REPUBLIC OF THE PHILIPPINES DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT Francisco Gold Condominium I Bldg. Edsa cor. Mapagmahal St, Diliman, Quezon Gi ¢ OPINION KO 2 Ls 199 a- 25 February 1999 MR. CELSO P. GALVEZ Barangay Chairman Sta, Cruz, Quezon City Re: (1) ‘Whether or not the punong barangay has the power to assign each day, a member of the sangguniang barangay as “officer of the day” to exercise the powers and perform the duties of the punong barangay. If in the affirmative, under what circumstances? @) | Whether or not a sangguniang barangay member could act as lupon chairman. If in the affirmative, under what circumstances? Q) | Whether or not a sangguniang barangay member who arrogated upon himself the power to act as chairman of the lupon is liable erimireally or otherwise. Dear Sir: In reply to the first query, please be advised that the punong barangay, pursuant to his duties to enforce all laws and ordinances applicable within the barangay and to promote the general welfare of its inhabitants, may assign a sangguniang barangay member as “officer of the day”. This is even bolstered by the fact that sangguniang barangay members are expressly mandated to perform such other duties and functions as the punong barangay may delegate (Sec. 392, Local Government Code). However, the pungng barangay cannot delegate all the powers, duties and functions of his office because it would amount to a total abdication of all the powers and prerogatives of the punong barangay. More specifically, functions that require the exercise of discretion cannot be validly delegated (Torres v. Ribo, 81 Phil. 44), Hence, only those involving purely’ ministerial or administrative functions as well as the maintenance of public order and safety may be delegated. As regards the second query, please be advised that a sangguniang barangay member can act as lupon chairman under the following circumstances: first is when the office of the punong barangay becomes permanently oroe temporarily vacant. Under the rules on succession, the highest ranking sangguniang barangay| member becomes the punong barangay, whether temporarily or permanently, in which case, the sangguniang barangay member who succeeds as punong barangay becomes, by operation of law, the lupon chairman (Secs. 44-46, Local Government Code) and second, when the incumbent local chief executive, by virtue of Sec. 46 [c] of the Local Government Code, designates in writing as officer-in-charge a sangguniang barangay member, if said local chief executive is travelling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, in which case, the designated officer-in-charge shall substitute for the punong barangay and hence temporarily becomes the lupon chairman (Katarungang Pambarangay Digest of Supreme Court Decisions, Department of Justice Opinions and Annotations: Atty. Teresita L. de Castro, p. 24, 1993, Goldbook Publishing). With regard to the third query, please be advised that the act of a sangguniang barangay member in arrogating upon himself the power to act as lupon chairman, without any valid appointment from the punong barangay, would constitute usurpation of official functions under Article 177 of the Revised Penal Code. Hope we have shed light on the matter. I. INGENIERO sistant Secretary © tsagfla cc: The Regional Director DILG-NCR Cubao, Quezon City, ‘The City Director DILG City Fiek Cty Hall, &