Legal Opinion on the Role of the Sangguniang Barangay in Appointments Requiring Concurrence

eric IF” 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 OILG OPINION NO. 36 §, 202% JUN 15 2026 CYNTHIA M. QUEJANO Sanggunian Bayan Member Municipality of Magsaysay Province of Palawan cmquejano@gmail.com SUBJECT: Legal Opinion on the Role of the Sangguniang Barangay in Appointments Requiring Concurrence Dear Hon. Quejano: We acknowledge receipt of your letter raising concerns and requesting reconsideration of certain Department legal opinions, which you believe construe the concurrence of the Sangguniang Barangay in appointments made by the Punong Barangay as merely ministerial. In your letter, you emphasized that under Section 395 of the Local Government Code (Code), the requirement of concurrence by the majority of the Sangguniang Barangay could not have been intended by Congress as a hollow formality, but rather as a mechanism of checks and balance designed to ensure participatory governance at the barangay level. You further cited the Supreme Court's ruling in Alguizola v. Ocol' (Alquizola) to support the view that appointments requiring concurrence are conjoint acts, and expressed concern that treating concurrence as ministerial risks reducing the sanggunian into a mere “rubber stamp,” thereby weakening its role as a safeguard against bias, abuse of discretion, or disregard of community welfare by the appointing authority. The Department appreciates the candor of your views and your continued advocacy for accountability and shared governance at the grassroots level. However, the Department finds it necessary to clarify certain points and to reiterate that it has already adequately, clearly and consistently expressed its legal position on this matter. After a careful review of your arguments, the governing provisions of the Code, and prevailing jurisprudence, the Department finds no sufficient legal basis at this time to revisit or modify its established position, and thus will continue to stand by the same. At the outset, it bears stressing that neither the Department nor any of its issued legal opinions has ever taken the position that the power of appointment is unilateral, nor has the Department ever stated, expressly or impliedly, that concurrence by the Sangguniang Barangay is immaterial or a hollow formality. Nowhere in the Department's opinions was concurrence characterized as insignificant. On the ™GR. No. 132413, August 27, 1999. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454