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Can MANGATA be elevated as ABC President, albeit he assumed the office of Punong Barangay by way succession
DILG Opinion No. 124, s. 2025 · 2025 · DILG legal opinions — verified official source
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BAGONG PILIPINAS
Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City
www.dilg.gov.ph
SEP 16 2025 DILG OPINION NO. 124 = §. 2025
ATTY. AMENODIN U. SUMAGAYAN
Municipal Mayor
Municipality of Taraka, Province of Lanao del Sur
Dear Atty. Sumagayan:
This has reference to your request for the Department's opinion as regards the
qualifications and the maximum tenure of office of an ABC President.
We quote in verbatim your representations, to wit:
“Mr. Abdul Colangcag Mangata (MANGATA) has been the Association of
Barangay Councils (ABC) President of your [sic] Municipality for the past 20
years and up to the present. It appeared that after serving three (3) consecutive
term limits [sic] as Punong Barangay he would seek election as Barangay
Kagawad and thereafter assume the office of the Punong Barangay by way of
succession as nobody was elected to this office, and thereafter seek election as
ABC President.
Hence, the following issues were raised, to wit:
(1) Can MANGATA be elevated as ABC President, albeit he assumed the
office of Punong Barangay by way of succession?
(2) Can and how MANGATA be removed as ABC President?”
On the first issue, we opine in the affirmative. The Local Government Code (LGC) of
1991 does not prohibit a person, who assumed as Punong Barangay by way of
succession, from being elected as ABC President. Sec. 492 of the LGC merely
provides that “every barangay shall be represented in said liga by the punong
barangay”. It is a well known maxim in statutory construction that where the law does
not distinguish, we should not distinguish.
As regards you second query, the grounds for the removal of an ABC President is found
“Matino, Mahusay at Maaasahan”
Trunkline No.: 8876-34-54
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