01 March 2012
NATIVIDAD Q. DUNGCA
MLGOO
DILG Mabalacat,
Pampanga
Dear MLGOO Dungca,
This pertains to your letter seeking our legal opinion regarding the request for leave of SAngguniang Barangay Member Ryan G. Timbang of Brgy. San Joaquin, Mabalacat, Pampanga.
Per your representation, SB Member Timbang only served two and a half (2-1/2) months when he applied for leave of absence for three (3) months (15 Mar. – 15 June 2011) because he went abroad. On 16 June 2011, he extended his leave for another six (6) months. Punong Barangay Rafael G. Pascual granted both applications.
After the lapse of said leave of absences, SBM Timbang would like to request for another three (3) months extension of leave. This time, the application is still pending approval by PB Rafael.
In DILG Opinion No. 27, series of 2009, this Department opined that Sec. 47 of R.A. 7160 and Art. 84 of its Implementing Rules and Regulations are still governing rule pertaining to the filing of leave of absences of the members of the sanggunian, except the Barangays.
However, Memorandum Circular No. 2001-52 re: Rules and Regulations Governing the Foreign Travel of Local Government Officials and Employees (08 May 2001); MC No. 2006-22 re: Amending MC 2001-52 dated 08 May 2001, entitled, Rules and Regulations Governing Foreign Travel of Local Government Officials and Employees (06 May 2006); and MC No. 2006-163 re Foreign Travel of Local Government Officials and Employees (30 November 2006) are guidance for the application and approval of application for leave of absences. Based on these issuances, if the sanggunian member intends to pursue a personal or private trip that does not extend to more than three (3) months, or when such trip is to be undertaken during a period where there is no emergency or crisis, said sanggunian member shall notify the concerned Local Chief Executive in writing, with the duly accomplished leave application filed for the approval, or other appropriate action of the Local Chief Executive. In the event that the leave application is approved, the said approved leave application shall serve as the Travel Authorization relative to such personal or private trip. Before leaving, said sanggunian member shall also notify his sanggunian.
On the other hand, if the period of personal or private trip of the sanggunian member extends to more than three (3) months, or during a period of emergency or crisis, a travel authority from the Honorable Secretary of the Interior and Local Government is required.
It is also worthy to note that in reviewing the leave of absence to pursue a personal or private trip, all concerned local authorities are enjoined to see to it that: (a) the performance or delivery of local governmental functions and services is not prejudiced by the absence of the concerned personnel; and (b) all clearances as may be required by law, public policy or local rules and regulations are complied with.
Whether SB member Timbang is still entitled for another extension may be best determined by the concerned Punong Barangay. It is the PB who is in the best position to determine whether or not the applicant deserves another extension. However, the Punong Barangay may not outrightly remove the absentee Sangguniang Barangay Member or have his name dropped from the payroll as this would be tantamount to removal from office without due process.
However, it is evident that SB Member Timbang has no available leave credits. It is therefore reasonable for the Punong Barangay to ask the applicant to file his resignation as he can no longer perform his functions and duties as Sangguniang Barangay Member. The protracted absence of SB Member Timbang is prejudicial to their constituents for being deprived of the services expected from a public servant they chose.
Hope this resolves your concern.
Very truly yours,
(sgd.)
FLORIDA M. DIJAN, DPA, CESO IV
Regional Director
Copy Furnished:
PD Angelina S. Blanco
DILG Pampanga
