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Legal Opinions

 

PUNONG BARANGAY
OPINION NO.
ISSUES
 DOWNLOAD 
a) Powers, Duties, Functions
1999-08

 ISSUANCE OF A BARANGAY CLEARANCE AND A BUILDING PERMIT OVER A LAND UNDER DISPUTE

1) Whether or not a Barangay Captain is authorized to issue a Barangay Clearance for the establishment of a business over a land under dispute, the case of which is still pending in court? and

2) Whether or not the City Engineer's Office is authorized to issue a building permit over said land under dispute?

2002-25

Letter-query relative to the following issues:

 1) Whether or not it is legal for the Punong Barangay to appoint her husband as Barangay Tanod after complying with the requirement on concurrence of the majority of the members of the Sangguniang Barangay.

2) Whether or not the act is in violation of RA 6713 or the Code of Conduct and Ethical Standards of Public Officials and Employees.

2003-49  Is the act of the Municipal Health Officer in pushing for the accommodation of the former barangay health workers over the newly appointed workers valid?
2003-59 Whether or not Punong Barangay Johnny Daliling has sufficient reason to deny our request for clearance
2003-63 Opinion relative to the allocation of the 10% SK fund wherein the punong barangay and members of the barangay council was planning to appropriate some amount (from the 10% SK funds) to augment the construction of the Barangay Health Center
2003-64 Clarification on whether it was enough that a Punong Barangay has imposed on the barangay treasurer a suspension memo of fifteen days without compensation and upon her reinstatement, and made it clear that any repetition of the offense would merit her dismissal
2008-194

1) Whether or not the barangay captain has the authority to discipline sangguniang barangay members on his own and as a consequence thereof, order the suspension of payment or withholding of their honorarium and exclusion of their names from the payroll without due notice to the members

2) Sanctions for failure to comply with the prescriptive period prolonging the mediation proceedings up to more than three months instead of constituting the Pangkat ng Tagapagkasundo to hear the matter

3) Sanctions for failure to constitute lupon and/or pangkat ng tagapagkasundo

2009-212 Opinion as to whether or not local chief executives (Punong Barangay, Mayor & Governor) are authorized to possessed and carry firearms within their territorial jurisdiction without a permit to carry firearms outside of residence (PTCFOR)
2010-230

1) Is the elected Punong Barangay allowed to perform his official duties, powers and functions inherent to the position while he is being incarcerated?

2) If the answer is in the negative, due to temporary incapacity, can said Punong Barangay be qualified to run as officer of the Liga ng mga Barangay?

2010-231

Issues related to the case of a Punong Barangay who is presently under detention for having
been charged of Murder which is an unbailable offense:

1) Can the detained PB legally appoint the treasurer, secretary and other officials of the barangay? If not, who has the authority to make such appointment and perform the other functions of the Punong Barangay?
2) If said PB was re-elected in the last barangay and SK elections, can he run for ABC president and/or cast his vote in the forthcoming election for ABC or LIGA officers? If not, who then can take his place in the said election?

b) Appointment, Appointing Authority of
2003-44

1) Whether or not your appointment by the Mayor as Punong Barangay of Butigue, Paracelis, Mountain Province is valid; and

2) Whether or not the Mayor, as the appointing authority, can revoke your appointment.

2005-108

1) Whether or not a Municipal Mayor have the authority to implement the penalty imposed upon PB Busal.

2) Whether or not the highest-ranked Barangay Kagawad would assume the office of the Punong Barangay.

3) If the answer in the second issue is in the affirmative, whether or not the new Punong Barangay can appoint the Barangay Treasurer and Barangay Secretary.

4) Can the Municipal Mayor administer the oath of office of the highest ranked Barangay Kagawad before he assumes the office of the Punong Barangay.

c) Complaint Against/Suspension
2005-100

 Issues regarding the discipline of a Punong Barangay who is an ex-officio member of the Sangguniang Bayan (SB) being the President of the Liga ng mga Barangay, Municipal Chapter:

1) Whether or not the barangay captain in his capacity as president of an NGO could enter into a contract with the DENR.

2) Whether or not the Sangguniang Bayan wherein the Barangay Captain is an exofficio member is the legal body to hear the case.

3) Whether or not there is forum shopping in the side of the complainants

2005-108

1) Whether or not a Municipal Mayor have the authority to implement the penalty imposed upon PB Busal.

2) Whether or not the highest-ranked Barangay Kagawad would assume the office of the Punong Barangay.

3) If the answer in the second issue is in the affirmative, whether or not the new Punong Barangay can appoint the Barangay Treasurer and Barangay Secretary.

4) Can the Municipal Mayor administer the oath of office of the highest ranked Barangay Kagawad before he assumes the office of the Punong Barangay.

 

2005-112

Enlightenment on some issues relative to the Order of the Ombudsman suspending the Punong Barangay of Tagodtod, Lagangilang, Abra for a period of one (1) year without pay:

1) When shall be the effectivity of the suspension of the Punong Barangay as well as the assumption of the highest ranked Kagawad as Acting Punong Barangay;

2) Will the Acting Punong Barangay receive an honorarium equivalent to that of the Punong Barangay?

3) Can the Acting Punong Barangay terminate the services of the barangay secretary and the barangay treasurer if they fail or refuse to cooperate or work well with him?

2007-148

1) Whether or not the Barangay Treasurer can be replaced by the Punong Barangay without the concurrence of the majority of all the members of the Sangguniang Barangay

2) Within ninety (90) days prior to any local elections, can an administrative complaint and a case for graft and corruption against a Punong Barangay be filed with the Sangguniang Bayan or with the Ombudsman?

d) Powers and Privileges of Acting
2005-112

Enlightenment on some issues relative to the Order of the Ombudsman suspending the Punong Barangay of Tagodtod, Lagangilang, Abra for a period of one (1) year without pay:

1) When shall be the effectivity of the suspension of the Punong Barangay as well as the assumption of the highest ranked Kagawad as Acting Punong Barangay;

2) Will the Acting Punong Barangay receive an honorarium equivalent to that of the Punong Barangay?

3) Can the Acting Punong Barangay terminate the services of the barangay secretary and the barangay treasurer if they fail or refuse to cooperate or work well with him?

2006-138 Whether or not an Acting Punong Barangay is still in an acting capacity as Punong Barangay
e) Vacancy
2010-222 Opinion as to whether or not a Local Chief Executive (LCE) who is confined in a hospital in Manila, and therefore considered on sick leave, could still continue to approve disbursements and sign checks of the Municipality
2010-229

Issues relative to the impending vacancy in the office of the Punong Barangay of Lubong, Calanasan, Apayao due to the absence of a candidate for said position in the just-concluded Synchronized Barangay and SK Elections:

-If the highest ranking sanggunian barangay member and the other succeeding sangguniang barangay members refuse to assume in the Office of the Punong Barangay, what will be the effect to them?

-Can the highest and succeeding sangguniang barangay members waive their right if they refuse to assume in the office of the Punong Barangay?

 

2010-230

-Is the elected Punong Barangay allowed to perform his official duties, powers and functions inherent to the position while he is being incarcerated?

2010-231

Opinion regarding some issues related to the case of a Punong Barangay who is presently under detention for having been charged of Murder which is an unbailable offense:

1) Can the detained PB legally appoint the treasurer, secretary and other officials of the barangay? If not, who has the authority to make such appointment and perform the other functions of the Punong Barangay?

2) If said PB was re-elected in the last barangay and SK elections, can he run for ABC president and/or cast his vote in the forthcoming election for ABC or LIGA officers? If not, who then can take his place in the said election?


 

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