Legal Opinion on the Nature and Extent of the Sangguniang Barangay’s Concurrence in Barangay Appointments

Ro BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City DILG OPINION NO, ff “6 9n% JUN 16 2026 HON. CYNTHIA M. QUEJANO Rizal, Magsaysay, Palawan cmquejano@gmail.com 0947-271-3715 0927-840-7062 Subject: Legal Opinion on the Nature and Extent of the Sangguniang Barangay’s Concurrence in Barangay Appointments Dear Hon. Quejano: This refers to your letter dated September 30, 2025 requesting the reconsideration of the legal opinions previously issued by this Department concerning the concurrence of the Sangguniang Barangay in appointments made by the Punong Barangay. At the outset, we reiterate that the appointing authority is primarily vested in the Punong Barangay under the Local Government Code (LGC).' Had the law intended to grant the Sangguniang Barangay the authority to appoint its own preferred candidate, it would have expressly provided that the appointment shall be made “by the Punong Barangay and the Sangguniang Barangay.” Instead, the law deliberately states that the appointment shall be made by the Punong Barangay “with the concurrence of the majority of all the members of the Sangguniang Barangay.” This Statutory language clearly places the appointing prerogative with the Punong Barangay, subject only to the concurrence as a check. It is likewise the position of this Department that the concurrence of the Sangguniang Barangay is not purely ministerial in all instances. If the law intended the Sanggunian’s participation to be a mere formality, it would have employed terms such as “with notice to” or “shall be reported to.” The use of the word “concurrence” necessarily implies a requirement for deliberation and approval. Consistent with this interpretation, the Department has maintained that the Sangguniang Barangay may, upon deliberation, refuse concurrence based on the qualifications or disqualifications of the appointee. At the same time, the Department recognizes that the power of appointment must be exercised conjointly by the Punong Barangay and the majority of all the members of the Sangguniang Barangay, as affirmed by the Supreme Court in the case of Alquizola ‘ Section 394. Barangay Secretary: Appointment, Qualifications, Powers and Duties (a) The barangay secretary shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. xxx Section 395. Barangay Treasurer: Appointment, Qualifications, Powers and Duties (a) The barangay treasurer shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. xxx “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454