Repub fe Pippin DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT eee rot curt EDSA cer Gjzan Avenue, Wes Tangle, Guazon Cy a di gov DILG OPINION No. Ss. 2017 HON. ARTHUR CARLOS VOLTAIRE R. RIMANDO Vice-Mayor \laco, Compostela Valley 29 MAR 2017 ATTY. CHARLES P. SUELTO Sangguniang Bayan Member ‘Maco, Compostela Valley Gentlemen: this has reference to your letters requesting clarification and/or opinion regarding cine assumption of Hon, Edgardo Leray as President of the Liga mg mga Barangay, Maco Chapter, and accordingly, a8 ex-officio member of the sangguniang bayan of the same Municipality \We deem it proper to consolidate your letters since they are interrelated and render an opinion thoroughly discussing your concerns. Per the documents forwarded to the Central Office, hereunder are the relevant factual antecedents: = On09 December 2013, Hon, Maria Cecilia C. Neri and Hon, Edgardo L. Leray were lected as President and Vice-President, respectively, of the Liga ng mga Barangay (LnB), Maco Chapter. Hon. Neri represented the LnB before the Sangguniang Bayan of Maco and acted thereat as ex-officio member; « ‘Thereafter, Hon, Neri filed her Certificate of Candidacy as Sangguniang Bayan Member vis-a-vis the 09 May 2016 Synchronized National and Local Elections. She von and proclaimed as such, However, she still assumed as Ln President until the midday of 30 june 2016; + Invoking the rule on succession under the LnB Constitution and By-Laws, Hon Loray thereafier assumed as LnB President and as ex-officio member before the Sangguniang Bayan of Maco. However, majority of the Sangguniang Bayan members questioned his attendance during its previous sessions due to lack ofConfirmation from the National Liga Executive Board per Section 2, Article XII of the LnB Constitution and By-Laws’ = For this, Vice-Mayor Rimando sought clarification from DILG-Region XI; = Imhis letter-reply dated 14 July 2016, RD Ananias Villacorta cited Section 2, Article XI of the LnB Constitution and By-Laws and accordingly opined in this wise: Jn reply thereto, please be informed at the onset that Hon. Neri’s election to higher office and her subsequent assumption thereto would result to voluntary relinquishment of her punong barangay post and ex- officio membership in the SB of Maco. Applying Section 2, Article XII of CBL. of the Liga ng mga Barangay sa Pilipinas, Hon. Leray shall therefore assume the Liga Presidency. However, as clearly worded, Hon. Leray should first secure the confirmation from the National Liga Executive Board for succession to take effect, San said confirmation would make the assumption procedurally defective, The term “shall” is a word of command, and one which has always or which must be given a compulsory meaning, + Hon, Leray thereafter secured the Certificate of Confirmation from the Ni Liga ng mga Barangay on 19 July 2016. However, despite thereof, some me| of the sanggunian still denied his attendance in the session held last 21 Sept 2016; «The Sangguniang Bayan of Maco evan passed a Resolution dated 21 Septembe} authorizing Atty, Suelto to send a letter-query dated 22 September 2016 National Liga ng mga Barangay seeking further clarification on the stau legitimacy of Hon, Edgardo L.. Leray to represent the Sanggunian vis-a-vis the Certificate of Confirmation by the National Liga Executive Board; + Lnalletter dated 27 December 2016, Atty. Edmund R. Abesamis, President, N Liga ng mga Barangay, affirmed that Hon. Leray has met all che legal requir« and is the rightful claimant to the position by operation of law, without th for the conduct of a Liga election, thus: xxx the certificate of confirmation in favor of PB leray may have been dated July 22, 2016 but was released ona later date. We are not aware "Section 2, Article XH, Lab Constkation and By-Laws canes and Suoneion Incase ofa permanent vacancy in the ofc ofthe President due co astm affce lire to qualily, death oe Temoval from office, ORLY resignation oF ina ‘lechuge functions of hivher ole, the Executive Vice-President inthe eae of the Nations Li Vo Patent the ca ofthe lea Liga at al evel, hall assume the of forthe unexpired Tonner, Susu shall ae ffet only ater eonfrmation ofthe Naona Liga Executive Board. Preduntwhousamed the verant potion shall present dhe Ta chapter in Uh Sanggunian eonswhen PB Leray reported and begun to perform his duties and functions as ex-officio member of the sangguniang bayan but if he did so before the presentation of his credentials or certificate of confirmation to the sangguniang bayan, he could have been recognized by the sangguniang bayan subject to the presentation of the certificate of confirmation. In this case, recognition sans the certificate o=could have procedural legal effects under existing laws, as long as he has performed his functions already as ex-officio member and was recognized by the sangguniang bayan. Otherwise, the date when he presented his certificate of confirmation to the sangguniang bayan shall prevail. = Prior thereto, however, Vice-Mayor Rimando sought DILG-Region X's opinion with regard to the refusal of some sangguniang bayan members to recognize Hon. Leray as ex-olficio member thereto. In a letter dated 28 September 2016, RD Villacorta reiterated that Hon. Leray's election as Vice-president of the Liga, he is mandated to assume the vacant post of LnB President and his assumption as an ex~ officio member of the local sanggunian is by operation of law so that is not dependent on whether or