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Legal Opinions

 

SANGGUNIAN (ALL LEVELS)
OPINION NO.
ISSUES
 DOWNLOAD 
a) Permanent Vacancy
1999-12

PERMANENT VACANCY IN THE SANGGUNIAN
RE: NOMINATION OF “HIGHEST OFFICIAL OF THE POLITICAL PARTY”

Whether or not the appointment of Mr. Alumit vice the late Lorente S. Abag is valid considering that he was nominated by the Deputy Secretary General of LAMP and not by the “highest official of the political party" as contemplated by law, citing Art. 83 (c)(2)(ii), IRR of the Local Government Code (RA 7160)?

2000-23

 

MANNER OF FILLING-UP PERMANENT VACANCY IN THE SANGGUNIANG BAYAN

1) What is the manner in filling-up a vacancy in the Sangguniang Bayan (SB) of Bakun, Benguet as a consequence of the elevation by reason of succession of the highest ranking SB Member to the Office of the Vice Mayor?

2) Under what political party Hon. Tirso S. Bayawa, the highest ranking SB Member, was elected as basis for determining the political party that would nominate his replacement in the Sangguniang Bayan for the unexpired term?

2000-24

MANNER OF FILLING-UP PERMANENT VACANCY IN THE SANGGUNIANG BAYAN

Whether or not Mr. Enrique Moresto can be appointed as member of the Sangguniang Bayan (SB) of Tublay, Benguet to replace former Sangguniang Bayan Member Manuel Carias after the latter was appointed as Municipal Agricultural Officer (MAO).

2001-01

 PERMANENT VACANCY IN THE SANGGUNIANG BAYAN/APPOINTING AUTHORITY

1) Who is the proper authority to act on the appointment of a Sangguniang Bayan Member?

2) What are the mandatory requirements for the appointment of a Sanggunian Member
in a permanent vacancy?

2001-27

MANNER OF FILLING-UP PERMANENT VACANCIES IN THE SANGGUNIANG BARANGAY

What is the role of the Sangguniang Barangay (SB) and the Municipal Mayor in the appointment of an SB Member to fill a permanent vacancy in the SB.

2005-101 Clarification on the method of ranking the members of the Sangguniang Panlalawigan (SP) for purposes of succession where the Vice Governor becomes acting Provincial Governor
2006-123

Letter-query relative to permanent vacancies in the Sangguniang Bayan:

1) In case of vacancy caused by an elective official who resigned from office in the Sanggunian, can the LGU choose not to fill-up the said position in order to generate savings?

2) Can the LGU be held liable for not filling-up said position?”

2006-140 Letter-query in relation to the permanent vacancy in the Sangguniang Panlalawigan caused by Provincial Vice Governor's elevation to the Office of the Vice Governor
b) Appointments, Designations
1999-17

APPOINTMENT OF SECRETARY TO THE SANGGUNIAN: CONCURRENCE OF THE MEMBERS THEREOF

Whether or not the appointment of the City Government Department Head II (City Secretary II) requires concurrence of the members of the Sanggunian?

1999-18

APPOINTMENT OF SECRETARY TO THE SANGGUNIAN

1) Whether or not the CSC rulings cited by the undersigned (Hon. Fariñas) in his letter-reply to Mrs. Rivera, et al. dated 18 November 1999 are still subsisting?

2) Whether or not DILG Opinion No. 8 dated 22 February 1995 has any effect on the appointment of Atty. Perez in the light of the CSC rulings cited?

3) Whether or not there are other requirements imposed by the DILG, in addition to those already provided for by the CSC, regarding the appointment of LGU officials and employees, particularly those in the Sangguniang Panlungsod?

4) What would be the effect of the Resolution approved by majority of the members of the City Council requesting the appointee to file his leave of absence despite his approved appointment duly attested by the Office of the City HRMO who is duly accredited by the CSC?

1999-21

DESIGNATION OF TEMPORARY/ACTING SECRETARY TO THE SANGGUNIAN

Whether or not it is legal to move that the incumbent Secretary to the Sanggunian vacate his seat during a regular session and, at the same time, move that the Vice Mayor shall designate a temporary/acting secretary during such session in order that the sanggunian can transact its ordinary business like confirmation of contracts and approval of supplemental barangay budgets?

2000-05

RESIGNATION; REAPPOINTMENT OF ELECTIVE LOCAL OFFICIALS

Whether or not former Sangguniang Panlalawigan (SP) Member Hon. Ernesto P. Pacuño, Sr. who resigned from office can be reappointed back to the same office?

2001-01

PERMANENT VACANCY IN THE SANGGUNIANG BAYAN/APPOINTING AUTHORITY

1) Who is the proper authority to act on the appointment of a Sangguniang Bayan Member?
2) What are the mandatory requirements for the appointment of a Sanggunian Member in a permanent vacancy?

c) Sessions/Meetings
2000-02

IRP; AMENDMENTS THEREOF; MEETINGS/SESSIONS

1) Whether or not there was a valid amendment of the Internal Rules of Procedure (IRP) of the Sangguniang Bayan of Paracelis on its regular session based on a duly approved motion to reset the holding of such session from Tuesday to Monday despite the absence of a duly signed resolution approving said amendment; and

2) Whether or not the Sangguniang Bayan (SB) can hold a regular meeting/session despite the “absence” of the Vice Mayor.

2003-37

1) Whether or not the Sangguniang Panlungsod may validly hold sessions outside of its territorial jurisdiction; and

2) Whether or not an assembly of all members of the Sangguniang Panlungsod may be converted into a Special Session on motion presented during the same gathering.

