ILOILO – Barangay Linobayan in Tigbauan town could be left without elected village officials to run its affairs if the mass resignation of its entire barangay leadership takes effect, a situation that may require the intervention of the Department of the Interior and Local Government (DILG) Central Office and the possible designation of a temporary caretaker.
DILG-Iloilo province director Dino Ponsaron said the usual rule on automatic succession under the Local Government Code cannot apply if all barangay officials vacate their posts simultaneously because no elected official would remain to succeed the punong barangay.
Barangay Captain Rene Taño, all seven barangay council members – Efren Tayag, Johnny Vale, Rico Taño, Leticia Tresplacios, Letecia Tasic, Mary Rose Agapay-Sagala and Joesa Mae Mendez – and Sangguniang Kabataan (SK) chairman EJelyn Claire Casio submitted their resignation letters to the office of Mayor Virgilio Teruel on Aug. 26.
Their resignations are intended to take effect on Sept. 10.
The mass resignation stemmed from the barangay officials’ frustration over a poultry farm in an adjacent barangay that they blamed for foul odor and a proliferation of flies affecting Linobayan residents.
Ponsaron clarified, however, that the filing of the resignation letters does not automatically mean the officials have already vacated their positions.
Teruel must first act on the resignations.
The mayor has yet to decide whether to accept them and is consulting Local Government Operations Officer VI Giselle Grace G. Gerial, Tigbauan’s municipal LGOO, regarding the possible consequences and remedies should the resignations be accepted.
Under Section 82, Paragraph C of the Local Government Code of 1991, however, a resignation is deemed accepted if the proper authority fails to act on it within 15 days from receipt.
Ponsaron outlined two possible scenarios.
The first would involve the mayor accepting the resignations separately or gradually, which could allow the normal succession mechanism under the Local Government Code to operate.
The resulting vacancy in the barangay council could then be filled under provisions of the Local Government Code, with the council recommending or submitting nominees to the mayor for appointment.
The more complicated scenario would arise if the resignations of all Linobayan officials take effect simultaneously.
With no remaining barangay official, there would be nobody to assume the vacant positions through automatic succession.
“Well, that is very difficult situation. So, ang matabo sina indi puede si mayor nga maka-appoint sang somebody that will become the barangay officials or the punong barangay but ang pinaka-logical nga himuon is mapasa sila sang report diri sa amon and then ang report we will forward to DILG-6 and then the regional office will forward to Central Office and mahulat kita sang guidelines sang Central Office on what to do regarding that situation,” Ponsaron said.
He said a similar case had previously occurred in another barangay in Western Visayas where all barangay officials resigned.
In that instance, according to Ponsaron, the DILG Central Office directed the DILG-6 regional director to serve as caretaker of the affected barangay.
Ponsaron stressed, however, that the previous case does not necessarily mean the same arrangement would be adopted for Linobayan.
“For now its very premature to preempt kon ano ang mangin action sang Central Office namon regarding this, if that situation nga matabo,” he said.
Ponsaron also acknowledged that the Linobayan officials have the right to resign from their positions for their stated reasons.
DILG-6 Legal Officer Atty. Junine Wednesday Java likewise said intervention from the department’s Central Office would be necessary should the mass resignations take effect.
Java said the rule of succession would not apply because all barangay officials had submitted their resignations.
Based on similar cases in previous years, she said the DILG secretary could possibly designate a temporary caretaker to ensure that basic government services and the needs of Linobayan residents would not be disrupted while the leadership issue is being resolved./PN
