Appointment Brgy Treasurer — DILG Region I opinion letter

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Regional Office No. l, San Fernando City, La Union Tel. Nos. (072) 883-21-08;7A0-57-46;888-22-89;700-27-01;700'36-79; 607 -12-45 Fax Nos. 888-22-94: 7 OA-27 -43 validity of your appointment since, upon being informed, you immediately relinquished such position. Also, the absence of proper turn-over involving the past barangay treasurer will not affect the validity of your appointment since you qualified and appointed to such position. This Office would like to note that there are no valid grounds that would disqualify you from beingthe appointed BarangayTreasurer ofyour Barangay' Now, on the matter of appointing Arnold Bello as a Temporary Barangay Treasurer of your Barangay. This Office opines that the act of the Punong Barangay and the Sangguniang Barangay Members in appointing a temporary barangay treasurer is invalid' illegal and contrary to law. Under the law, an appointment to any position can only be made when there is a PERMANENT VACANCY or TEMPORARY VACANCY to any government position. The position of Barangay Treasurer of Barangay Francia west is not vacant because you have legal title to such position being the appointed Barangay Treasurer' which is valid and in compliance with the requirements of the Local Government code of the Philippines' The Barangay Officials of your Barangay did not revoke your appointment as a Barangay Treasurer. Hence, there is no vacancy to such position that would justify the appointment of Mr. Arnold Bello in a temporary capacity' As to the validity and legality of the Internal Agreement made by the Punong Barangay and sangguniang Barangay Members. This office opines that it is a blatant violation of the Equal Protection clause as provided by Article lll of the Philippine constitution. The lnternal Agreement signed by the Barangay officials concerned will tolerate discrimination in the Local Government' However, since the Internal Agreement is not embodied in a resolution or an ordinance, the same has no legal effect. The internal agreement cannot be the basis of any action by the Barangay Officials. lt cannot be the rule to be followed by the Barangay officials. so, any concerned citizen may question such internal agreement' And if the Barangay officials will still follow such internal agreement, they can be subjected to administrative disciplinary action' Wehopetohaveenlightenedyouontheissueathand'ouropinion,however,is without preiudice to any *ting or opinion rendered by a higher authority or a competent tribunal' Very trulY Yours, . BIASON, CESO lll Relional Director j I legaUIx celebratirug 20 Years of Local Autonomy in t.he Philippines