Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

A. Francisco Gold Condominium ll Bldg, EDSA
corner Mapagmahal St., Diliman, Quezon City

LLEGALL SEIRVIICE
DILG OPINION NO. ]05 S. 2O]O

ATTY. PETRONI F. FRADEJAS

'jurl 1E 2g1g

No.001 Bonifacio cor. Magsaysay 51.

Barangay Liwayway, Odiongan
Romblon

Dear Atty. Fradejas:

This pertains to your letter seeking the Department's legal opinion on the
follbwing iisues, to wit and we quoie:

1) "Whot ore the iteps or procedure to be observed in enforcing or

implementing the decision of o Songguniong Boyon in on
odministrqtive cose filed ogoinst o Borongoy Coptoin? ls there o
need for this body to issue the corresponding writ of execution to
enforce the decision? le there o need for this body to poss o
resolution or ordinonce giving quthority to the Municipol Moyor or
onybody else to implement the decision?

2) Whot is the effect of the Order of Suspension issued by the Municipol

Moyor ogoinst o Borongoy Coptoin if there is no writ of execution
dnd/or Resolution from the Songguniong Boyon to implement the
decision?

3) Whot is the effect if the Municipol Moyor (without the writ of

execution ond o Resolution/Ordinqnce being issued) issues on order
to the Police Officer to imDlement the decision? Could thot order be
considered os o volid or lowful order? Con o policemon be held
lioble for implementing thot decision?"

In reply to your first up to third queries, may we invite your attention to

SectionJ 61, 62 and 66 of the Local Covernment Code, which provide, insofar as
pertinent, that:

"sEC. 61. Form ond Filing of Adminhtrotive Comploints.- A

verified complqint ogoinst ony erring locol elective officiol sholl be
prepored os follows:
 (c) A comploint ogoinrt ony elective borongoy officiol sholl
be filed before the songguniong ponlungsod or songguniong boyon
concerned whose decision sholl be finol ond executory."

'sEC. 62. Notice of Heoring.- (o) Within seven (z) doys ofter the
odministrotive comploint is filed, the Office of the President or the
songgunion concerned, os the cose moy be, sholl require the respondent
to submit his verified onrwer within fifteen (15) doys from receipt thereof,
ond commence the investigotion of the cose within ten (1o) dqys ofter
receipt of the respondent."

"sEC. 66. Form ond Notice of Decision.- (o) The investigotion of

the cose sholl be terminoted within ninety (9o) doys from the stqrt
thereof. Within thirty (3o) doys ofter the end of the investigotion, the
' Office of the President or the Songgunion concerned shqll render o
decision in writing stoting cleorly ond distinctly the focts qnd the reosons
for such decision."

ln view of the above-cited provisions. it is clear that a verified complainl

against any erring barangay elective oflicial. in your case the Punong Barangay.
shall be filed before the Sangguniang Bayan. Such being the caie. after the
Sangguniang Bayan concerned decided the administrative case within the time
specified in the above-cited provision, the Sanggunian concerned may direct the
Local Chief Executive (Mayor) to implement its decision.

ln this regard. please be informed that if the Mayor is being directed by the
Sanggunian lo implement ils decisiorr or judgment rendered PUrsuant to the
exercise of its quasi-jcrdicial powers conferred by Section 61 of the Code, it i5 the
ministerial duty of the Local Chief Executive to execute the same and he/she has
no discretion to determine the propriety of the implementation of the decision or
judgment. The service or inrplementation of the decision/judgment has to be
made without unnecessary delay so that after being duly informed' ihe
respondent can immediately take steps to protect his interest by filing an appeal or
apply for other appropriate relief. The refusal of the Local Chief Execuiive to
implement the said decision can be considered as an obstruction of justice and,
therefore, would tantamount to grave misconduct for which he/she may be
a d m in ist rat ive ly Janctioned

Please be informed further that the 5anggunian may direct the Local Chief
Executive to implement the decision thror-rgh a Resolution or by a mere
Memorandum.
 - )-
With regard to the issuance of writ of execution by the Sanggunian
concerned, please be informed that the Sanggunian has no power or authority to
issue a writ of execution even in the exercise of iis quasi-judicial function. Such
power to issue a writ of execution is lodged only with the courts. Such being the
case, the Local Chief Executive, who was directed to implement a
decision/judSment, shall implement the said decision/judgment even without the
writ of execution issued by the court.

Hope we have enlightened you on the matter.

Very truly yours,

By Authority of the Secretary:

Director lll

Lesajp.4/La

,r, .U Drr"rro, Rolando B. Calabazaron

f DILG Region lV-B
Santos & Sons Bldg., Aurora Blvd.
Cubao. Quezon City