LEGAL LENS

The Supreme Court says 𝐍𝐎.

In its 2023 Decision (A.C. No. 13219, In re: G.R. Nos. 226935, 228238, and 228325 v. Atty. Richard R. Enojo), the Court clarified that under Section 481(b) of the Local Government Code, a legal officer’s functions cover only the official acts of LGU officials, which are deemed acts of the LGU itself.

Charges before the Ombudsman allege acts or omissions that may be illegal, unjust, improper, or inefficient—actions that are considered personal, not official—and thus outside the scope of the legal officer’s duties. Hence, representing such officials in Ombudsman cases creates a conflict of interest and amounts to unauthorized practice of law.

Read the full text of the case at: https://sc.judiciary.gov.ph/13219-in-re-g-r-nos-226935.../ 

—In 𝐃𝐈𝐋𝐆 𝐋𝐞𝐠𝐚𝐥 𝐎𝐩𝐢𝐧𝐢𝐨𝐧 𝐍𝐨. 𝟏𝟎𝟐, 𝐬𝐞𝐫𝐢𝐞𝐬 𝐨𝐟 𝟐𝟎𝟐𝟒, the Department clarified that the Local Government Code (Sec. 52 [e] and Sec. 469 [c]) clearly requires the Sanggunian to keep a 𝐉𝐎𝐔𝐑𝐍𝐀𝐋 of its proceedings.

However, keeping both journals and minutes are not mutually exclusive. For while journals are more detailed and comprehensive, minutes highlight key discussions of the Saggunian. Thus, it is ideal and practical for the Sanggunian to maintain both documents as they both serve complementary functions in ensuring the efficacy and efficiency of the sanggunian operations.

Read the full text of DILG LO 102, s. 2024 at: https://tinyurl.com/LO102s2024

Under Secs. 397-398 of the Local Government Code, every barangay must hold an assembly 𝙖𝙩 𝙡𝙚𝙖𝙨𝙩 𝙩𝙬𝙞𝙘𝙚 𝙖 𝙮𝙚𝙖𝙧.

This is reinforced by Proclamation No. 599, s. 2018, declaring the Saturdays and Sundays of March and 𝐎𝐜𝐭𝐨𝐛𝐞𝐫 as Barangay Assembly Days.

Open to all residents 15 years old and above, the Barangay Assembly is your opportunity to:

• Know where your barangay funds go

• Help shape community projects

• Raise issues that matter to you and your family

𝘍𝘰𝘳 𝘵𝘩𝘦 𝘴𝘤𝘩𝘦𝘥𝘶𝘭𝘦, 𝘱𝘭𝘦𝘢𝘴𝘦 𝘤𝘩𝘦𝘤𝘬 𝘵𝘩𝘦 𝘰𝘧𝘧𝘪𝘤𝘪𝘢𝘭 𝘯𝘰𝘵𝘪𝘤𝘦𝘴 𝘰𝘧 𝘺𝘰𝘶𝘳 𝘣𝘢𝘳𝘢𝘯𝘨𝘢𝘺.

In this 2025 ruling, the Supreme Court nullified a local ordinance that banned all large-scale mining activities within the LGU’s jurisdiction for being contrary to the Philippine Mining Act (Republic Act No. 7942).

The Court reaffirmed the doctrine that where national law already regulates an activity (in this case, mining), 𝐋𝐆𝐔𝐬 𝐜𝐚𝐧𝐧𝐨𝐭 𝐞𝐧𝐚𝐜𝐭 𝐨𝐫𝐝𝐢𝐧𝐚𝐧𝐜𝐞𝐬 𝐭𝐡𝐚𝐭 𝐜𝐨𝐧𝐭𝐫𝐚𝐝𝐢𝐜𝐭, 𝐞𝐱𝐩𝐚𝐧𝐝, 𝐨𝐫 𝐫𝐞𝐬𝐭𝐫𝐢𝐜𝐭 𝐭𝐡𝐞 𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐟𝐫𝐚𝐦𝐞𝐰𝐨𝐫𝐤 𝐛𝐞𝐲𝐨𝐧𝐝 𝐰𝐡𝐚𝐭 𝐢𝐬 𝐚𝐥𝐥𝐨𝐰𝐞𝐝. 𝐋𝐨𝐜𝐚𝐥 𝐨𝐫𝐝𝐢𝐧𝐚𝐧𝐜𝐞𝐬 𝐚𝐫𝐞 𝐬𝐮𝐛𝐨𝐫𝐝𝐢𝐧𝐚𝐭𝐞 𝐭𝐨 𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐥𝐚𝐰.