not the members of the local sanggunian will accept him but out of sheer compliance to a legal mandate. + Inhis recent letter to the DILG-Central Office, Atty. Suelto argued the following: 1, While Hon, Leray may succeed as President of the LnB ng Maco, his capacity to represent the LnB before the Sangguniang Bayan ended when the term of office of the regular sangguniang bayan members ended on 30 June 2016 taking into account Section 494 of Republic Act No. 7160 or the Local Government Code of 1991 Hon, Leray has no unfinished term of the Liga President to finish and serve. He could have served as ex-officio when Hon, Neri filed her certificate of candidacy in October 2015 but he opted not to and instead allowed Hon. Neri to finish the term up to the midday of 30 June 2016. ‘Thus, according to Atty. Suelto, there should have been an election for purposes of sanggunian representation, | If at all the LnB National Executive Board resolves the issue in favor of Hon. Leray and will not, in any manner recall its confirmation, is it valid and legal j Section 44. Ex-Olicio Membership in Sunggunians ~The daly elected presidents af the liga at the municipal, city and pronincial levels, inc ng the component cities and municipalities of Metropolitan Manila, shall serve as ex-officio vember of the sangguniang hayan, sangquniang pankingiod, sangguniang paralawigan, respectively. They shal serve * ssl oly uring thei tem of office as presidents of the liga chapters, which in mo case shall be beyond the term of ‘ollice of the sanggunian eoneerned. (Emphsis Siunder the circumstances and records obtaining to have the confirmation dated 19 July 2016? On the other hand, in his letter to the Central Office, Vice-Mayor Rimando requests the DILG Seeretary to render an opinion with a clear directive to the local sanggunian to receive Hon, Leray as ex-officio member of the Sangguniang Bayan of Maco. As to the first issue raised by Atty. Suelto, please be informed that the Supreme Court in Galarosa vs, Valencia’ held and we quote: Section 494 of the Local Government Code could not have been intended to allow a gap in the representation of the barangays, through the presidents of the ABC (Association of Barangay Captains) in the sanggunian, ce the term of office of the punong barangays elected in the 28 March 1989 election and the term of office of the presidents of the ABC have not yet expired and taking into account the special role conferred upon and the broader powers and functions invested in the barangays by the Code as a basic political unit, a primary planning and implementing unit of government policies in the community, and as forum wherein the collective views of the people may be expressed and considered and where disputes may be amicably settled, it would be in harmony with sound logic to infer that the Code never intended to deprive the barangays of their representation in the sangguniang bayan during the interregnum when the /iga has yet to be formally organized with the election of its officers xox xox roe We therefore hold that GALAROSA, as president of the ABC of Sorsogon, can legally and validly hold over as a member of the sanggunia Sayan of Sorsogon, Sorsogon, until the election of the first set of officers of the liga ng mga barangay, unless he is sooner removed for cause. (Emphasis Supplied) ‘The foregoing ruling of the Supreme Court was reiterated in DILG Opinion No. 54, series of 2004 where the Department opined and we quote: GR. No. 109855, 11 November 133. he foregoing section (Section 494 of the Local Government Code of 7991) provides that the Liga ng mga Barangay Chapter Presidents shall serve as ecoificio members in their respective sanggunians during their term of office as presidents of the Liga ng mga Barangay Chapters which in no case shall be beyond the term of office of the sanggunian concerned. However, the latter qualification is stated only for the purpose of reckoning the existence of the sanggu ive body. Hence, when the terms of the new sunggunians commence at noon on June 30, 2004, it is a new term for the sanggunian as a collective body of which the Liga Chapter Presidents of thelifferent levels have the right to sit as ex-officio members therein. ‘Their right co sit as ex-officio members emanated from a statutory grant and hence, should be effected by operation of law. Hence, in the technical sense, the term of office of the Liga ng mga Barangay Chapter Presidents in the provinces, cities and municipalities as exoflicio members of the sanggunian concerned shall expire at noon of June 30, 2004, together with the old set of sanggunian members. However, on the very same date when the new set of elected sanggunian officials assume their respective offices and convene as a collegial body, the same Liga ng mga Barangay Chapter Presidents, by statutory right, still being the federation presidents are likewise entitled to sit as ex-officio members ofthe sanggunian soncerned_without_need of any further appointment, recognition nor confirmation as said assumption is by operation of law per Section 494 of the Local Government Code. {r should also be noted that the term of office of the Liga ng mga Barangay Presidents shall be from the date of their elections until their successors shall have been elected and qualified (Section 1, Article XII of the ‘Liga Constitution and By Laws). (Emphasis Supplied) Pet Republic Act No, 10923, the barangay and sangguniang kabataan elections on 51 October 2016 was