Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

DILG-NAPOLCOM Building, EDSA comer Quezon Avenue, Quezon City
www.dilg.gov.ph
OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT
ATTY. NILO M. VILLANUEVA
Mayor
Municipality of Mabini
Province of Batangas
DILG Legal Opinion No. 39, S. 2013
06 D E e 201J
Dear Mayor Villanueva:
This refers to your 02 December 2013 letter requesting this Department's clarification on the
following legal issues:
1. Whether the National Liga ng mga Barangay thru its Opinion dated 27 November
2013 has the authority to reverse and/or modify DILG Legal Opinion No. 113, S.
2007, dated 05 December 2007; and
2. For the purposes of the forthcoming Liga ng mga Barangay (LnB) Chapter
Elections, which shall prevail: DILG Legal Opinion No. 113, s. 2007, or the recent
National LnB opinion?
The foregoing queries were raised in light of the separate opinions rendered by this
Department and the National LnB, as follows:
DILG Opinion No. 113, s. 2007
(05 December 2013)
The above opinion was rendered in response to a query on whether or not the punong
barangay's oath of office may be avalid substitute to the requirement for participation in the
Liga municipal chapter election of officers under Section 1.1.1, Chapter IV of the 2002 LnB
Consitution and By-Laws, i.e., that a candidate possess a COMELEC Certificate of Canvass
and Proclamation of Winning Candidate as Punong Barangay. This simply means that it is
required that the Liga member be a"duly elected Pll!long Barangay "
The Department opined, as follows:
"Accordingly, notwithstanding the provisions of the Constitutions and By
Laws of the Liga ng mga Barangay and its Election Code, we are of the view that
a Punong Barangay, whether by election or succession, is entitled, pursuant to
Section 492 of the Local Gaoernmeni Code, to represent the barangay in the Liga
Chapter. This has to be so in order that the barangay concerned shall not be
deprived of its representative in the Liga. Hence, any proof of assumption to the
position of Punong Barangay, such as an oath of office as Punong Barangay after
assuming said position by succession or by operation of law, would suffice to
enable the said Punong Barangay to participate in the Liga chapter election. "
27 November 2013 Opinion of'
the National LnB
The National LnB opined that pursuant to Section 492 of the Local Government Code, the
Barangay may berepresented in the LnB by the Punong Barangay (PB), or in his absence or
incapacity, by amember of the Sanggunian duly elected for the purpose by and among the
members thereof. Hence, the PB or the member of the Sanggunian concerned may cast his
vote for purposes of any election or where the vote of the barangay is needed at the Liga
chapter.
However, for purposes of participating asacandidate inthe elections of officers and directors
of the Liga chapter, a candidate must be aPunong Barangay and duly elected assuch based
on Section 1, Article V11 of the 2010 Constitution and By-Lawsof the LnB. Thus, it precludes
the election (to any position or asLigaOfficer or director) of arepresentative of abarangay
who assumed the position of PB by reason of succession. This isto prevent the election of a
PB (who assumed the office by succession) particularly to the position of Liga chapter
president but who has already served for three (3) terms assuch PB. This may beconstrued
ascircumventing the proscription onthe three-term limit, and eventually defeat the purpose
of the law.
This Department's View
Please be advised that this Department sustains its opinion in DILG Opinion No. 113, s.
2007.
It should be noted that representation of the Barangay in the LnB through the PB, or by
a sangguniang member duly elected for the purpose, is not limited to attendance in
meetings or deliberations in the Liga chapter but also includes the right to vote and be
voted upon. This is highlighted in Section 4, Article III of the 2010 Constitution and By-
Lawsof the LnB (hereinafter, "2010LnB eBL 'j, viz.:

"Section 4. Representation. Even! Barangav shall be represented bl{ the

Punong Barangal[' 01' by the Liga Chapter President, as the case may be, with the
right to vote and be voted upon, or in his temporan! absence or incapacitt[, bv
am! member of the Sangguniang Barangav 01' bv am! other .1J,fftcerof the Liga
Chapter concemed, dull[ elected (or the purpose, who shall attend all meetings 01'
deliberations called (01' bl! the different chapters of the Liga; provided that, such
representation by substitution ceasing automatically upon the appearance 01'
cessation of the incapacity of the Punong Barangay or Chapter President, shall
onll[ have the right to vote but not the right to be voted upon. "
Clearly, PBs, whether duly elected or one who assumes/becomes the PB by permanent
succession pursuant to Section 44 of the Local Government Code (the "Code'), has the
right to vote and be voted upon in general, and this include activities such as the Liga
Chapter election of officers and directors. However, in case of atemporary incapacity of
1This should be Section 3 (c), Article XI of the 2010 Constitution and By-Laws of the LnB