2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?
2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?
3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2005-116

Legal opinion on the following issues relative to the constitution of the Committee of the Whole as well as other matters on local legislation:

1) Whether or not the Vice Mayor can legally preside over Sanggunian Bayan sessions where the body constituted itself as a Committee of the Whole to expedite the deliberation/resolution of a particular item/matter.

2) What does it mean by Committee of the Whole?

3. Under what instances may the Sangguniang Bayan constitute itself as a Committee of the Whole?

4) When an item in the calendar of business is jointly referred to two or more SB Standing Committees for committee study, who should preside over that joint Committee Meeting?

5) Whether or not the Sangguniang Bayan of Hungduan may legally pass a resolution exempting the ABC President, who comes from a far flung Barangay of Hungduan, from the application of Paragraph C, Section 1, Rule Xvi of the Sangguniang Bayan Internal Rules of Procedure.

2007-174

Enlightenment on the following issues:

1) What is the effective extent of a resolution or legislative action where the presiding officer did not sign the same against the unanimous approval of the sangguniang bayan members?

2) Whether authority for official travels of officials and employees of the Sangguniang Bayan whose manner of appointment are within the powers of the vice mayor as specifically provided by law should still come from the mayor?

3) What office has general supervision over the PLEB fund, should it be the Sangguniang Bayan or the Mayor?

2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao:

-Is she entitled to her salary if she is absent for three consecutive sessions?

-Can the SKF President claim her RATA even if she is on leave of absence?

-If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

-Can the SKF Vice President represent her in sessions?

2011-236 Opinion on the issue as to whether or not the Resolution passed by the Sangguniang Bayan (SB) of Bucay, Abra which was signed or approved by five (5) SB members only is a valid authorization for the Mayor or local chief executive to enter into a contract of loan with the Land Bank of the Philippines (LBP)
d) Powers and Functions
1999-10

PREVENTIVE SUSPENSION OF A BARANGAY OFFICIAL:
RECOMMENDATION BY THE SANGGUNIANG BAYAN

Whether or not the Sangguniang Bayan can recommend to the Mayor the preventive suspension of a barangay official in its capacity as a quasi-judicial body?

2000-22

POWER OF THE SANGGUNIAN TO FIX COMPENSATION:

Whether or not the Sangguniang Bayan can increase the salary of the Municipal Mayor, Vice Mayor and SB Members?

2001-25

POWER OF THE SANGGUNIAN TO ISSUE ADDITIONAL IMPLEMENTING GUIDELINES OF LAWS:

Whether or not the Sangguniang Panlalawigan of Benguet has the power or authority to issue additional or supplementary implementing guidelines of RA 8185

2001-28

POWER TO CREATE AND ABOLISH POSITIONS:

Whether or not the SP can just abolish positions, already created and funded upon the request of the Provincial Governor, without any request for abolition from the latter and considering the fact that such abolition was made within a span of just more than a month from their creation

2002-01

DISCIPLINARY ACTIONS AGAINST LOCAL ELECTIVE OFFIALS/PREVENTIVE SUSPENSION:

1) Whether or not the case filed with the Sangguniang Bayan of Alfonso Lista, Ifugao should be dismissed on such grounds as invoked by the respondent barangay officials?

2) Whether or not the preventive suspension for 60 days of the respondents is valid?

2002-09 Whether or not the Sangguniang Panlalawigan is empowered to approve the listing of the 20% Provincial Development Fund which has already been consolidated and approved by the Provincial Development Council.
2002-11

Contract of Lease involving the Government Center owned by the Provincial Government of Mountain Province which was entered into by and between the Provincial Government of Mountain Province, duly represented by then Governor Leonard G. Mayaen, and nine (9) private individuals as lessor and lessees:

1) “Whether or not the ratification made by the Sangguniang Panlalawigan through Provincial Resolution No. 121 is in accordance with law; and

2) Whether or not the Sangguniang Panlalawigan has the power and authority to amend the provisions of the contract of lease executed on March 1, 2001.”

2002-18 Opinion on the issue as to whether or not the Sangguniang Barangay of Tuding, Itogon, Benguet could enter into a quarry business
2002-19 Whether or not the Sangguniang Panlalawigan (SP) of Mountain Province has the authority to pass SP Resolution No. 66 authorizing the suspension of the granting of loans to certain individual and group borrowers under the Provincial Livelihood Program
2002-20 Opinion on the issue of whether or not the Sangguniang Panlalawigan (SP) of Mountain Province has the authority to pass SP Resolution No. 66 authorizing the suspension of the granting of loans to certain individual and group borrowers under the Provincial Livelihood Program
2002-24

Opinion regarding Resolution No. 247-A, series of 2002 entitled: Authorizing the Municipal Mayor of Tuba to enter into a Memorandum of Agreement (MOA) with the Municipality of Itogon for a 50-50 share on the national wealth derived from Philex Mining Corporation, Tuba, Benguet passed by the Sangguniang Bayan (SB) of Tuba,Benguet:

Whether or not the MOA has legal basis and if thesame conforms to the provisions of the Local Government Code of 1991

2003-36 Is the special joint session of the Executive and Legislative Department for the deliberation of the 2003 Annual Budget held at Davidson Hotel on January 9, 2003 valid or legal?
2003-40

Issue on the construction of the supposed Multipurpose Pavement at Bauko, Mt. Province:

Is it proper for the Sanggunian Members to enter into an amicable settlement favoring the release in the payment of the project despite the fact that there was no project done?

