DILG Opinion No. 20 S, 2010

March 11, 2010

MR. ALLAN A. MATIENZOSangguniang Bayan MemberPila, Laguna

MAYOR WILFREDO M. QUIATPila, Laguna

Dear SB Matienzo and Mayor Quiat:

This pertains to your separate letters which we herein consolidated since they pertain to one subject matter, that is the status of Mr. Samson M. Carillo as ABC President and accordingly as ex-officio member of their Sangguniang bayan after Punong Barangay Joselito Mercado filed his leave of absence as ABC President for two (2) years due to personal reason.

The problem arose when Mercado decided to cut his two (2) years leave of absence short and claim back his position as the ANC President.

Before addressing your concern, please be informed that Article XII, Section 2 of the Constitution and By-Laws of the Liga ng mga Barangay of the Philippines, provides:

“VACANCIES and SUCCESSION – In case of the permanent vacancy in the office of the President due to refusal to assume office, failure to qualify, death, removal from office, voluntary resignation or incapacity to discharge functions of his/her office, the executive Vice President in the case of the National Liga or the Vice President, in the case of the local liga at all levels, shall assume the office for the unexpired term of the former. Succession shall take effect only after confirmation of the National Liga Executive Board (Italics provided). The vice President who assumed the vacant position shall represent tha Liga chapter in the Sangguniang concerned.’

x x x

x x x

Be that as it may, pending the confirmation to be issued by the National Liga Executive Board, we are of the opinion that since the Laguna Provincial Chapter of the Liga ng mga Barangay has in the meantime issued its Certification recognizing Mr. Carillo as the Pila, Laguna Municipal Chapter President, such recognition ought to be respected by this Department.

We hope to have enlightened you on the matter.

Very truly yours,

By Authority of the Secretary:

ATTY. JESUS B. DOQUE IV

Director III

Cc: Hon. Ricojudge Janvier “RJ” EcheverriPresidentNational Liga ng mga Barangay2ng floor, Caloocan CityhallCaloocan City

Punong Barangay Joselito T. Mercado Barangay Sta. Clara NorteLaguna