The 𝐒𝐚𝐧𝐠𝐠𝐮𝐧𝐢𝐚𝐧𝐠 𝐊𝐚𝐛𝐚𝐭𝐚𝐚𝐧 𝐎𝐟𝐟𝐢𝐜𝐢𝐚𝐥 𝐄𝐥𝐢𝐠𝐢𝐛𝐢𝐥𝐢𝐭𝐲 (𝐒𝐊𝐎𝐄) is a civil service eligibility granted under CSC Resolution No. 2500752 (July 24, 2025) pursuant to Republic Act No. 11768 or the SK Reform Act.

It recognizes the service of SK officials and qualifies them for first-level positions in the career service, except those requiring special eligibilities or covered by board laws.

The following SK officials 𝐢𝐧 𝐠𝐨𝐨𝐝 𝐬𝐭𝐚𝐧𝐝𝐢𝐧𝐠 are qualified:

✔︎ Elected and appointed SK officials (members, secretaries, and treasurers) who completed a full three-year term or its equivalent;

✔︎ Those in office upon the effectivity of R.A. 11768 (June 1, 2022), including those who served during the 2018–2022 term; and

✔︎Those not related within the second civil degree to any incumbent elected regional, provincial, city, municipal, or barangay official in the same locality. (Sec. 7)

Starting October 5, 2025, qualified SK officials may apply at the CSC Regional Office where they served or at the nearest CSC Field Office.

𝙉𝙤𝙩𝙚: 𝘚𝘒 𝘊𝘩𝘢𝘪𝘳𝘱𝘦𝘳𝘴𝘰𝘯𝘴 𝘢𝘳𝘦 𝘤𝘰𝘷𝘦𝘳𝘦𝘥 𝘶𝘯𝘥𝘦𝘳 𝘵𝘩𝘦 𝘉𝘢𝘳𝘢𝘯𝘨𝘢𝘺 𝘖𝘧𝘧𝘪𝘤𝘪𝘢𝘭 𝘌𝘭𝘪𝘨𝘪𝘣𝘪𝘭𝘪𝘵𝘺 (𝘉𝘖𝘌), 𝘯𝘰𝘵 𝘵𝘩𝘦 𝘚𝘒𝘖𝘌.

You may read and download the full text of CSC Resolution No. 2500752 here: https://csc.gov.ph/.../cate.../541-csc-resolution-no-2500725

For any inquiries, you may visit the nearest DILG office in your area.

Think the 𝘒𝘢𝘵𝘢𝘳𝘶𝘯𝘨𝘢𝘯𝘨 𝘗𝘢𝘮𝘣𝘢𝘳𝘢𝘯𝘨𝘢𝘺 is a court?

𝐈𝐭’𝐬 𝐧𝐨𝐭. It’s a community-based system that helps neighbors settle disputes peacefully before going to court.

Because justice doesn’t always mean judgment — sometimes, it starts with dialogue.

𝘓𝘦𝘨𝘢𝘭 𝘉𝘢𝘴𝘪𝘴: Sections 399–422, Local Government Code (RA 7160)

This week's focus: "𝘔𝘢𝘯𝘨𝘶𝘥𝘢𝘥𝘢𝘵𝘶 𝘷. 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘰𝘯 𝘌𝘭𝘦𝘤𝘵𝘪𝘰𝘯𝘴, 𝘦𝘵 𝘢𝘭. 𝘎.𝘙. 𝘕𝘰𝘴. 260219 & 260231, 𝘈𝘱𝘳𝘪𝘭 22, 2025"

