Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City
www.dilg.gov.ph
DILG OPINION No. 32 s.2022
April 26, 2022

DIR. JONATHAN PAUL M. LEUSEN, JR.

Regional Director, DILG-Region 02
Regional Government Center, Carig Sur
Tuguegarao City, Cagayan

Dear RD Leusen, Jr.:

This has reference to your letter dated January 19, 2022 relative to the letter of Mr.
Joel P. Samaniego, Municipal Accountant of San Isidro, Isabela, seeking clarification
on the salary and benefits of removed Liga ng mga Barangay (LnB) President and an
Ex-Officio Sangguniang Bayan Member by virtue of a Provincial LnB Resolution.

At the outset, may we note that we are not furnished a copy of the letter of Mr.
Samaniego. Be that as it may, per your letter, LnB President Reynaldo G. Hope meted
a penalty of removal as municipal LnB President finding him guilty of gross neglect of
duty and culpable violation of Liga Constitution and By-Laws in Liga Administrative
Case No. 2021-001.

An appeal before the Regional LnB Board was timely filed. However, pending the
resolution of his appeal, PB Hope is actively participating in SB sessions and thus
receiving the salary and other emoluments attached to the position.

Accordingly, the issue hinges on whether the order of removal has the same effect
as that of suspension, where the latter is immediately executory.

At the outset, may we note that the issue proffered herein appears to be internal to the
LnB, as such we are of the view that the same should be addressed by the Liga
National Executive Board (NEB).

Relative thereto, attention is respectfully directed to Section 507 of the Local

Government Code of 1991 (Republic Act No. 7160), thus:

“Section 507. Constitution and By-laws of the Liga and the Leagues. –
All other matters not herein otherwise provided for affecting the internal
organization of the leagues of local government units shall be governed
by their respective constitution and by-laws which are hereby made
suppletory to the provision of this Chapter: Provided, That said
Constitution and By-laws shall always conform to the provisions of the
Constitution and existing laws.”

While you aptly observed that the existing LnB Constitution and By-Laws did not
explicitly provide that removal order shall be executory pending appeal, it is our view
that matters concerning the implementation of the provisions of the LnB’s
“Matino, Mahusay at Maasahan”
Trunkline No.: 8876-34-54