eg REPUBLIC OF THE PHILIPPINES DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT Francisco Gold Condominium I Bldg. Edsa cor. Mapagmahal St, Diliman, Quezon City, ILE Srikeiony 1009 5199-9 ‘August 20, 1999 KAGAWAD DANILO S. RIVERA, ET AL. Sangguniang Barangay Members Bay. Western Bicutan, Taguig, Metro Manila Re: 1. Is the sangguntang barangay empowered to abolish an office or position it had created? Has the sangguniang bayan the authority to review and/or declare as ruil and void a resolution of the Sangguniang barangay abolishing a position tt had created? 3. When the sangguniang bayan declared that the aforesaid barangay resolution ‘produces no legal force and effect’ and also declared that the occupant of the questioned position was a de facto officer on the ground that his office was not validly created, can the said occupant continue to discharge his duties and functions? Sir/Madam : In reply to your first captioned query, please be apprised that pursuant to the power of the sangguniang barangey to “create such other positions or offices as may be deemed necessary to carry: out the purposes of the barangay government” (Section 387 [b], Local Government Cade of 1991 [RA 7160}, the same sanggunian has likewise the power to abolish the office or position it has earlier created since the power to abolish is deemed embraced by application from the power to create Vavier ve, Court of Appeale, 232 SCRA 673), Further, settled is the rule that the power to create an office includes the power to abolish it, unless there are constitutional or statutory rules expressly or impliedly providing otherwise [De la Maza ve. Ochave, 20 SCRA 142; Facundo vs. Pabalan, 4 SCRA 375).In reply to your second query, please be informed that resolutions passed by the sangguniang barangay are beyond the extent of the review power of the sangguniang bayan, ‘This is evident from the express mandate of Section 57 of the Local Government Code which mentions only ordinances enacted by the sangguniang barangay to be forwarded to, for review of, the sangguniang bayan “to determine whether the ordinance is consistent with law and municipal ordinances” (eee also Sec. 447 [al [1] [i], RA 7160). Anent your last query, it should first be emphasized that a de facto officer ia one who has no legal title, but only a colprable right, existing office and in actual possession of the same, or one who has the reputation of being the officer he assumes to be and yet is not a good officer in point of law (43 Am. Jur. 255). It should then be noted that while the de facto principle holds valid the acts of a de facto officer before'the same is adjudged to be such, acts done after the declaration of nullity, if at all they were possible, are thus invalid, Accordingly, on the assumed premise that the Sangguniang Bayan acted within the scope of the authority conferred upon it by law, the occupant of the questioned ‘barangay position loses whatever colorable right he may have had to that position from the time he was declared to be a de facto officer. ‘We hope to have clarified the matter accordingly. a Secretary (Cony furniahed ‘THE HONORABLE MEMBERS ‘Sangguniang Bayan, Taguig, Metro Manila DIRECTOR SERAFIN M. BENALDO DILG NCR Regional Office Ermin Garcia St., Cubao, Quesen Cty