Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ‘A. Francisco Gold Condominium 1! Bldg, EDSA ‘comer Mapagmahal St, Diliman, Quezon City OFFICE OF THE SECRETARY DILG OPINION, BO._32 5.2910 TOM Batch S010 MR. RUFINO D. LUMBRES President Liga ng mga Barangay-Roxas Chapter Roxas, Oriental Mindoro Dear Mr. Lumbres: This has reference to your earlier letter requesting the DILG Region IV-B (MIMAROPA) through the DILG-Provincial Office to purchase service firearms for the member Punong Barangays of the Liga ng mga Barangay-Roxas Chapter and that the funds to be used for said purpose shall to be taken from their respective local funds. Per your letter, you represented that the Barangays concerned had already allocated funds for said purpose and that the same were included in their respective 2009 Supplemental Budgets. In this regard, please be informed that this Department is bereft of any authority to grant your request. This Department exercises only general supervision over all local government units (LGUs). Such power of general supervision does not entail the purchase of service firearms for local officials like you. In fact, we are of the view that the concerned LGUs, pursuant to the principle of local autonomy enjoyed by them, may, by themselves, purchase the subject service firearms. As to the propriety of the allocation of funds for the purchase of the service firearms by the concemed Barangays in their respective 2009 Supplemental Budgets, please be informed that LGUs, including Barangays, enjoy fiscal autonomy which includes the power to allocate funds for such Purpose which is necessary, appropriate or incidental for its efficient and effective governance and essential to the promotion of the general welfare. ‘The crucial issue that needs to be resolved in the case at hand is whether the funds allocated by the concerned Barangays for the purchase of service firearms can still be used at this point in time considering that such funds were included in the 2009 Supplemental Budgets of the Barangays concerned, that is, the Supplemental Budget for the previous year and that the Barangays concerned are now operating under a new fiscal year. We qualify our answer. You can still use such funds even at this point in time when the Barangays are already operating under a new fiscal year if after your 2009 Supplemental Budget has been approved, the LGUs concerned has immediately conducted a ‘competitive bidding for the purpose of purchasing service firearms in accordancewith RA 9184 or the Government Procurement Reform Act which mandates the conduct of competitive bidding for all procurement of the national government, its departments, bureaus, offices and agencies, including state universities and colleges, government-owned and/or controlled corporations, government financial institutions and local government units, subject however to the exceptions as provided under Article XVI of the said law or the Alternative ‘Methods of Procurement. On the other hand, your fallure to conduct the required competitive bidding mentioned in the immediately preceding paragraph means that you could no longer use such funds. Let it be noted that under Section 322 of the Local Government Code of 1991 (RA 7160), “(U)mexpended balances of appropriations authorized in the annual appropriations ordinance shall revert to the unappropriated surplus of the general fund at the end of the fiscal year and shall not thereafter be available for expenditure except by subsequent enactment. xxx” Such being the case, the Barangays concerned, through their respective sanggunians, should enact anew their ‘Appropriation/Supplemental Ordinance for this year, and allocate therein funds for the purchase of the subject service firearms. On a final note, although the Punong Barangay is entitled to possess and carry firearms within his territorial jurisdiction in the performance of his peace and order functions, it is subject, however, to certain rules and regulations. This is the clear import of Section 389 (b) of the Local Government Code of 1991, which state “SECTION 389. chief Executive: Powers, Duties, and Functions. 200 (b) In the performance of his peace and order functions, the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations.” the phrase “appropriate rules and regulations” would necessarily include the existing rules and regulations issued by the Philippine National Police on the matter through its Firearms and Explosives Divisions. We hope this settles your concern. Very truly yours, By Authority of the Secretary: u Z ATTY. J boqu Director IIt; Legal Serv ony rie \ Regional Director Rolando 8. Calazaron, CESO IIL DILG-Region1V-B (MIMAROPA) ‘3 Fr. Santos and Sons B69. {973 Aurora Blvd, Cubao Quezon Cty Lng,