2003-45 Whether or not the Sangguniang Barangay of Poblacion, Kiangan can grant allowances to members of the Lupong Tagapamayapa
2003-50

-Does the 30-day period stop to run when a barangay ordinance is referred to a committee or to another office for study, comments and recommendation? Is there failure to act on the part of the City Council when the committee or office does not submit its comments and recommendation?

 

-What is the effect of transmitting the barangay ordinance of Trancoville Barangay enacted on 13 January 2003 to the City Council on 09 June 2003 considering that barangay ordinances are supposed to be transmitted within 10 days from its enactment to sangguniang panlungsod concerned?

 

2003-52 Opinion on whether or not the Sangguniang Bayan of Lamut, Ifugao should proceed with the investigation of a Punong Barangay of Poblacion East, that municipality, considering the fact that his conduct unbecoming of a public official occurred outside his barangay or outside the Municipality of Lamut
 2003-53 Opinion on at least five (5) issues that can be rephrased to only one issue as to whether or not Resolution No. 146-2003 adopted by the Sangguniang Bayan of Bakun on July 21, 2003 entitled “ADVISING THE MUNICIPAL TREASURER NOT TO RELEASE UNTIL FURTHER NOTICE THE SHARE OF THE BARANGAYS FROM THE NATIONAL WEALTH TAX FOR 2002 PENDING RESOLUTION OF THE SHARING ISSUE RAISED IN JOINT RESOLUTION NO. 01, S. 2003 OF THE BARANGAY COUNCILS OF KAYAPA, POBLACION AND SINACBAT” is valid
 2003-56

Opinion regarding a legal problem you have encountered concerning the discipline of an elective barangay official

 2003-57 Opinion whether or not the Sangguniang Bayan of Mayoyao, Ifugao is authorized to delineate its barangay boundaries considering the fact that only the sitios composing each barangay were mentioned but there is no boundary delineation
 2003-65 Legal opinion on whether or not the deliberation and subsequent approval of the proposed CY 2004 budget may include the reorganization or restructuring of certain departments of the City of Baguio
 2003-66 Legal opinion relevant to the issue in this wise: “who (between the Sanggunian and the Local Development Council) has the authority to recommend and make resolution of realignment?
 2004-87 Can the Municipal Accountant of Hungduan prevent the implementation of a Sangguniang Bayan Resolution, duly approved by the Municipal Mayor, granting financial assistance chargeable from (the) 5% calamity fund to the families of two men who met a car accident and were found dead in the river after three days?
 2005-91

Regarding the power of the Vice Mayor to approve the vouchers and payrolls of the salaries of the members and other employees of the Sangguniang Bayan (SB):

1) Based on Sec. 444 Number 1 (viii) can the SB come up with an Ordinance on when and where they will receive their salary. Can they impose sanction against the LCE if he/she neglects to sign the payroll before the time employees and officials ought to receive their salaries?

2) Can the SB authorize the Vice Mayor to sign the payroll of salary intended for the officials and employees of the SB? Anyway the PS is a compulsory expense of the LGU and that the undersigned believes that the approval of the LCE of the payroll is ministerial in nature.

3) Is there other legal basis for the Vice Mayor to sign the payroll of salary intended for the SB officials and employees instead of the Mayor?

4) Should there be a legal basis for the Vice Mayor to sign the payroll of salaries of the SB officials and employees, will the Bureau of the Treasury allow the Vice Mayor to be bonded?”

 2005-97 Enlightenment on the seemingly conflicting provisions of RA 7160 otherwise known as the Local Government Code of 1991 (hereinafter referred to as the Code for brevity) and the Katarungang Pambarangay Rules and Regulations (Rules for short) which was cited in page 53 of The Barangays of the Philippines, 1996 Edition, particularly on the amount of filing fees for cases filed with the Barangay Lupon
 2005-116

Legal opinion on the following issues relative to the constitution of the Committee of the Whole as well as other matters on local legislation:

1) Whether or not the Vice Mayor can legally preside over Sanggunian Bayan sessions where the body constituted itself as a Committee of the Whole to expedite the deliberation/resolution of a particular item/matter.

2) What does it mean by Committee of the Whole?

3) Under what instances may the Sangguniang Bayan constitute itself as a Committee of the Whole?

4) When an item in the calendar of business is jointly referred to two or more SB Standing Committees for committee study, who should preside over that joint Committee Meeting?

5) Whether or not the Sangguniang Bayan of Hungduan may legally pass a resolution exempting the ABC President, who comes from a far flung Barangay of Hungduan, from the application of Paragraph C, Section 1, Rule Xvi of the Sangguniang Bayan Internal Rules of Procedure.

 2005-119

Legal opinion concerning the veto power of the City Mayor and the power of the Sangguniang Panlungsod to override such veto:

1) Is there a need for an explanation from the chamber of legislators as to why veto override option was exercised?

2) Concomitantly, would it not be arbitrary for the City Council to override a veto without any explanation thereto?

3) Since a resolution (as compared to an ordinance) is merely an “expression” of the City Council, bearing no force of law, may it be disregarded as it is without the exercise of veto powers or set aside by the Chief Executive despite an override?

