Republic of the Philippines Department of the Interior and Local Government Cebu City Field Office OFFICE OF THE CITY DIRECTOR 23 February 2021 MR. PATRICK JOSEPH G. TALISAYSAY Barangay Administrator Barangay Luz, Cebu City Dear Mr. Talisaysay: Greetings! This pertains to your letter dated 15 February 2021 requesting for legal opinion on whether you may be appointed as a Barangay Kagawad in Barangay Luz, Cebu City, following the demise of the Punong Barangay, and the subsequent vacancy in the ‘sangguniang barangay. To quote DILG Legal Opinion No. 28, Series of 2005, “Subsequent vacancies in the sangguniang barangay shall be filled automatically by other sangguniang members according to their ranking. ‘Such being the case, there will be @ resultant vacancy, specifically the seventh ranking member in the sangguniang barangay after applying the rule of succession.” Thus, the basic procedure in filing up the vacancy at the sangguniang barangay level is as follows: (1.) for the sangguniang barangay to recommend a qualified person to fill up the vacancy; and (2.) for the mayor to appoint the recommendee. ' First, a recommendee is said to be qualified if he possesses the minimum ‘qualifications of an elective local official under Section 39 of R. A. No. 7160, to wit: 2 Govemor Rodollo Farias and Al Nacino v. Mayor AngeloN. Barba, G.R. No. 116763, Api 19, 1996; DILG Opinion No. 25, ‘8.2008 “Mato, Mahusay at Maaasahan” 2% Floor Cogon Ramos Market Comer D. Jakosalem & Echavez Streets, Cebu City Tel. No. 254-7837, e-mail address: dilg_cebucity@yahoo com.ph “Quality public service is boundless” Scanned with CamScannerRepublic of the Philippines Department of the Interior and Local Government Cebu City Field Office OFFICE OF THE CITY DIRECTOR Section 39. Qualifications. - {a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect. XXX (e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day. Second, the duty of the sangguniang barangay to recommend a qualified recommendee and the duty of the mayor to appoint the recommendee find basis in Section 45 (a) (3) of Republic Act No. 7160 or the Local Government Code of 1991, thus: Section 45. Permanent Vacancies in the Sanggunian. - (a) Permanent vacancies in the sanggunian where automatic succession provided above do not apply shall be filled by appointment in the following manner: (1) xxx (2) xxx (3) The city or municipal mayor, in the case of sangguniang barangay, upon recommendation of the sangguniang barangay concerned. In the instant case, based on the recommendation from the Sangguniang Barangay of Barangay Luz, Cebu City, the Mayor of Cebu City, where Barangay Luz is "Matino, Mahusay at Maaasahon’” 2™ Floor Cogon Ramos Market Comer D. Jakosalem & Echavez Streets, Cebu City ae Tel. No. 254-7837, e-mail address: dil cebucity@vahoo.com.ph ae “Quality public service is boundless” Scanned with CamScannerRepublic of the Philippines Department of the Interior and Local Government Cebu City Field Office OFFICE OF THE CITY DIRECTOR situated, shall appoint the recommendee as sangguniang barangay member to fill up the permanent vacancy in said sanggunian. Lastly, on the question of whether a barangay administrator, who had previously been elected for three (3) consecutive terms as barangay kagawad, is barred from being appointed to fil in the vacancy in the sangguniang barangay, a discussion on the three-term limit rule shall aid in its resolution. Section 43 (b) of RA No. 7160, otherwise known as the Local Government Code, which provides: "Section 43. Term of Office. — (a) x x x (b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.” The first part provides that an elective local official cannot serve for more than three consecutive terms. Clearly, what the Constitution prohibits is an immediate reelection for a fourth term following three consecutive terms. The Constitution, however, does not prohibit a subsequent reelection for a fourth term as long as the reelection is not immediately after the end of the third consecutive term, The second part states that voluntary renunciation of office for any length of time does not interrupt the continuity of service.? However, involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. In the case at bar, assuming that the barangay administrator had been elected and had served in full for three consecutive terms as barangay kagawad in the same barangay, he could no longer run for a fourth consecutive term as barangay kagawad of Barangay Luz, following the first part of Section 43 (b). After the three consecutive terms, his continuity of service as barangay kagawad was involuntarily interrupted during which time he was deemed a private citizen From the foregoing provision, it is the undersigned’s opinion, following the Pronouncements made by the Supreme Court on the three-term limit rule, that the Victorino Dennis M. Socrates v. COMELEC, G. R. No. 184512, November 12, 2002. “Matino, Mahusay at Masasahan” 2" Floor Cogon Ramos Market Corner D. Jakosalem & Echavez Streets, Cebu City Tel. No. 254-7837, e-mail address: dilg_cebucity@vahoo com.ph “Quality public service is boundless" Scanned with CamScannerRepublic of the Philippines Department of the Interior and Local Government Cebu City Field Office OFFICE OF THE CITY DIRECTOR Barangay Administrator cannot be barred from being appointed as barangay kagawad to fill in the permanent vacancy in the Sangguniang Barangay, as the factual milieu of this case does not fall within the ambit of the three-term limit rule. However, this opinion shall be without prejudice to the ruling and/or opinion of more competent authorities and courts of competent jurisdiction. The undersigned hopes to have sufficiently guided you on the matter. Thank you very much. Very truly yours, ATTY{ IAN KENNETH B. L' 10, J.D. Office-in-Charge “Mating, Mahusay at Maaasahan”” 2 Floor Cogon Ramos Market Comer D. Jakosalem & Echavez Streets, Cebu City Tel. No. 254-7837, e-mail address: dilg_cebucity@yahoo.com.oh “Quality public service is boundless” Scanned with CamScannerREPUBLIC OF THE PHILIPPINES OFFICE OF THE SANGGUNIANG BARANGAY BARANGAY LUZ, CEBU CITY February 15, 2021 a ATTY. IAN KENNETH LUCERO. OIC CITY DIRECTOR DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT, CEBU CITY Dear Atty. Lucero; Greetings! 1am writing you to seek legal opinion of the present situation here in our Barangay Luz. Our Barangay Captain Ronnie Sab-a died last February 12, 2021. Because of his untimely death there is a permanent vacaney for the position of the Office of the Barangay Captain. By ‘operation of law, the Barangay Couneilor who gained the highest number of votes inthe last Barangay Elections would fill in the permanent vacancy for the said office. As a result, there is also a permanent vacancy for the members of the Barangay council, During our consultation, the majority members of the Barangay Council proposed that the present Barangay Administrator would be the one who will be appointed for the vacant position of the Barangay Council Perhaps it might interests, you to know that Iam the Barangay Administrator to whom the majority members is referring to, and who happens to be a clected for 3 terms before appointed as Barangay Administrator of the said Barangay Council, ‘Now, I am asking your legal opinion, whether or not I am barred to be appointed to replace for the vacant position ‘Anticipating for your immediate response. ‘Thank you very much. PATRI PUG. TALISAYSAY Barangay Administrator Barangay Luz {facebook pai: hitps: we fakebook.com/Barangey Lint contact: 632.412 7475 Scanned with CamScanner