Page 11 - 2013 Paganninawan 3rd Quarter

The Official Newsletter of the DILG Region 1 2013 11

CoINCIDe reorganized; LEGAL OPINION THREE-TERM LIMIT

Mayor Sales, new CMB Chair Atty. Joseph O. Apolonio
DILG Regional Legal Officer ISSUE:
Whether or not a Third Termer Sangguniang Barangay
Member (SBM) who became an OIC Punong Barangay (PB) due
TEMPORARY VACANCY to the preventive suspension of the PB-elect can still run for SBM.
OPINION:
ISSUE: Applying the case of Aldovino, Jr vs. COMELEC, there is no
Is the disapproval of the extension of the leave of absence vacancy in the office of PB so to speak because the elected PB
was only suspended preventively. In Short he is still the elected
of Punong Barangay by the Mayor tantamount to the permanent
PB but cannot perform the duties and function of his office.
vacancy of his office by operation of law.
In order that your assumption to higher office be considered an
interruption, there must be a permanent vacancy in the said
OPINION: office as provided for by Section 44 (d) of the Local Government
Extension of leave of absence of Punong Barangay Code, to wit: “xxx for purposes of this Chapter, a permanent
by the Mayor is not tantamount to permanent vacancy vacancy arises when an elective local official fills a higher
vacant office, refuses to assume office, fails to qualify, is
because, under Sec. 44 (d) of RA 7160, a permanent
removed from the office, voluntarily resigns or is otherwise
vacancy arises when an elective official fills a permanently incapacitated to discharge the function
higher vacant office, refuses to assume office, fails of his/her office.”
to qualify, dies, is removed from office, voluntarily Since there is no permanent vacany, the designation as OIC
resigns or is otherwise permanently incapacitated to PB is not an interruption to the position as SBM. Therefor,
discharge the functions of his/her office. Third-term SBM are no longer eligible to run for the same position.

DILG - LU assists in the 2013 The DILG La Union Provincial Office represented by
LGOO II Marife M. Doculan evaluated the Funding
Nutrition Program Evaluation Support for Nutrition Program and Program Efficiency
components of the monitoring tool. Particularly, the
degree of involvement of the Municipal Nutrition
The La Union Provincial Interagency Evaluation Team Committee (MNC) members, presence of nutrition
composed of the provincial offices of the national action plans, ordinances and resolutions supportive to
line agencies such as the Department of the Interior nutrition action program, and municipal funding allocation
and Local Government (DILG), Department of for nutrition programs were the areas assessed.
Labor and Employment (DOLE) and Department of Rank LGU Total Score
Education (DepEd), together with the Provincial 1 Burgos 94.9
Planning and Development Office, Provincial 2 Balaoan 93.5
Agriculture Office, Provincial Veterinary Office, 3 Bagulin 91.6
Provincial Social Welfare and Development Office, 4 Sto. Tomas 91.37
and Provincial Health Office conducted the annual 5 Bauang 90.65
Monitoring and Evaluation of Local Level Plan 6 Bangar 90.41
Implementation (MELLPI) of the Philippine Plan of 7 Agoo 90.02
Action for Nutrition (PPAN) at the municipal 8 Bacnotan 90
levels. Sixteen (16) out of the nineteen (19) 9 Luna 89.75
municipalities in the province were assessed. 10 Tubao 89.26
11 San Juan 88.72
The MELLPI of the PPAN is an annual monitoring 12 Caba 88.4
activity spearheaded by the Provincial Government 13 Santol 88.2
of La Union-Provincial Health Office-Nutrition 14 Pugo 87.88
Division which aims to: (1) assess progress of plan 15 Rosario 87.21
implementation; (2) identify strengths and weaknesses 16 Naguilian 86.44
in implementing the local nutrition program; (3) institute
appropriate corrective measures; and (4) facilitate All of the above-mentioned municipalities are given
achievement of the plan’s objectives. A monitoring and Outstanding Municipality Awards since all of them garnered
evaluation tool was utilized in the said activity. above 85% average rating. (LGOO II Marife M. Doculan)