 2006-129 Letter-query asking if the Sangguniang Bayan (SB) of Sagada, Mountain Province has the authority to impose a three-month suspension against one of its members, Hon. Eduardo Guitelen
2006-132 Legality of the Agreement, dated May 15, 2006, which was entered into by and between Hon. Raymundo W. Celino and Hon. Tony A. Dupiano, Municipal Mayors of Bokod, Benguet and Kayapa, Nueva Vizcaya, respectively, who are representing their respective Municipality
2006-134

Letter-query clarifying if the Sangguniang Barangay (SB) of Butigue has the authority to terminate one of its members. The SB Member was accused of rape and detained since January 14, 2005 until his release on February 24, 2006 after he was acquitted by the Regional Trial Court, Bontoc, Mountain Province

2006-136 Comment/opinion on the validity of the action of some members of the Sangguniang Bayan (SB) of Municipality to consider as present those who were actually absent during the SB’s regular session
2006-139

Legal opinion on the vacancy in the Provincial Government of Ifugao which was caused by the recent death of Provincial Governor Benjamin Cappleman, specifically, on the following issues:

-Does the ranking of the Sanggunian to fill up permanent vacancy apply only to the Local Chief Executive for purposes of automatic succession and not to the position of the Vice Governor?

-Who among the Sangguniang Panlalawigan members caused the vacancy in order to know the party of the nominee who will fill up the vacant SP position? What procedures to undertake in the appointment of vacant SP position?

2007-158

Clarification on the validity of the proposed resolutions of the Sangguniang Panlungsod (SP) of Baguio covering the following subjects:

1) Creation of a 3-year Budget Preparation Committee

2) Expansion of the Local Finance Committee (LFC) to include three (3) members of the SP and one (1) government sector

2007-174

Enlightenment on the following issues:

1) What is the effective extent of a resolution or legislative action where the presiding officer did not sign the same against the unanimous approval of the sangguniang bayan members?

2) Whether authority for official travels of officials and employees of the Sangguniang Bayan whose manner of appointment are within the powers of the vice mayor as specifically provided by law should still come from the mayor?

3) What office has general supervision over the PLEB fund, should it be the Sangguniang Bayan or the Mayor?

2008-175 Opinion on the legality or validity of Resolution No. 2008-01 of the Sangguniang Bayan (SB) of Rizal, Kalinga recognizing Hon. Benjamin Barroga instead of Hon. Rogelio D. Lawad, as the duly elected President of the Association of Barangay Captain of the said Municipality
2008-177

Letter-query regarding the use of the share of the local government units in the proceeds derived from the utilization and development of national wealth:

1) Can a resolution serve as a legal basis for the granting of the aforementioned employee’s benefit?

2) Is there a limitation relative to the utilization of the municipality’s share from the national wealth?

3) Is the amount of thirty thousand pesos (P 30,000.00) plus two (2) months salary granted as additional incentive and educational assistance to all regular employees of the municipality government including the members of the Sangguniang Bayan reasonable and just?

4) Is the granting of additional incentive and educational assistance subject to budgeting limitations on personal services?

5) Can the members of the Sangguniang Bayan who passed Resolution No. 2007-205 avail of the benefits embodied therein even if it is self-serving?

2008-179 Opinion on the scope or applicability of Municipal Ordinance No. 2005-03 entitled: “An Ordinance Requiring Prior Authorization from the Sangguniang Bayan of Tublay, Benguet Before its Local Chief Executive Enters Into a Contract For and In Behalf of the Municipality of Tublay, Benguet and Providing Guidelines Thereof” which was enacted by the Sangguniang Bayan of Municipality
2008-181

Letter-query raising several issues in relation to an SB resolution abolishing two (2) plantilla positions under the Office of the Municipal Mayor:

Whether the act of the Sangguniang Bayan in abolishing the two plantilla positions under the Office of the Mayor is valid or not

2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao:

1) Is she entitled to her salary if she is absent for three consecutive sessions?

2) Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

3) Can the SKF President claim her RATA even if she is on leave of absence?

4) If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

5) Can the decision of the MLGOO assigned to this LGU override the rules and regulations being implemented by the office of the Municipal Accountant and Municipal Budget with regards to RATA?

6) Can the SKF Vice President represent her in sessions?

2008-190

Issues regarding the use of Municipality’s five percent (5%) calamity fund:

1) Can a Sangguniang Bayan Resolution suspend any disbursement or payment of projects under the said calamity fund?

2) Is it necessary/required that the list of projects being prepared by the MDCC has to be reviewed and approved by the Sangguniang Bayan?

3) Does the Sangguniang Bayan, exercising its oversight function, has the power to validate, classify and declare whether or not the projects being implemented can be charged against the 5% Calamity Fund?

2008-194

Opinion relating to an administrative case filed before the sangguniang bayan of Kiangan, Ifugao against a barangay captain:

1) Whether or not the barangay captain has the authority to discipline sangguniang barangay members on his own and as a consequence thereof, order the suspension of payment or withholding of their honorarium and exclusion of their names from the payroll without due notice to the members.

2) Sanctions for failure to comply with the prescriptive period prolonging the mediation proceedings up to more than three months instead of constituting the Pangkat ng Tagapagkasundo to hear the matter.

3) Sanctions for failure to constitute lupon and/or pangkat ng tagapagkasundo.

2008-196

Regarding dministrative case filed against a municipal mayor before the Sangguniang Panlalawigan:

1) After the completion of the trial on the merits of an administrative case against a local elective official (mayor), who implements the suspension ordered by the Sangguniang Panlalawigan?

2) What role does the governor have, if any, in the implementation of the decision of the Sangguniang Panlalawigan?