postponed to the fourth Monday of October 2017, In this regard, Section 3 of the aforesaid law reads SEC. 3. Hold Over—Until their successors shall have been duly elected and qualified, all incumbent barangay o unless sooner removed or suspended for a cause ils shall remain in office, Based on the foregoing, all incumbent barangay officials and accordingly, the ‘acumbent set of officials in the LnB (since they are still che federation officials) shall ‘emain in office, until the election of the next set of barangay officials and federation olliers, respectively, vis-i-vis the October 2017 Barangay and SK Elections as mandated tinder RA 10923, unless subsequently amended by Congress Applying the foregoing to the case at hand, since Hon, Leray is still the Vice- Fresident of the LnB Maco Chapter on 30 June 2016 or upon the expiration of the tette of ce ofthe regular members ofthe sangguniang barangay, as correctly pointed out by our DILG-Region XI, he shall therefore assume the Liga Presidency subject to the subsequent PCTIONS AMG ROSTRONING THE OCTOBER 2016 BARANGAY AND SANGGUNIANG KABATAAN 4) INI REMEADING FOR THE PURPOSE REPUBLIG ACT NO. 9164, AS AMENDED BY REPUBLIG aorta PANG LY Aa AG AGE NO, 10556, PRESCRIBING ADDITIONAL RULES GOVERNING "HIE CoNobcr xg BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS AND FOR OTHER PURPOsteconfirmation by the National Liga Executive Board. Section 2, Article XII of the LnB Constitution and By-laws requires that in case of succession by the Vice-President as resident, it shall take effect only after confirmation of the National Liga Executive Board, As to the contention of Atty. Suelto that Hon, Leray could have served as ex-officio when Hon, Neri filed her certificate of candidacy in October 2015 up to the midday of 30 June 2016, please be informed that Section 10, Rule If of COMELEC Resolution No. 984°, promulgated on 18 August 2016 states that ‘(A)ay person holding an elective office or position shall not be considered resigned upon the filing of s COC whether for the same or any other elective office or position. "The case of government appointees running for public in the May 2016 elections however is different as they need not resign from their jposts because they are already deemed automatically resigned upon filing of Certificates of Candidacy, Hence, when Hon, Neri filed her certificate of candidacy in October 2015, being an elective official, she is not automatically resigned from her position as punong barangay. Ler term of office as punong barangay shal expire when the have been elected and qualified vis-a-vis the October 2017 ‘ed under RA 10923, unless subsequently amended by Congress. Otherwise stated, if only Hon, Neri was not elected to a higher office, she is still a punong barangay up to this date and accordingly, the President of the LnB Maco Chapter. Since existing laws ‘mandate that the term of office of all local elective officials (such as sangguniang bayan members, the position to which Hon, Neri was elected in the 09 May 2016 Synchronized Nacional and Local Elections), with the exception of elective barangay officials, stafts at ‘noon on 30 June 2016, Hon, Neri assumed as Sangguniang Bayan Member which shalllnow sive way to permanent vacancy to her position as Punong Barangay and as LnB President. \s correctly pointed out by our DILG-Region XI, filling-up of her vacated position reqhires the application of Section 2, Article XII of the LnB Constitution and By-Laws. \ew set of barangays officials As to the second issue rai sd by Atty. Suelto on the validity and legality undef the »stances and records obtaining to have the confirmation of Hon. Leray dated 19July 2016, the issue has already been discussed in the letter dated 27 December 2016 of Atty. Edmund R. Abesamis, National President of the LnB sa Pilipinas. As to the request of Vice-Mayor Rimando for the DILG Secretary to render an opinion with a clear directive to the local sanggun in to receive Hon. Leray as ex-officio ‘member of the Sangguniang Bayan of Maco, we deem it proper to re-state the postion taken by our DILG-Region XI on the refusal of some Sangguniang Bayan Members of Maco, Ene “RULES AND REGULATIONS GOVERNING: 1) POLITICAL CONVENTIONS; 2) SUBMISSION OF NOMINEES OF GROUPS OR ORGANIZATIONS PARTICIPATING UNDER THE PARTY-UST SYSTEM OF KEVRESEINEATION: 3) FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION OF AND ACCEPTANCE bY OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES OR COALITIONS OF POLITICAL Pal \NU 4) FILING OF ACCREDITATION FOR THE PURPOSE OF DETERMINING THE DOMINANT y PARUY, DOMINANT MINORITY PARTY, TEN (10) MAJOR NATIONAL PARTIES AND TWO () MAJOR LGCAL PARTIES INGONNECTION WITHTHE MAY 9, 2016 NATIONAL AND LOCAL ELECTIONSFanaa. Valley (to)retognive [the aesumption of Hon Lemay ox ex-officio member thereat, thus: Sullice it to state that by virtue of his being Vice-President of the “igo, Punong Barangay Leray is now mandated to assume the vacated post. As the sitting President of the Liga ng mga Barangay, Maco Chapter it is imperative for him to assume the post of an ex-officio member of the Sangguniang bayan. His assumption is therefore not dependent on whether oF not the members of the local sanggunian will accept him but out of sheer compliance to a legal mandate, We hope to have addressed your concern accordingly Y AUSTERE A. PANADERO Undersecretary DIR. ANANIAS M. VILLACORTA, ‘egional Director, DING: Region SP MeActhue Highway, Matin Davao Gity