Can MANGATA be elevated as ABC President, albeit he assumed the office of Punong Barangay by way succession

[ Digital p. 1 of 3 ] * * 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 [ Digital p. 2 of 3 ] under Section 4, Article XII (Term and Tenure of Office and Vacancies) of the 2010 Constitution and By-Laws of the Liga ng mga Barangay sa Pilipinas, to wit: SECTION 4. GROUNDS FOR REMOVAL FROM OFFICE. THE FOLLOWING SHALL CONSTITUTE THE GROUND/S FOR REMOVAL OF A LIGA OFFICER OR MEMBER: A. DISLOYALTY TO THE REPUBLIC OF THE PHILIPPINES AND/OR THE LIGA NG MGA BARANGAY; B. CULPABLE VIOLATION OF THE PHILIPPINE CONSTITUTION AND/OR LIGA CONSTITUTION AND BY-LAWS; C. GROSS NEGLECT OF DUTY; D. COMMISSION OF, AND/OR- PARTICIPATION IN THE COMMISSION OF ANY OFFENSE INVOLVING MORAL TURPITUDE OR AN OFFENSE PUNISHABLE BY AN IMPRISONMENT OF NOT LESS THAN PRISION MAYOR; GRAVE ABUSE OF AUTHORITY; APPLICATION FOR OR ACQUISITION OF FOREIGN CITIZENSHIP OR RESIDENCE OR A STATUS OF AN IMMIGRANT OF ANOTHER COUNTRY: G. WILLFUL OR MALICIOUS WITHHOLDING, NON-PAYMENT OR NON-REMITTANCE OF LIGA DUES; H. ANY OTHER CONDUCT PREJUDICIAL TO THE INTEREST OF THE NATIONAL LIGA OR THE LOCAL LIGA CHAPTER CONCERNED; |. CONVICTION BY FINAL JUDGMENT OF ANY CRIMINAL AND/OR ADMINISTRATIVE OFFENSE; J. INSUBORDINATION AS MANIFESTED BY REFUSAL TO OBEY AND/OR DEFIANCE OF ANY LAWFUL ORDER, DIRECTIVE, MEMORANDUM AND THE LIKE; K. REPETITION OF ANY GROUNDS FOR SUSPENSION ENUMERATED IN THE PREVIOUS PARAGRAPH; AND L. SUCH OTHER GROUND AS PROVIDED BY REPUBLIC ACT NO. 7160 OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, RA. NO. 6713, RA. NO. 3019, THE ADMINISTRATIVE CODE OF 1987, THE REVISED PENAL CODE OF THE PHILIPPINES AND OTHER APPLICABLE LAW AND STATUTES. mm NO OTHER GROUNDS SHALL BE CONSIDERED SUFFICIENT BASIS FOR REMOVAL OF ANY OFFICER OF THE CHAPTER. Lastly, the procedure for removing a ABC President is found under Section 5. It is done by a written petition submitted to the Provincial Liga Board for review and verification, duly signed by at least two-thirds (2/3) of the general membership of the municipal or component city chapter concerned, excluding the respondent/s, in a general “Matino, Mahusay at Maaasahan” Trunkline No.: 8876-34-54 [ Digital p. 3 of 3 ] membership meeting called for the purpose. We hope to have guided you on the matter. Thank you. Very truly yours, BY AUTHORITY OF THE SECRETARY: ne =, ATTY. ROMEO P. BENITEZ Undersecretary for External, Legal and Legislative Affairs LLLS/RPBL/LRALLD/sbi/kbm/OD “Matino, Mahusay at Maaasahan” Trunkline No.: 8876-34-54