2009-202 Opinion regarding two resolutions from the Sangguniang Bayan of Flora, Apayao embodying the latter’s decision on an administrative case filed against certain barangay kagawads of Mallig, Flora, Apayao
2009-206 Legal opinion on whether a contract of services entered into by the Hon. Reinaldo A. Bautista, Jr., Mayor, City of Baguio, in behalf of the City Government, and a private contractor is covered by the provision of Sangguniang Panlungsod Internal Rules and Procedure of Baguio City requiring prior authority of the Sangguniang Panlungsod before the local chief executive can enter into contracts
2009-207

Letter-query of Municipal Planning & Development Coordinator:

1) Whether or not an existing vacant position can be validly converted through Sangguniang Bayan Ordinance/Resolution to some other position deemed more important for local government’s operations;

2) Whether the conversion through SB ordinance/resolution is possible without bringing the matter to the Sangguniang Panlalawigan for further approval since it was a part of the previously reviewed and approved appropriation ordinance under the General Annual Fund Budget.

2009-214 Issue as to whether or not the Sangguniang Panlalawigan (SP) of Abra has jurisdiction over the administrative charge filed against Punong Barangay
2010-220 Advice / opinion regarding an appeal filed before the Sangguniang Panlalawigan (SP) of Apayao by a Punong Barangay who was earlier meted a penalty of three (3) months suspension without pay by the Sangguniang Bayan (SB) of Luna, Apayao
2010-224

Opinion on the following issues:

1) Whether or not the municipality can disburse funds and operationalize its projects/programs under the new budget despite the fact that the Sangguniang Panlalawigan has not yet completed its review of said budget.

2) Whether or not the new budget is already deemed reviewed if the Sanggpuniang Panlalawigan fails to inform the municipality of the results of the review within the 90 day period prescribed by law.

3) Whether or not the Sangguniang Panlalawigan can still review the budget at anytime beyond the 90 day period of review.

2010-226

Regarding the action of the Sangguniang Bayan (SB) of Sabangan, Mountain Province in declaring the entire Municipality “in an IMMINENT DANGER OF CALAMITY”:

1) Whether or not SB Resolution No. 2010-31, dated 16 August 2010, declaring the Municipality of Sabangan, Mountain Province in imminent danger of calamity is legal or valid.

2) Whether or not a written recommendation of the Chairman of the Municipal Disaster Coordinating Council is a pre-requisite before the declaration of “imminent danger of calamity” notwithstanding the fact that he is already aware of the situation.

3) Whether or not the Local Finance Committee has a role in the utilization of the Local Calamity Fund.

2010-229

Issues relative to the impending vacancy in the office of the Punong Barangay of Barangay Ferdinand (Lubong), Calanasan, Apayao due to the absence of a candidate for said position in the just-concluded Synchronized Barangay and SK Elections:

1) How will the vacancy be filled up?

2) If the highest ranking sanggunian barangay member and the other succeeding sangguniang barangay members refuse to assume in the Office of the Punong Barangay, what will be the effect to them?

3) Can the highest and succeeding sangguniang barangay members waive their right if they refuse to assume in the office of the Punong Barangay?

4) Is it possible that said vacancy be filled up through appointment?

2010-232 Opinion as to whether or not the Sangguniang Bayan (SB) of Pinukpuk, Kalinga is authorized to order the Local Finance Committee (LFC) to withhold the salary of one of the sanggunian members
e) Presiding Officer
2000-08

TEMPORARY VACANCY IN THE OFFICE OF THE PRESIDING
OFFICER OF A SANGGUNIAN; DOUBLE COMPENSATION

1) Whether or not a Vice Mayor, being the presiding officer of the sanggunian, may be charged administratively for not attending/presiding for four to six consecutive regular sessions although he was on official travel?

2) Whether or not an Officer-in-Charge in the Office of the Vice Mayor may automatically preside in a regular session? and

3) What is the meaning of the word “DOUBLE COMPENSATION” as applied in the government service?

2007-155

1) Whether or not the Sangguniang Bayan (SB) could enact and adopt ordinances and resolutions or transact businesses despite the fact that there is no proclaimed Vice Mayor and the 8th SB.

2) What will be the extent of the powers and functions of the acting Vice Mayor?

3) Whether or not the Municipal Mayor can suspend the implementation of a duly approved ordinance by virtue of an Office Order.

2007-174

1) What is the effective extent of a resolution or legislative action where the presiding officer did not sign the same against the unanimous approval of the sangguniang bayan members?

2) Whether authority for official travels of officials and employees of the Sangguniang Bayan whose manner of appointment are within the powers of the vice mayor as specifically provided by law should still come from the mayor?

3) What office has general supervision over the PLEB fund, should it be the Sangguniang Bayan or the Mayor?

f) Complaint Against/With Cases/Disciplinary Action  
1999-13

DISCIPLINARY ACTIONS: BARANGAY OFFICIALS

A Resolution passed by the Sangguniang Barangay of Camdas Subdivision, entitled Resolution Requesting the DILG to Intervene in Behalf of the Barangay Council on the Imposition of the Appropriate Disciplinary Action on Elected Barangay Official/s who had been Consecutively Absent from the Regular Barangay Council Meeting for Four Consecutive or More Times (sic), endorsed to this level for "rendition of legal opinion" on 12 November 1999 by the DILG-Baguio City Field Office

2000-26

JURISDICTION OVER COMPLAINTS AGAINST ELECTIVE
BARANGAY OFFICIALS/INVESTIGATIVE POWER OF DILG

Who has jurisdiction over a complaint on the alleged “highly irregular manner in which Barangay Chairperson Adoracion S. Fernandez of Barangay Lualhati, Baguio City, conducts hearing of complaints at the Tanggapan ng Punong Barangay?

