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Republic of the Philippines

DEPARTI\4ENT OF THE INI-ERIOR AND LOCAL GOVERNMENT
A. Francisco cold Condominium ll Bldg, EDSA
corner Mapagmahal St., Diliman, Quezon City
LTEGA\IL SEIR]VIICE
DII,G OPINION
i"ftrN
E
s
NO- t03 S- 2010
TIJ IV
MR. LINO R. MAYO
Brg y. Potol, I nfa nta
Pangasanan
Dear M r. lVayo:
This pertains to your letter asking this
the "term-sharang" agreement between
electron resulted to a tie vote.
Depa rtment's legal opinion regarding
you
and f4r. Alberto M. Manila whose
Per your letter, during the 29 October 2007 Brgy. Elections/ you and Mr.
Alberto M. Manila yielded
a tie vote in the number 7 position as barangay
kagawad. As agreed upon and through a toss coin, Mr. Alberto Manila affixed
his signature to serve one-half of the term and after serving it he will
automatically resigns and you will automatically take the
position with the
appointment of the municipal mayor.
In this regard, you are now in a quandary on whether or not you have the
right to contest Barangay Kagawad Alberto Manila considering that he also
affixed his signature in the said agreement.
In reply thereto, please be informed that this Department had already
answered a similar
query in DILG Opinion No. 48 series of 2004. In the said
legal opinion, we opined that since the term of office of the sangguniang
barangay
(kagawads) has been fixed by law and its expiration cannot be
subJect to an ag reement.
Hereto attached is a
photocopy of the aforesaid DILG Opinion for your ready
perusal.
As to
your query on whether
you have the right to contest Barangay
Kagawad Alberto Manila considering that he has also affixed his signature,
please
be informed that since the agreement made between
you and Mr
Manila is void, you lost your right to contest or question the term of office of
N4 r. Alberto Manila.
We hope we have enlightened
you on the matter.
Very truly yours,
BY AUTHORITY OF THE SECRETARY:
A JE
Drrector III
Leqalr94 rins
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s B. DgQUE IV