Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA comer Quezon Avenue, West Triangle, Quezon City http: ww alg. com,ph DILG OPINION NO. 24. §. 200 FEB 07 2020 RD ARIEL O. IGLESIA, CESO IV DILG Region VI (Westerm Visayas) MA. TERESA ZENIA B. BUTIONG MLGOO Municipality of Tobias Fornier Province of Antique Dear Sir/Madame: This has reference to your correspondences dated 30 September 2019 and 18 September 2019, from RD Ariel O. Iglesia, CESO IV, Region VI (Western Visayas) and from Ma. Teresa Zenia B. Butiong, MLGOO, Municipality of Tobias Fornier, Antique, requesting for this Department's intervention relative to the special election for Liga ng mga Barangay Municipal Chapter of Tobias Fornier, Province of Antique, respectively. In the correspondences sent to this Department, the relevant facts are as follows: 1. Punong Barangay (PB) Rafael A. Tarroja, Jr. of Barangay Abaca, Municipality of Tobias Fornier in the Province of Antique, filed an irrevocable resignation on 30 June 2018, immediately after his assumption to office; 2. On the same date, first-ranking Sangguniang Barangay member Dindo John Ugnig issued an Executive Order declaring himself as Punong Barangay by virtue of succession; 3. On 02 July 2018, the Office of the Mayor Jose Maria A. Fornier received his irrevocable resignation; 4. On 16 July 2018, Mayor Fornier disapproved said resignation; 5. In May 2019 elections, Hon. Dindo John Lignig was elected as a Sangguniang Bayan member in the Municipality of Tobias Fornier and, consequently, PB Tarroja assumed back to office as PB of Brgy. Abaca, Municipality of Tobias Fornier; and 6. There is a division/faction among fifty (50) PBs: 28 PBs side with Mayor Fornier and PB Teodorico Saroca of Poblacion Sur and 22 PBs side with former Liga ng mga Barangay (LNB) President, now Sangguniang Bayan member Lignig and the interim LNB President Jose T. MagallonThis faction resulted to non-functional LNB in the Municipality of Tobias Fornier, The question submitted is: "Who shall call for a special election in the LNB Municipal Chapter? Prior to answering the question, may we submit first our view on the incumbency of the Office of the Punong Barangay of Barangay Abaca, Municipality of Tobas Fornier, We opine that there is irregularity in the self-appointment of Hon. Lignig as Punong Barangay when the resignation of their then incumbent Punong Barangay Tarroja was not effected considering the timely disapproval of the Mayor, the proper authority to accept and/or approve said resignations. Our legal stand on the same matter is reflected in our letter to RD Anthony C. Nuyda, CESO III, dated 06 November 2018. In that letter, we opined that the resignation shall be accepted by proper authorities as specified by Section 82 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991. In the case of PB Tarroja, there was disapproval of his resignation by the Mayor. On whether he has abandoned said office or not, we also opined that for there to be abandonment of public office, there has to be overt acts showing such abandonment. Thus, if there is clear showing that PB Tarroja has abandoned his office thru series of non-performance of duties which resulted to permanent vacancy, it is the only time when the first ranking sanggunian Lignig should have succeeded to the office of the Punong Barangay. We have deferred to the Regional Office’s determination of the vacancy in the office of the said PB. With the foregoing facts, we are of the view that there is a permanent vacancy in the Office of the President of the LNB Municipal Chapter. Accordingly, Section 2 of Article XII of the 2016 LNB Constitution and By-laws provides that the vice president shall automatically assume the office for the unexpired term of the President in case of permanent vacancy. Therefore, the vice president of the LNB Municipal chapter, as in this case, shall call for the special election. We hope that we have enlightened you on the matter, Thank you. uuisy4a, ia x o