2003-40

Letter-query relative to the construction of the supposed Multipurpose Pavement at Bauko, Mt. Province:

1) Whether or not the payment could be released despite the fact that a mere riprap was accomplished and not a multipurpose pavement?
2) What would be the consequences if the payment would still be released in spite of the fact that a multipurpose pavement was not completely constructed?
3) What is the difference between a multipurpose pavement and a riprap?
4) Is it proper for the Sanggunian Members to enter into an amicable settlement favoring the release in the payment of the project despite the fact that there was no project done?

2003-54

Opinion on the issue as hereunder quoted:

“Is former SBM Danilo Agaloos entitled to received (sic) his salaries and benefits from
Jan. 2001 to June 2001. If the answer is in the AFFIRMATIVE, what agency will be held responsible thereto. (sic) The LGU PILAR or the DOJ.”

2004-74 Issue as to who should be invited to represent Lagayan, Abra to the Vice Mayor’s League, Abra Chapter Elections
2004-86 Legal opinion on certain issues relative to the discipline of a Sangguniang Bayan member as provided in the Internal Rules of Procedure (IRP) of said sanggunian
2005-100

Issues regarding the discipline of a Punong Barangay who is an ex-officio member of the Sangguniang Bayan (SB) being the President of the Liga ng mga Barangay, Municipal Chapter:

-Whether or not the Sangguniang Bayan wherein the Barangay Captain is an exofficio member is the legal body to hear the case.

2006-129 Letter-query inquiring if the Sangguniang Bayan (SB) of Sagada, Mountain Province has the authority to impose a three-month suspension against one of its members
2006-133 Opinion on whether or not Hon. Nonito P. Wilbur, Member, Sangguniang Bayan of Danglas can claim his salaries pending the final resolution of the criminal charges filed against him
2006-137

Regarding the administrative charge against a President of the SK Municipal Chapter:

1) Whether or not the Affidavit of Desistance of the complainant is a valid ground for the dismissal of the administrative complaint already filed with the Sangguniang Bayan.

2) Whether or not the Sangguniang Bayan has the jurisdiction over the case of an SK Municipal Federation President who is an ex-officio member thereof.

2009-215

Alleged persistent absences incurred by a Sangguniang Bayan (SB) member of the Municipality of Sallapadan, Abra:

-Can the Office of the Sangguniang Bayan order the Municipal Treasurer to withhold her salary?

-What ohter legal actions can the office give to the said SB Member?

g) Ex-Officio Members
2001-07

EFFECT OF THE FILING OF CANDIDACY FOR VICE MAYOR BY AN EX-OFFICIO MEMBER OF THE CITY COUNCIL

What is the effect of the filing of candidacy for Vice Mayor by City Councilor Leandro Yangot on his position as ex-officio member of the City Council of Baguio?

2002-07 Clarification as to  whether or not a Punong Barangay is entitled to a monthly salary as ex-officio member of the SB
2002-14 Whether or not as Provincial Chapter President of the Liga ng mga Barangay and Ex-officio member of the Sangguniang Panlalawigan, is still entitled to receive full salary
2002-15

Legal opinion rendered in response to the query of Secretary to the Sangguniang Panlungsod, Baguio City relative to the request of ex-officio SP Member for Authority to Travel on Official Business , and for Official Leave of Absence  to enable him to attend the Pre-departure Activities as well as to fulfill his duties and responsibilities as Ambassador of Goodwill of the Philippines:

1) Whether or not the term of office of SP Member Tambol as SK Federation President and as ex-officio member of the SP extend until October 29, 2002?;

2) Assuming that he is granted official leave of absence until October 29, 2002 but the new SK Federation President would have been elected and qualified prior to October 29, 2002, what would be the effect of such election and qualification of the new SK Federation President on the official leave of absence of Councilor Tambol as ex-officio member of the SP?

2005-100

Issues regarding the discipline of a Punong Barangay who is an ex-officio member of the Sangguniang Bayan (SB) being the President of the Liga ng mga Barangay, Municipal Chapter:

-Whether or not the Sangguniang Bayan wherein the Barangay Captain is an exofficio member is the legal body to hear the case.

2005-102

Opinion on  temporary assumption as ex-officio member of the Sangguniang Panlalawigan (SP) of Abra:

Enlightenment on the validity or legality of assumption as ex-officio member of the SP in a temporary capacity

2005-103

Legal opinion regarding the continued absence of Hon. Victoria T. Dickson, an ex-officio member of the Sangguniang Panlalawigan (SP) of Abra, due to a heart attack

1) Does the failure of Hon. Dickson to attend sessions of the SP without filing a sick/vacation leave constitute abandonment of office?

2) Can the Vice President of the PCL Provincial Federation validly and legally take over the functions and duties of the PCL President considering the latter’s continued absence?

2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?

2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?

3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2006-137

Letter-query regarding the administrative charge against a President of the SK Municipal Chapter:

1) Whether or not the Affidavit of Desistance of the complainant is a valid ground for the dismissal of the administrative complaint already filed with the Sangguniang Bayan.

2) Whether or not the Sangguniang Bayan has the jurisdiction over the case of an SK Municipal Federation President who is an ex-officio member thereof.

2006-142 Guidance whether or not a Municipal Mayor can validly grant the request or demand of a certain Mr. Lamberto L. Llopis for the payment of unpaid benefits of certain local officials in Municipality
2007-154 Clarification if the next highest ranking officer of the Philippine Councilors League (PCL), Provincial Federation of Abra who has just been re-elected and was recently appointed by the PCL’s National Chairman to sit as the interim President of PCL Abra could legally sit as ex-officio member of the newly Sangguniang Panlalawigan of Abra until the next Federation President shall be duly elected and qualified
2007-156 Interpretation of Rule XXXIX, Article 210 (d)(2) of the Implementing Rules and Regulations (IRR) of the Local Government Code of 1991 which states that “[T]hey shall serve as ex-officio members of the sanggunian concerned only during their term of office as presidents of the liga chapters, which in no case shall go beyond the term of office of the sanggunian concerned”
2007-163

Opinion regarding the filling up of vacancies in the office of the exofficio members of said august body:

How would the permanent vacancy in the representation of the PCL in the SP be filled up?

