Republic of re philippinesDEPARTMENT OF ]HF INIERIOR AND LOCAL GOVERNMENTA. Francisco Gold Condorninium ll Bldg, EDSA

corner Mapagnralral St., Diliman, euezon City

LEGAL SERVICEOPlirlOi. j.C. I l9 S.-.,10

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should you wish to further seek this remedy, it is proposed that an action befiled within the proper court having jurisdiction over the subiect matter.

MR. VICTOR C. REYESPresident, Pambansang pederasyorrNg Liga Ng Mga Barangay (ppLB)

MR. JOFIN CARLO L. VILLASINIPresident, Pambayang pederasyon nqSangguniang Kabataan (ppsK)Atimonan, Quezon

Gentlemen:

This-has.reference to your retter dated 01 July 2010 seeking any immediaterelief and/or remedy to invaridate the unnumbered Executive order issued byMunicipal Mayor Jose F., rvendoza on 17 May 2010 decraring both of youdeemed resigned upon the riring of your ceftificate of Calrdidacy on'29November 2009.

In the Unnumbered Executive order which was attached to your letter, MayorMendoza directed Punong Barangay Ernesto Viilasin and sK Chairman GeoffieyEncanto, Vice Presidents of the respective associations abovementioned, totake their oath of office and assume the positions previously occupied by Messrs.Reyes and Villasin, that is, as Ex-officio Members of the sangguniang Bayan ofAtimonan. Furthermore, Mayor Mendoza directed both oiyou to return arlsalaries and benefits received from the Municipal Government of Atimonanreckoned from the date of the firing of your Certificates of candidacv.

Acting on the foregoing request, we first tackre on the most apparent issuebrought before this Department for resolution, that is, the remedy ofinvalidating an Executive order issued by Municipal Mayor Meniozaand to further issue an order directing the said local chief executive to recognizethe authority of this Department over the issue.

on this issue alone, please be informed that this Department does not havethe power and authority to invalidate an Executive order issued bv a local chiefexecuIive.

As to the other glaring issues intimately related to and contained in the assailedunnumbered Executive order of Mayor Mendoza, ano pursuant to thisDepartment s authority as a generar supervisor of the rocar government units,we take into consideration the issue of compriance by Mayoi Mendoza to thelaws and issuances governing the Local Government, to wit:

1. whether Messrs. Reyes and viilasin are deemed resigned or not upon thefiling of the Certificate of Candidacy on 29 November 2002?

2. whether the assumption to office by punong Barangay Viilasin and sKchairman Encanto as Ex-officio Members of Municipll council replacingMessrs. Reyes and Villasin is proper or not?

on the first-mentioned issue, we are of the view that you are not deemedI::igl"d upon the filing of your Certificates of Candidacy on 29 November20Q9 for the 2010 Automated National and Local Elections.

The present state of the law holds that 'any person holding an elective office orposition shall not be considered resigned upon the filing of his certificate ofcandidacy for the same or any other e/ective office or positior,f. This wasenunciated in the case of euinto vs COMELEC G.R. No. 1B9698. 0lDecember 2009, which validates section 4(b) of COMELEC Resolution No.8678 promulgated on 06 October 2009.

Ergo, both of you remain as elective officials, being the incumbentPunong Barangay of Lubi, Atimonan, Quezon and SK chairman of BarangayAngeles, AJimonan, Quezon, respectively. There being no vacancy on th6seposts, there was no legar basis for the mode of succession to take place,particularly for the vice presidents of these association to assume the officessubject of this query.

This takes us to the last-mentioned issue. we find that the assumption to officeof replacements Punong Barangay Villasin and sK Chairman Encanto, VicePresidents of PPLB and ppsK respectively, is not proper and the same iscontrary to law.

The pertinent provisions in the Local Government Code of 1991, particularlySection 446 (Sangguniang Bayan) and Section 495 apply, and we quote:

"Section 446. Corttpositiotr. ,

(a) 7'1rc sartgguttiattg belJull, the legislcttjue body oJ tlternuticiltctLttg, shall be cottLl:tosr,r.I of the ntunicipal uicettalJor es the presidittg oflicer, the rectul.ar sotrc/gun[attntentbers, the, president of the municipal chapter ofthe liga ng mgc. barangqg, the presid.ent of th.epambagang ped.erasgon ng

^go sangguniang

kabatao.n, ond the sect.orel represet atiues, (ts tttetnb<:rs."Sectlon 494. Ex-Officio Membership in Sanggunians. -The dulg elected presidents of the ligo. at themunicipa\ citl1 cuLd prouitrcial Leuels, ittr:l.ur.littg lLrccontpotle,ttt cttLes anLd nlr.n ticipctlilie,s ol' MetropolitatrMatLilu, stlall serue es e*9lfr9i9,,f4e!4bet1 sLllkssanoquniano bauan, xnLgguttiute pottlutttlsoc),

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sangguniang pclt'Ll ctl.clLut,cJatr, respecti.velU. TheA sho,ll serl)etis such onlg during their tenn of oJlice as presidents of theIiga chapters, tuhich irt trc case shrtll be beyond the temt ofoffice of lhe scutgguttiart conceutec].. (emphasis andunderscoring supplied)

As mentioned above, you were not considered resigned from your elective posts'

There being no showing that you were removed as Presidents of yourrespective associations, you must continue to discharge the functions of youroffices and representation in the Sangguniang Bayan of Atimonan, Quezon as

mandated.

This Department notes the existence of'Kapasiyahan Bl9. 0-10' of PPLB -Quezon Chapter certified by PPLB President Macario D. Boongaling and PPLB

Secretary Camila Mercado expressing the said liga's support for the incumbencyof Messrs. Victor C. Reves and John Carlo L. Villasin.

We hope that we have sufficiently addressed your concerns.

Very truly yours,

By Authority of the Secretary:

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