01 March 2012

Hon. Melanio R. Pronto
Hon. Wilson P. Pamintuan
Sangguniang Barangay Members
Brgy. Sta. Lucia, Magalang, Pampanga

Dear Messrs. Pronto & Pamintuan,

This has reference to your letter requesting our legal action on matters raised therein.

The first issue may well be treated by rendering legal opinion on the issue of the legality of appointment of a brother-in-law of the Punong Barangay as your Barangay Secretary.

As clearly mandated by the Local Government Code of 1991, such appointment is prohibited.  Hence, the appointment is void ab initio.  However, before an appointment must be issued by the Punong Barangay, the concurrence of the Sangguniang Barangay Members must be obtained first.  The purpose of obtaining the concurrence of the August Body is to determine whether or not the recommended person is qualified.  This is the sole function of the Sangguniang Barangay in the appointing process.

Be that as it may, whether such appointment garnered the concurrence of your August Body, is of no moment considering that the appointment is prohibited by law and as such is void.  The person who appointed and even those who might have concurred to such appointment may be criminally charged for Unlawful Appointment punishable under Art. 244 of the Revised Penal Code and is even susceptible to administrative liability.
 
With regard to the other request, we deem it proper to refer the same to our Provincial Director and MLGOO to investigate on that concern.

We hope to have enlightened you on this matter. 


Very truly yours,


(sgd.)                      
FLORIDA M. DIJAN, DPA, CESO IV
Regional Director

Copy Furnished:

ATTY. JESUS B. DOQUE, IV                    PD ANGELINA S. BLANCO   
Director-Legal Service (DILG Central)        Provincial Director-DILG Pampanga

MLGOO Marites C. Miranda            Hon. Ferdinand O. Sotto
DILG Magalang, Pampanga            Punong Barangay-Sta. Lucia