2008-175 Opinion on the legality or validity of Resolution No. 2008-01 of the Sangguniang Bayan (SB) of Rizal, Kalinga recognizing Hon. Benjamin Barroga instead of Hon. Rogelio D. Lawad, as the duly elected President of the Association of Barangay Captain of the said Municipality
2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao:

-Is she entitled to her salary if she is absent for three consecutive sessions?

-Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

-Can the SKF President claim her RATA even if she is on leave of absence?

-If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

-Can the SKF Vice President represent her in sessions?

h) Proclamation
2001-20

PROCLAMATION OF A WINNING CANDIDATE

Whether or not Mr. Rodolfo S. Soriano, declared by the Regional Trial Court as the winning candidate to the office the Sangguniang Bayan of Buguias, can attend the regular session of the august body even without proclamation made by the Board of Canvassers as directed by the Court.

2004-83 Legal opinion on whether or not a Sangguniang Panlalawigan Member is entitled to salaries  from the day of assumption to office on June 30, 2004 up to official proclamation on July 27, 2004.
i) Committee, Membership to/Powers of
2001-33

MINORITY PARTY REPRESENTATIVE TO THE PBAC

Whether or not the move of the Sangguniang Bayan of Lamut for voting and chosing sanggunian member who has no party affiliation in the Prequalification, Bids and Awards Committee (PBAC)  is valid

2004-72

Opinion relative to the functions of the Local Finance Committee created pursuant to Section 316 of the Local Government Code of 1991:

Whether or not the said committee can disapprove or review contracts or memorandum of agreement already ratified by the Sangguniang Panlalawigan

2007-146

Opinion regarding appropriation of the share from the proceeds of the development and utilization of the National Wealth of Mankayan, Benguet and the publication of the Invitation to Bid of projects covered:

-Can the Sangguniang Bayan of Mankayan appropriate the Municipality’s share from the proceeds of the development and utilization of its National Wealth through a mere resolution and without an appropriations ordinance?

j) Internal Rules of Procedure
2000-02

IRP; AMENDMENTS THEREOF; MEETINGS/SESSIONS

1) Whether or not there was a valid amendment of the Internal Rules of Procedure (IRP) of the Sangguniang Bayan of Paracelis on its regular session based on a duly approved motion to reset the holding of such session from Tuesday to Monday despite the absence of a duly signed resolution approving said amendment; and

2) Whether or not the Sangguniang Bayan (SB) can hold a regular meeting/session despite the “absence” of the Vice Mayor.

2002-06

Opinion regarding Resolution No. 2002-437 of the Sangguniang Panlalawigan of Ifugao entitled “Resolution Declaring Section 42 of Ordinance No. 63, Series of 2001 of the Sangguniang Bayan of Lagawe Ifugao Invalid”:

1) Whether or not rules of procedures in the conduct of administrative proceeding must or should be in accordance with the Rules of Court so that any inconsistency between the two would render the former invalid; and
2) Whether or not the quorum provided by the SP in its Internal Rules of Procedure is valid and in accordance with Section 53 of the LocalGovernment Code of 1991.

2004-86 Legal opinion on certain issues relative to the discipline of a Sangguniang Bayan member as provided in the Internal Rules of Procedure (IRP) of said sanggunian.
2005-116

Legal opinion on the following issues relative to the constitution of the Committee of the Whole as well as other matters on local legislation:

1) Whether or not the Vice Mayor can legally preside over Sanggunian Bayan sessions where the body constituted itself as a Committee of the Whole to expedite the deliberation/resolution of a particular item/matter.

2) What does it mean by Committee of the Whole?

3) Under what instances may the Sangguniang Bayan constitute itself as a Committee of the Whole?

4) When an item in the calendar of business is jointly referred to two or more SB Standing Committees for committee study, who should preside over that joint Committee Meeting?

5) Whether or not the Sangguniang Bayan of Hungduan may legally pass a resolution exempting the ABC President, who comes from a far flung Barangay of Hungduan, from the application of Paragraph C, Section 1, Rule Xvi of the Sangguniang Bayan Internal Rules of Procedure.

k) No. of Seats  
2002-13 Opinion or advice relative to the issue as to whether or not the Municipality of La Trinidad, which is now a First class municipality, is entitled to ten (10) seats for the regular Sangguniang Bayan Members
l) Term of Office
2003-67

Legal opinion relevant to the issue:

“Is the 3rd term of office as SB member of Sixto Ariota counted as his last term of office since he was able to serve the position for more than a year?”

2004-76 Whether or not the election of Sixto Ariota, Jr. as councilor of Dolores, Abra last May 10, 2004 elections is violative of the term limit provision for local elective officials.
2007-162 Issue as to whether or not Punong Barangay Tino Batonan of Calamagan, Buguias, Benguet could still run as barangay kagawad in the synchronized barangay and SK elections this coming October 2007. As per representation, PB Batonan was elected for three consecutive terms as Barangay Kagawad in the 1994, 1997 and 2002 Barangay Elections.
m) Ranking/Succession
2005-101 Clarification on the method of ranking the members of the Sangguniang Panlalawigan (SP) for purposes of succession where the Vice Governor becomes acting Provincial Governor.
2006-139

Legal opinion on the vacancy in the Provincial Government of Ifugao which was caused by the recent death of Provincial Governor Benjamin Cappleman:

1) Does the ranking of the Sanggunian to fill up permanent vacancy apply only to the Local Chief Executive for purposes of automatic succession and not to the position of the Vice Governor?