In this recent ruling, the Supreme Court expressly 𝐚𝐛𝐚𝐧𝐝𝐨𝐧𝐞𝐝 𝐭𝐡𝐞 "𝐬𝐞𝐜𝐨𝐧𝐝 𝐩𝐥𝐚𝐜𝐞𝐫 𝐫𝐮𝐥𝐞," stressing that vacancies 𝐦𝐮𝐬𝐭 𝐛𝐞 𝐟𝐢𝐥𝐥𝐞𝐝 𝐭𝐡𝐫𝐨𝐮𝐠𝐡 𝐬𝐮𝐜𝐜𝐞𝐬𝐬𝐢𝐨𝐧 under the Local Government Code (LGC) — not by proclaiming the second placer — when the winning candidate is disqualified or found ineligible.

The Court explained that the second placer rule, as laid down in previous decisions, has no legal basis and undermines the people’s choice in every election.

Under the 𝘓𝘎𝘊, permanent vacancies are filled through succession, in accordance with:

• 𝙎𝙚𝙘𝙩𝙞𝙤𝙣 44 — for Governor, Vice-Governor, Mayor, and Vice-Mayor

• 𝙎𝙚𝙘𝙩𝙞𝙤𝙣 45 — for Sanggunian members

Read the full text of the case at https://tinyurl.com/PaxAlivsCOMELEC

Many think the 𝐋𝐨𝐜𝐚𝐥 𝐆𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐂𝐨𝐝𝐞 𝐨𝐟 𝟏𝟗𝟗𝟏 (𝐑𝐀 𝟕𝟏𝟔𝟎) only concerns mayors, governors, and councilors (sanggunian members) because it outlines their powers and duties. But this is far from the truth.

The Code was enacted to bring government closer to the people. It is not just a guide for officials, it is a citizens’ charter for local governance, shaping how services are delivered, projects are prioritized, and public funds are used.

For instance:

𝐁𝐚𝐬𝐢𝐜 𝐒𝐞𝐫𝐯𝐢𝐜𝐞𝐬 – LGUs must deliver health care, social welfare, waste management, and disaster preparedness (𝐒𝐞𝐜. 𝟏𝟕).

𝐋𝐨𝐜𝐚𝐥 𝐅𝐮𝐧𝐝𝐬 – LGUs can collect local taxes and must use part of their National Tax Allotment (formerly Internal Revenue Allotment) for development projects (𝐒𝐞𝐜𝐬. 𝟏𝟐𝟗 & 𝟐𝟖𝟕).

𝐏𝐞𝐨𝐩𝐥𝐞’𝐬 𝐏𝐚𝐫𝐭𝐢𝐜𝐢𝐩𝐚𝐭𝐢𝐨𝐧 – Citizens have the right to join barangay assemblies and local councils (𝐒𝐞𝐜. 𝟑𝟗𝟖).

By knowing the Code, citizens can monitor performance, demand transparency, and ensure that community needs guide local action.

𝑰𝒏 𝒔𝒉𝒐𝒓𝒕: The Local Government Code empowers both the leaders and the people.

𝐊𝐧𝐨𝐰 𝐲𝐨𝐮𝐫 𝐂𝐨𝐝𝐞. 𝐊𝐧𝐨𝐰 𝐲𝐨𝐮𝐫 𝐏𝐨𝐰𝐞𝐫.

𝐑𝐞𝐩𝐮𝐛𝐥𝐢𝐜 𝐀𝐜𝐭 𝐍𝐨. 𝟏𝟐𝟐𝟑𝟐: An Act Setting the Term of Office of Barangay Officials and Members of the Sangguniang Kabataan

References:

Full text of RA 12232: https://www.officialgazette.gov.ph/.../republic-act-no.../

Supreme Court Press Briefer re Constitutionality of RA 12232: https://tinyurl.com/3a9w6r9m

YES.  A Mayor may issue a show-cause order to an erring elective barangay official, not as a disciplinary act, but as part of the Mayor's general supervision to ensure that barangay officials act within the law. Any administrative case, however, must still be filed before the Sangguniang Panlungsod or Bayan, as the case may be, or the Ombudsman.

Read the full text of LO No. 156, s. 2025 at https://tinyurl.com/LO156series2025