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Legal Opinions

 

  BARANGAY OFFICIALS
OPINION NO.
ISSUES
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a) Preventive Suspension
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?
 

Whether or not the case filed with the Sangguniang Bayan should be dismissed on such grounds as invoked by the respondent barangay officials?

 
b) Benefits
1999-14
Whether or not a barangay official can reimburse his expenses from barangay funds for medicines he purchased from private drugstores due to the unavailability of the said medicines in the government hospital/clinic where he was treated/confined?  
2001-32

Is devolution or financial instability of the hospital or provincial government a valid ground for denial of such benefits?

 
2005-106 Regarding the free medical benefits of barangay officials under Section 393 (b)(3) of the Local Government Code of 1991 (RA 7160)

 

2007-173 Whether or not barangay officials are limited only to avail themselves of free medical care benefits once a year during their incumbency despite availability of barangay funds as provided for under Section 393 (b) (3) of RA 7160, otherwise known as the Local Government Code of 1991  
2001-23 Whether or not the total number of years of a former barangay official can be credited as a service in computing his/her retirement benefits when he/she retires as
a government employee.
 
2004-89 Legal opinion regarding the educational benefits of barangay officials as well as their legitimate dependents under the Local Government Code of 1991 (RA 7160).  
2004-90 Legal opinion regarding the educational benefits of barangay officials as well as their
legitimate dependents under the Local Government Code of 1991 (RA 7160)
 
2008-192 Opinion relative to the educational benefit for barangay officials and their legitimate dependents  
2008-193 Opinion on the legality of the Institutional Policy on the BSU-LGU study grant
2011-238 Who is the appointing authority of Barangay Secretaries, Treasurers and Tanods?
c) Powers and Functions
1999-19 Double compensation for being a Barangay Health Worker at the same time a Day Care Worker
2003-63 Opinion relative to the allocation of the 10% SK fund wherein the Punong Barangay and members of the barangay council was planning to appropriate some amount (from the 10% SK funds) to augment the construction of the Barangay Health Center
2008-176

Is the Punong Barangay allowed by law to contract with the city government for contracts that will be implemented in barangays other than his barangay?

d) Absences, Leaves
2001-17

What necessary legal action, if any, is available against a PB who is no longer attending to his office as Punong Barangay and as an ex-officio member of the Sangguniang Bayan after the issuance of the warrant of arrest against him for the crime of Robbery with Homicide?

2001-29

How many days of leave of absence are barangay officials entitled to enjoy in a term?

2002-08  Entitlement to honorarium as Punong Barangay who went on sick leave
2002-17

Whether or not payment of terminal leave still applies to outgoing appointive or elective barangay and SK officials.

2002-31 Issue as to whether or not elective barangay officials are entitled to leave credits
2003-35 Entitlement of the barangay treasurer and barangay secretary to leave privileges
2005-93

Is the Punong Barangay entitled to receive the honorarium due him as such during his leave of absence?

2006-138 Relative to the continued absence without official leave of Punong Barangay: whether or not a highest-ranked member of a Sangguniang Barangay is still in an acting capacity as Punong Barangay
2008-180 Whether or not a Municipal Mayor will not be held liable if he/she “resists” from approving the leave of Punong Barangay who filed his/her three-month leave of absence for abroad and while still there is now applying for an extension of his/her leave for another three months
e) Succession
2001-18 What is/are the effect/s of waiver and/or joint affidavit of the No. 1 and No. 2 kagawads to assume the punong barangay position in favor of Kagawad No. 3?
2002-16

Whether or not the highest ranking Sangguniang Barangay Member would succeed to the Office of the Punong Barangay after the incumbent Punong Barangay, who is seeking re-election unopposed, died in a vehicular accident before the just concluded July 15, 2002 Synchronized Barangay and SK Elections?

2005-112

When shall be the effectivity of the suspension of the Punong Barangay as well as the assumption of the highest ranked Kagawad as Acting Punong Barangay

2006-121

Can the Municipal Mayor appoint the wife of the deceased Barangay Captain as Barangay Captain, assuming that the number one Barangay Kagawad refused to assume office and so with the succeeding Barangay Kagawad down the line?

2009-204

In the absence of Kagawad, who is on leave, is the number two kagawad authorized to assume and discharge the functions of the Barangay Chairman?

2010-229

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?

f) Honorarium
1999-06

Whether or not it is legal for the Barangay Captain to withhold the honorarium of a Councilman who has not attended sanggunian sessions?

2002-08 Entitlement to honorarium of Punong Barangay who went on sick leave
2003-32 Clarification about the rules with regards to the monthly honoraria of barangay officials
2005-92 Letter-query regarding the refusal of both Punong Barangay, who is presently under suspension, and the newly-installed Acting Punong Barangay to sign or approve the documents for honoraria, other benefits and other expenses of barangay for the entire year
2005-93

Is the Punong Barangay entitled to receive the honorarium due him as such during his leave of absence?

2005-110 Undated letter-query on even date regarding deductions made by the Punong Barangay from honoraria for the month of April 2005
g) Complaint Against/Disciplinary Action/Administrative Case
2003-56 Opinion regarding a legal problem encountered concerning the discipline of an elective barangay official
2004-77 Replacement of Barangay Treasurer on the grounds that he/she is neither a qualified voter nor actual resident of said barangay and that he/she has been remiss of his/her duties
2005-110  Punong Barangay's deduction of SB Member's Honoraria due to absence
2006-125

Whether or not the alleged refusal of Punong Barangay to fulfill his obligation as agreed upon in the amicable settlement can be a ground for a disciplinary action against him

2009-202 Opinion regarding two resolutions from the Sangguniang Bayan embodying the latter’s decision on an administrative case filed against certain barangay kagawads
2011-235 Legal opinion whether or not the response or opinion of DILG-CAR Regional Legal Counsel can be a basis in dismissing the administrative case against certain elective barangay officials filed before the Sangguniang Bayan (SB)
h) Appointment
2006-121 Can a Municipal Mayor appoint the wife of the deceased Barangay Captain as Barangay Captain, assuming that the number one Barangay Kagawad refused to assume office and so with the succeeding Barangay Kagawad down the line?
2006-124

Issues on the appointment of a Barangay Bookkeeper and Barangay Engineer:


1) Who will appoint the qualified applicant, is it the Municipal Mayor or the President of the Association of Barangay Captains?


2) Who are qualified for that position? Licensed professional or civil service eligible?

2007-147 Relative to the status of the appointment of the Barangay Secretary and the Barangay Treasurer without the concurrence of the majority of the members of the Sangguniang Barangay
2007-148 Whether or not the Barangay Treasurer can be replaced by the Punong Barangay without the concurrence of the majority of all the members of the Sangguniang Barangay
2007-171 Whether or not the candidate who lost in both the May national and local elections and the October synchronized Barangay and SK Elections could be appointed as Barangay Secretary or Treasurer
2008-185 Issue whether it is mandatory for a new punong barangay to issue an appointment to the incumbent barangay secretary who was appointed by the previous punong barangay
2011-238 Issues concerning the administration of the Barangay:
1) Who is the appointing authority of Barangay Secretaries, Treasurers and Tanods?

2) What are the benefits of the same appointive officials?
i) Qualifications
2011-238 What are the qualifications of the said appointive barangay officials?

 

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