished this Department. Auached is a copy of PB Veneracion’s letter together with its attachments, for your reference, Thank you. Very tpuly yours, AUSTERE A. PANADERO Undersecretary twat wor PB JOSEPH ALVIN. VENERACION ga Preset Otic he Liga ego Barony ‘BC eg iy Hal Cape, Goma Sate ly "Secon (9) tele Vit 2 Seton (0), Ate Vit