+6 Ay snap Republic ofthe Philippines DEPARTMENT OF THE INTERIOR AND LOCAL, GOVERNMENT DILG-NAPOLCOM Center, EDSA comer Quezon Aveo oe ‘Triangle, Quezon City t104 a www digcoveh DILG Legal Opinion No. 14 5, 2016 MAYOR LOURDES. CATAQUIZ. 7 ity of San Pedro, Laguna 26 FEB 2016 Dear Mayor Cataquiz, We write concerning your 25 January 2016 letter Jeauesting this Department's reconsideration of DILG Opinion No, 50, series of 2015, which denied Your request for authority to appoint barangay officials of the newly created barangays of San Pedro, Laguna, In your letter, you posit that the appointment of officals and employees of the newly created barangays should emanate from the LCE of San Pedro City, a6 provided under Section 455 (b(1 Nv) of the Local Government Code (LGC) fallow; 'g its express, mandate to provide for the financial Tequirements of barangays created by LGUs Pursuant to Article 14 (8) of the Implementing Rules and Regulations (IRR) of the LGC... You also propose, inthe alternative, the establishment of a transition team that will be vested with the proper authority to oversee the current situation of the newly created barangays and prepare the oa Owards formal constitution and operations come the next regular election of barangay officials, to ensure that the newly created barangays will be adequately prepared to take on the responsibilities attached to their creation, and the officials to be elected Shall be able to assume more efficiently. Please be informed that the D (6)()() of the LGC that the City Mayor's power to appoint only extends 10 appointive officials and employees whose appointments are not Provided for by the Code'or by law, ie, Republic Act No, 10420, otherwise known’ as’ the Charter'of the City of San Pedro, as in this case. Note that the Mayor's power to appoint elective barangay officials arises only in case of a permanent vacancy in the sangguniang barangay as expressly provided under Section 45 (a)(3) of the LGC. Moreover, there is ng) “vacancy” to speak! of as the newly created barangays’ corporate existence has yet to begin. j 1 Anent this Department's eliance'on Section 14 af thd IGG, note that it eléarly and unambiguously crores When the corporate existence of a local government aan shall commence, i¢, upon the clection and qualification of its chief executive ant majority of the members of the sanggunian, in the absence ofa declaration ofthe time for its commencon, in the law or ordinance creating it \ anehae 2 Camdinal rule in statutory construction that where the law speaks in clear and categorical language, there is no occasibn for interpretation, there is only room for application Hence, the newly created barangays shall refiain inder the control and supervision of the cumbent elective officials of Barangay San'Vicente, City of San Pedro, pending election and % ualification of the respective barangay officials thereof pursuant to Laguna Provincial Ordinance No. 9, s, 1997, As regards the establishment of a “transition team,” please be advised that the Department finds nothing objectionable therein for as Tong as their functions are merely advisory, which shall be limited to aiding you in the|performance of your duties as the local chief executive (LCL). Under the LGC, the City Mayor's “en Section 455. Chief Executive; Powers, Duties and Compensation. (b) For efficient, effective and economical governance the purpose of which is the general welfare of the city and its inhabitants pursuant to Section 16 of this Code, the city mayor shall: (1) Exercise general supeivision ‘and control over all programs, projects, services,'and activities of the'city government, and in this connection, : shall cohon a (silt) Visit component barangays of the city at least once ‘every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to, local officials and inhabitants, inform the component barangay officials and inhabitants of general laws and ordinances which especially concern ‘them, and otherwise conduct visits and inspections to ensure that the governance of the city will improve the quality of life of the inhabitants; a (2) Enforce all laws and ordinances relative to the governance of the city and in the exercise of the appropriate corporate powers provided for under Section 22 of this Code, implement all approved policies, programs, Projects, services and activitids of the city and, in addition to the foregoing, shall: (i) Ensure that the acts of the city's component barangays and of its officials and employees are within the scope of their prescribed powers, duties and functions; moa + 00x Said “transition team” may conduct necessary studies or visits to advice’ you accordingly for any dispositive action you may take'in the exercise of your supervisory powers over your component : barangays. : ' Cebu Portland Cement Co. v. Municipality of Naga, 24 SCRA 708 {1968}, cited in Abello ct al, v. CIR et al, GR No, 120721, 23 February 2005, |Regarding your allegation of appointment by the Punopg Barangay of San Vicente of officials 10 occupy the posts in the newly created barangays, we hoes already directed DILG-Region IV-A to conduct a fact-finding investigation to enable this Department to appropriately act on the matter { A. PANADERO Underscteary 9915 0 icing « cons of cum jake ‘note of the reat team eg] lection period. 1 ae : pic ' the hewt 1b \ ur thd ea Pb :