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DILG legal opinionSource checked

Session — DILG Region I opinion letter

DILG Region I letter dated 2011-11-03 — Session · 2011 · DILG regional legal opinions — verified official source

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REPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Regional Office No. l, San Fernando City, La Union Tel. Nos. (072) 888-21-08; 700-57-46;888-22-89;700-27-01;700-36-79;607-72-4s Fax Nos. 888-22-94: 7 OO-27 -03 November 3, 2011 LOVELY VALENTINE J. ARZABAL SK Federated President Alilem, llocos Sur ffi, Madam: This has reference to your letter requesting this Office a clarification on whether an elective official, specifically a Sangguniang Bayan Member, who were not be able to attend a regular SB session on valid reasons scheduled on a Monday be considered absent for the whole week thereof. The answer is in the negative since the basis of the compensation of a Sangguniang Bayan Member and Ex-Oficio Member of the SB is based on a salary (Local Government Code of 1991). Hence, the attendance or non-attendance of SBM to the SB session is not the same as to Barangay sessions where absence thereof will affect the Honorarium of the Barangay Official. So, absence for one (1) day does not mean absence for a period of five (5) days being contrary to law and the Civil Service Rules. The cause of your absence in the SB session, whether valid or not, will not alter the fact that you were ABSENT on SB Sessions (December 6,2OLO and December 13, 2010). The effect of having a valid reason to be absent is to save the SBM from being penalized from non-attendance to the session. Being absent means that the SBM did not render any work, hence, he is not entitled to receive his/her salary on the same date where he/she is absent. Therefore, you are only absent for two (2) days and not ten (10) days subject to the penalty to be imposed based from the Internal Rules and Procedures of the Sangguniang Bayan. The Internal Rules and Procedures of the SB govern the attendance or non-attendance of Sangguniang Members to sessions. The IRP may provide penalty or fine to members who absent themselves from sessions. So, an absent Member is subject to penalty or fine as provided for in the lRP. We hope we had addressed your concern. F[.-J rvrnruu{rrd. BtASoN, cESo lll fegional Directorl I Celebrating 20 Years of Local Autonornv in the Philippines