Appointment of Brgy Treasurer — DILG Region I opinion letter

Republic of the Philippines DEPARTMEI{T OT THE II{TERIOR AND LOCAL GOVERIT}IENT Regional Offrce I, City of San Fernando, La Llnion TelephoneNunrber(O72\888 2108.7OO5746. 88822a9. 7OO2701 .7OO3979, 6O7 1245 www.dilgregiott l com DILG Opinion No. 17, series of 2009 laid down the principle regarding the power of appoinrment of Punong Barangay with the conclurence of the SB. It provides that *while the power to con&r is gtven to the SB, said body is not vested with so much plenary dbcretionary powers- The power to conar is intended for the Sanggunian to determine whether or not the appointee of the Punong Baraagay possesses aII the qualifrcations prescibed for Barangay secretary under Section 394 of the Loca| Government Code and such other qualifrcations prouided for by eristing laws such as relative within the 4 ciuil degree w if the appointee possesses aII the qualificatioas prouided for by law then the Sangpniang Barangay has no other far-reaching powe$ except to issue the concunence. Exceeding that limitation, the Sangguaiang Barangay would already be in effect the appointing authority and prerogative of a htnong Barangay, who is vested the power by the Local Government Code to appoint the Barangay Secretary. In addition, the Punong Barangay is not liable for gross negligence or dereliction of duty as discussed above. He cannot be compelled by the Sangguniang Barangay to appoint somebody else for the position of treasurer unless the appointee fails to qualify as provided for by law. The SB should take note that the power to appoint is vested with the Punong Barangay and not shared with the SB. The power given to SB is the power to concur not the power to appoint. The power to concur is the power to determine whether or not the appointee of the Punong Barangay possesses all the qualifications and none of the disqualifications as provided for by law. If the SB finds the Barangay Treasurer committing irregularities in the performance of her duties, they can file a criminal, administrative or civil case against the barangay treasurer. Irregularities in the performance of official duty or lost of trust and confidence are not valid grounds for the SB not to give their concurrence to the appointee of Punong Barangay. I hope to have enlightened you on the issues at hand. This opinion, however, is without prejudice ro any ruling or opinion rendered by a higher authority or a competent tribunal. For your information and reference. CC: OIC-PD VICTORIA H. RAMOS DILC TLOCOS SUR BANTAY. ILOCOSSUR ft'snpre fmh the Philipines 'ffi