2) Is the position of Vice Governor a permanent or temporary vacancy in the case of Ifugao? If so, how is the procedure in filling up the vacancy and the ranking of the Sanggunian?

4) Who among the Sangguniang Panlalawigan members caused the vacancy in order to know the party of the nominee who will fill up the vacant SP position? What procedures to undertake in the appointment of vacant SP position?

2010-229

Issues relative to the impending vacancy in the office of the Punong Barangay of Barangay Ferdinand (Lubong), Calanasan, Apayao due to the absence of a candidate for said position in the just-concluded Synchronized Barangay and SK Elections:

1) How will the vacancy be filled up?

2) If the highest ranking sanggunian barangay member and the other succeeding sangguniang barangay members refuse to assume in the Office of the Punong Barangay, what will be the effect to them?

3) Can the highest and succeeding sangguniang barangay members waive their right if they refuse to assume in the office of the Punong Barangay?

4) Is it possible that said vacancy be filled up through appointment?

n) Temporary Vacancy
2005-102

Opinion on  temporary assumption as ex-officio member of the Sangguniang Panlalawigan (SP) of Abra:

Validity or legality of Vice President, Philippine Councilor’s League, Abra Chapter Bangued, Abra's assumption as ex-officio member of the SP in a temporary capacity

2005-103

Legal opinion regarding the continued absence of Hon. Victoria T. Dickson, an ex-officio member of the Sangguniang Panlalawigan (SP) of Abra, due to a heart attack:

1) Does the failure of Hon. Dickson to attend sessions of the SP without filing a sick/vacation leave constitute abandonment of office?

2) Can the Vice President of the PCL Provincial Federation validly and legally take over the functions and duties of the PCL President considering the latter’s continued absence?

2007-155

1) Whether or not the Sangguniang Bayan (SB) could enact and adopt ordinances and resolutions or transact businesses despite the fact that there is no proclaimed Vice Mayor and the 8th SB.

2) What will be the extent of the powers and functions of the acting Vice Mayor?

3) Whether or not the Municipal Mayor can suspend the implementation of a duly approved ordinance by virtue of an Office Order.

o) Leaves/Absences
2005-103

Legal opinion regarding the continued absence of Hon. Victoria T. Dickson, an ex-officio
member of the Sangguniang Panlalawigan (SP) of Abra, due to a heart attack:

1) Does the failure of Hon. Dickson to attend sessions of the SP without filing a sick/vacation leave constitute abandonment of office?

2) Can the Vice President of the PCL Provincial Federation validly and legally take over the functions and duties of the PCL President considering the latter’s continued absence?

2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?

2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?

3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2006-136 Comment/opinion on the validity of the action of some members of the Sangguniang Bayan (SB) of your Municipality to consider as present those who were actually absent during the SB’s regular session
2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao

1) Is she entitled to her salary if she is absent for three consecutive sessions?

2) Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

3) Can the SKF President claim her RATA even if she is on leave of absence?

4) If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

5) Can the decision of the MLGOO assigned to this LGU override the rules and regulations being implemented by the office of the Municipal Accountant and Municipal Budget with regards to RATA?

6) Can the SKF Vice President represent her in sessions?

2008-186 Comment and advise whether a Vice Mayor should approve the late application for leave of absences of a sangguniang bayan (SB) member who had been consistently absent from the regular SB sessions and only filed such leave upon receiving a suspension order from the sangguniang bayan and what may be its implications
2009-215

Opinion on the alleged persistent absences incurred by a Sangguniang Bayan Member of the Municipality of Sallapadan, Abra:

1) Can the Office of the Sangguniang Bayan order the Municipal Treasurer to withhold her salary?

2) Is she entitled to her RATA is she only attends session once a month?

3) Is her filing of leave of absence or her presenting of her medical certificates for the missed sessions enough to justify her absences?

4) What other legal actions can the office give to the said SB member?

2009-217 Opinion relating to absences of SK Chairman for about six (6) months due to his transfer to Davao City and asking if he can assume and continue his position as SK Chairman
2010-227 Who is the approving authority of the leave of absence, travel orders, itinerary of travel of sangguniang bayan (SB) members and SB staff or personnel as well as the disbursement vouchers covering the expenses of the SB?
p) Salary
2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?

2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?

3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2006-133 Legal opinion on whether or not Hon. Nonito P. Wilbur, Member, Sangguniang Bayan of Danglas can claim his salaries pending the final resolution of the criminal charges filed against him
2006-142 Guidance whether or not you can validly grant the request or demand of a certain Mr. Lamberto L. Llopis for the payment of unpaid benefits of certain local officials in your Municipality
2009-215

Opinion relative to the alleged persistent absences incurred by a Sangguniang Bayan (SB) member of the Municipality of Sallapadan, Abra:

1) Can the office of the Sangguniang Bayan order the Municipal Treasurer to withhold her salary?

2) Is she entitled to her RATA if she only attends once a month?

3) Is her filing of leave of absence or her presenting of her medical certicates for the missed sessions enough to justify her absences?

4) What other legal sanctions can the office give to the said SB member?

q) Running for Elective Post
2007-149 Opinion of former Justice Isagani Cruz to the effect that a councilor is deemed resigned from his office if he runs for another position

 

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