yews Republica the Phipgnes DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT TILG-NAPOLCON Centr, EDSA comer Quezon Avenue Wes Trane, Quezon Cay ip fw 5 gong PHLG OPINION No. 88g ani? DIR. MILLICENT B. CARINO 25 JUL 2010 Provincial Director DILG Provincial Office-ABRA Esmer Building, Partelo St., Zone 4 Bangued, Abra Dear Director Carifio: ‘This has reference to your letter dated 16 May 2018 addressed to Dir. Marlo L. Iringin, which was endorsed to and received by this level on 29 May 2018 requesting for legal opinion on different facts and issues in your province, which we quote in toto, to wit: FAGTS NO. 1: Prior to the 2018 BSKE, no person filed a Certificate of Candidacy (GOC) for the position of Punong Barangay in Barangay Undungan, La Paz, Abra However, some residents therein filed a COC for the positions of Sangguniang Barangay Members. Consequently, only Sangguniang Barangay Members were elected, while no Punong Barangay was elected for said Barangay. ISSUES NO. 1: Ja. Whether or not there is a vacancy for the position of Punong Barangay as defined in the Local Government Goe considering no person filed COC for said position? 22, How should the position of the Punong Barangay be filled based on the answer in issue 1a? Based on your above representation, there was no person who filed a COC for the office of the Punong Barangay (PB), therefore you are asking if there is a vacancy therein due to lack of candidate in the position of PBIf you check Section 44 of the Local Government Code (LGC), nowhere in the said Section mentioned that the lack of candidate in an elective position is a ground for permanent vacancy in an office. However, we should not forget what will be the effect if no person filed a COC for the said position, it can be akin to a situation wherein there is only one candidate who filed a COC but the same fails to qualify or was disqualified, therefore it will tantamount toa vacaney. Nonetheless, it should be remembered that a well-settled rule in Statutory Construction provides that in case of doubt, the intent of the law is to promote right and justice. Fiat justicia ruat coelom. Therefore, the rational interpretation of the law which this Department will pursue is that which will promote right and justice. Strict interpretation of Section 44 of the LGC will result to injustice and unfairness given the peculiarity of situations in every LGU. Moreover, envisaging the herein situation comes noon of June 30, there will be no person who will sit in the office of the PB, therefore, the same can be considered permanently ‘vacant and the rule of succession under Section 44 (b) of the LGC will be automatically applicable. In addition, Section 391(a)(24) provides that one of the duties of the Sangguniang Barangay (SB) Member is to “exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.” In the herein case, the law mandates the first ranking SB Member to succeed in case there is vacancy in the position of the PB. ‘As regard Item 2a, since automatic succession is applicable in this case, the resulting vacancy will be in the position of the 7 SB Member and the same should be filled-up according to Section 45 of the LGC. Relative to Facts and Issue No. 2, this level will forward your query on this matter to the National Barangay Operations Office (NBOO) for the appropriate procedure in filling up said vacancies and also for their guidance and instruction. On Facts and Issue No. 3, your representations were as follows: FACTS NO. 3: No person filed a COG for the position of SK Chairman for one barangay of Abra. However, some residents filed COG for the positions of SK Kagawads. Consequently, only SK Kagawads were elected, while no person was elected for SK Chairman position.ISSUE No. 3: Ic. How should the vacancy for the position of SK Chairman be filled in consideration to the details of FACTS NO. 3. ‘To answer your query, may we invite you to Section 19 of Republic Act No. 10742 otherwise known as the SK Reform Act of 2015, viz: SEC. 19. Succession and Filling up of Vacancie Sangguniang Kabataan chairperson refuses to assume office, fails to qualify, voluntarily resigns, dies, is permanently incapacitated, is removed from office, the Sangguniang Kabataan member who obtained the highest number of votes in the election immediately preceding shall assume the office of the chairperson for the unexpired portion of his or her term. In case said member refiuses to assume the position or fails to qualify, the Sangguniang Kabataan member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of the term, (a) In case a Since this provision above-cited is similar to Section 44 of the LGC on permanent vacancies, this level will refer you to our explanation in Issue No. 1 on why the Office of the SK Chairperson is considered vacant. Therefore, it is just proper that since the office of the SK Chairperson is vacant, the Sangguniang Kabataan Member who obtained the highest number of votes shall succeed as SK Chairperson. The resulting vacancy in the position of the SK Member shall be then filled-up in this, manner: ( After ancy shall have been filled, the Sanggunian, Kabataan chairperson shall, within thirty (30) days, call for a special Katipunan ng Kabataan assembly to elect a Sangguniang Kabataan member to complete the membership of said sanggunian: Provided, That, such special assembly is coordinated with the Office of the Local Government Operations Officer and the COMELEC of the municipality or city where the concerned barangay belongs. Such Sangguniang Kabataan member shall hold office for the unexpired portion of the term of the vacant seat. For this purpose, any citizen of the Philippines residing in the said barangay for at least six (6) months who attains the age of fifteen (15) years old at the time of the special election and who registers as member of theKatipunan ng Kabataan before the Sangguniang Kabataan secretary shall be entitled to vote in the said special election. Copy furnishes: Dix. Marlo L lingan Regional Director, DILG~CAR [Brgy Center, Upper Sesion Read cor North Drive Baguio City 2600 a e hope we have enlightened you on the matter. BY AUTHORITY OF THE SECRI Very truly yours, MARTIN B. DINO _ Undersecretary -