20-L0- O84
Republic ofthe Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
DILG-NAPOLCOM Building, EDSA comer Quezon Avenue, Quezon City
‘wor dig. g0¥-ph
OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT.
DILG Legal Opinion No. 07 S. 2016
ATTY. JUVY A, VICTORIANO-DIOSO FEB 09 2016
City Legal Officer
Office of the City Legal Officer
City of Bacolod roy
Dear Atty. Victoriano-Dioso:
This refers to your 15 January 2015 letter requesting this Department's clarification/legal
opinion concerning the filling-up of vacant positions under a re-enacted budget, in view
of the seeming inconsistency between DILG Opinion 30, s. 2011, as reiterated in DILG
Opinion No. 3, s. 2013, viz: 4,
“Accordingly, in a re-enacted budget, there will be no creation of
positions, no filling of positions, no new programs, projects and activities, the
‘increase in Internal Revenue Allotment (IRA) allocation for the year cannot be
utilized since the same is covengd by an Appropriation Ordinance, and non-
recurring activities cannot be undertaken no matter how vital they may be.”
[Underscoring supplied]
and DILG Opinion No. 30, s. 2015, vig:
“Consequently, a re-enacted budget will have implied disadoantages,
fas enumerated in the DBMs Budget Operations Manual (BOM) for Local
Government Units (An Updated Version of the June 2005 Edition), such as,
but not limited to-the following:
1. No creation of position; Us
2. No new programs, projects and activities;
3. No utilization of the increase in IRA allocation for the year since the same
is not covered by an Appropriation Ordinance;
4. Non-implementation of non-recurring activities no matter how vital they
may be;
5. No supplemental appropriations.”
Please be advised that Section 323 of the Local Government Code (hereinafter, the
“Code) categorically provides that only the annual appropriations for salaries and wages“en
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_+ of existing positions, statutory and coniractual obligations, and essential operating
expenses authorized in the annual and supplemental budgets for the preceding year shall
be deemed re-enacted and disbursement of funds shall be in accordance therewith, vizs
“Section 323. Failure to Enact the Annual Appropriations. ~ In case
the sanggunian concerned fails to,pass the ordinance authorizing the annual
‘appropriations at the beginning of the ensuing fiscal year, it shall continue to
hold sessions, without additional remuneration for its members, until such
ordinance is approved, and no other business may be taken up during such
sessions. If the sanggunian still fils to enact suck ordinance after ninety (90)
days from the beginning of the fiscal year, the ordinance authorizing the
appropriations of the preceding "ear shall be deemed reenacted and shall
remain in force and effect until 'the ordinance authorizing the proposed
appropriations is passed by the sanggunian concerned, However, only the
annual appropriations for salaries and wages of ‘existing positions, statutor,
and contractual obligations, and essential operating expenses authorized in the
annual and supplemental budgets for the precedin; ear shall be deemed
reenacted and disbursement of funds shall be in accordance therewith,
In the iniplementation of stich reenacted ordinance, the local treasurer
concerned ‘shall exclude from the estimates of income for the preceding fiscal
year those realized from nonrecurring sources, like national aids, proceeds
From loans, sale of assets, prior year adjustments, and other analogous sources
of income. No ordinance authorizing supplemental appropriations shall be
passed in place of the annual appropriations,
In Case the revised income'estimgtes be less than the aggregate reenacted
appropriations, tlie ‘local’ treasurer’ condérned shall’ accordingly advise the
sanggunian concerned which shill, within’ ten (10) days from the receipt of
such’ advice, ‘make! the necessary adjustments or reductions. ‘The revised
‘appropriations authorized by the sanggunian concerned shall then be the basis
or disbursements,” [Emphasis and underscoring supplied
Note that no distinetion is made by law on phrasg “existing positions”. Hence, the legal
maxim “when the law does not distinguish, we must not distinguish" applies herein,
Consequently, appropriations for salaries and wages of existing positions, whether filled.
up or vacant, are deemed re-enacted following Section 323 of the Code.
lastly, may we clarify’ that’ the previous opinion’ of this Department regarding the
Prohibition on “filling of positions” in casé of re-enacted budget was based on the earlier
version of Budget Operations Manual (BOM) for Local Government Units published by
the DBM. The latest being the Budget Operations Manual (BOM) for Local Government
fees ge be fess
"me of tert ct in eat (2 Be 8010,Units’(An Updated Versién of the June 2065 Edition), as cited in this Department's latest
opinion on the matter, ie., DILG Opinion No. 30, s. 2015.
Please be guided by the foregoing,
Very truly yours,
m4 1
AUSTERE A. PANADERO: n
Undersecretary
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