REPUBLIC OF THE PHILIPPINES DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT . Francisco Gold Condominium IfBIdg. Edsa cor. Mapagmahal St., Diliman, Quezon City YILG OPINION HOLA? 5, 199 7 27 October 1999 MAYOR FLORANTE M. WERANGA Atimonan, Quezon Re: (1) Whether the act of the Sangguniang Bayan in abolishing, through an ordinance, the currently existing office of the Municipal Administrator is valid; and 2) If not, can the mayor legally ignore said ordinance and ‘appoint a qualified person to said office taking into consideration that said sanggunian ordinance was already affirmed by the sangguniang parlalawigan upon review? Dear Sir: In reply to your first query, please be informed that this Department is devoid of any authority to review or pass upon the legality of a sangguniang bayan ordinance as this belongs to the proper sangguniang pantalawigan (Sec. 56, RA 7160). However, in view of the request, we are hereby rendering our opinion on the matter. Hence, we are of the view that the sangguniang bayan acted beyond the scope of its authority because the office of the municipal administrator is created by no less than the Local Government Code itself (Sec. 480), which law cannot be amended by a mere sanggunian ordinance. Regarding the second query, please be informed that since the subject ordinance has already been passed In accordance with the procedural requirements set by the Local Goverment Code, it now enjoys the presumption of validity and any question as to its substantive validity is threshable only by the courts upon proper judicial action. In view of this, no appointment should first be made to sald position until a ruling from the court invalidating sald ordinance has been obtained. Hope we have enlightened you on the matter. I, INGENIERO istant Secretary Lsigjta cc: Ditecor Jose, Colar ILG Provincial Fieki omce Provincial Capitol, Lucena Cty