.,
the PB, any member of the Sangguniang Barangay duly elected for the purpose shall
only have the right to vote but not the right to bevoted upon.
"
Anent, the three-term limit proscription under Section 43 of the Code and Section 8,
Article X of the 1987 Constitution, this Department finds the same inapplicable in LnB
Elections as the three-term limit only applies to the term of office of elective local
officials in the local or barangay elections. Moreover, neither the Code nor Section 1,
Article XUI of the 2010 LnB CBL imposes athree-term limit in LnB elections.
Hence, it is our view that the requirement for a candidate of any elective position in
any chapter of the Liga to be a "duly elected" Punong Barangay before he/she can
participate therein unreasonably deprives the barangay concerned of its right to
participate and be represented in the Liga.
It should be emphasized that a Sangguniang Barangay Member who permanently
succeeds as the Punong Barangay, becomes, for all legal intents and purposes, the
Punong Barangay based on Section 44 (b) of the Code as acknowledged under Section 4
of Article III ofthe 2010 LnB CBL.
While it may be true that this Department's authority over the LnB is supervisory in
nature in line with the ruling of the Supreme Court in foelbito-Ouon vs. Hon. Judge
Nelia Yap Fernandez, et aI. (G.R. No. 139813. J anuary 31, 2001), this Department
cannot help but notice that Section 3 (c), Article XI of the 2010 LnB CBL not only
appears to be incompatible with Section 4, Article III thereof but also appears to limit
or modify the application of Section 492 of the Code and the powers and function of a
permanent successor to the Office of thePunong Barangay.
Verily, Section 507 of the Code specifically declared that the constitution and by-laws
(CBL) of the Liga are suppletory to the provisions of the Code on Leagues of Local
Government Units and that said CBL shall always conform to the provisions of the
Constitution and existing laws. This was provided in the ruling of the Supreme Court in
Ioelbito-Oaon vs. Hon. Judge Nelia Yap Fernandez, et aI., viz.:

"Does the President's power of general supervision extend to the liga

ng mga barangal/
r
which is not a local govermazent unit?
We rule in the affirmative. In Opinion No. 41, Series of 1995, the
Department of Justice ruled that the liga ng mga barangay is a government
organization, being an association, federation, league or union created by law
or by authority of law, whose members are either appointed or elected
government officials. The Local Government Code defines the liga ng mga
barangay as an organization of all barangays for the primary purpose of
determining the representation of the liga in the sanggunions, and for
ventilating, articulating and crystallizing issues affecting barangay
government administration and securing, through proper and legal means,
solutions thereto.[22] The liga shall have chapters at the municipal, city,
provincial and metropolitan political subdivision levels. The municipal and
city chapters of the liga shall be composed of the barangay representatives of
the municipal and city barangays respectiuelv, The duly elected presidents of

..
the component municipal and city chapters shall constitute the provincial
chapter 01; the metropolitan political subdivision chapter. The duly elected
presidents of highly urbanized cities, provincial chapters, the Metropolitan
Manila chapter and metropolitan political subdivision chapters shall
constitute the National Liga ng mga Barangay.
The liga at the municipal, city, provincial, metropolitan political subdivision,
and national levels directly elect a president, a vice-president and five (5)
members of the board of directors. The board shall appoint its secretary and
treasurer and create such other positions as it may deem necessary for the
management of the chapter.
The ligas are primarill{ governed b1{the provisions of the Local Government
Code. H01vwer, their respective constitution and bl{-laws shall govern all
other matters affecting the internal organization of the liga not otherwise
provided for in the Local Government Code provided that the constitution
and b1{-laws shall be suppletor1{ to the provisions of Book III, Title VI of the
Local Government Code and shall alwa1{s confoY1n to the provisions of the
Constitution and existing laws."
Hence, in light of the disparate opinions on the issue, we suggest that the concerned
parties bring the matter to the Court, if the circumstances warrant the same.
Very truly yours,
~
AUSTERE A. PANADERO
Undersecretary
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