Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT A. Francisco Gold Condominium I EDSA Cor. Mapagmahal St, Quezon City LEGAL SERVICE DILG Legal Opinion No. 50 s. 2012 JUL 18 2012 Mr. Benedicto Perez b.perez@yiacokuwait.com Dear Mr. Perez, This pertains to your e-mail communication sent to this Department posing the following inquiries: 1. Whether it is legal for the Punong Barangay and the Sangguniang Barangay Members to “appoint” their close friends or allies as replacements for the two duly elected Barangay Kagawads who have previously resigned; and 2. Whether it is legal for the Barangay to operate a Material Recovery Facility (MRF) close to residential areas without the corresponding Environmental Compliance Certificate? In reply to your first query, may we invite your attention to the express provision of Section 45 (a) (3) of the Local Government Code, to wit: “Sec. 45. Permanent Vacancies in the Sanggunian. - (a) Permanent vacancies in the Sanggunian where automatic successions provided above do not apply shall be filled by appointment in the following manner” XXX XK XXX (3) The city or municipal mayor, in case of the Sangguniang Barangay, upon recommendation of the Sangguniang Barangay concerned.” From the afore-quoted provision of law, it is clear that the Municipal Mayor is the one vested with the power to appoint a Sangguniang Barangay Member to fill up in case a permanent vacancy occurs in the Sangguniang Barangay. Such power to appoint, is subject to the requirement of recommendation from the Sangguniang Barangay where the vacancy occurred (DILG Legal Opinion No. 18, s. 2010). As regards your second query, it is our view that it would be more appropriate for you to inquire with the Department of Environment and Natural Resources, which is the primary implementing agency of the provisions of Republic Act No. 9003 (RA 9003), otherwise known as the Ecological Solid Waste Management Act of 2000.Be that as it may, quoted hereunder for your guidance are the pertinent provisions of RA 9003 relating to the establishment of Material Recovery Facilities: : “Section 32. Establishment of LGU Materials Recovery Facility. - There shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or any suitable open space to be determined by the barangay through its Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the MRF. The MRF shalll receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long term storage or disposal facility or sanitary landfill. Section 33. Guidelines for Establishment of Materials Recovery Facility - Materials recovery facilities shall be designed to receive, sort, process and store compostable and recyclable material efficiently and in an environmentally sound manner. The facility shall address the following considerations: (a) The building and/or land layout and equipment must be designed to accommodate efficient and safe materials processing, movement, and storage; and (b) The building must be designed to allow efficient and safe external access and to accommodate internal flow.” ‘We hope we have informed you accordingly. Very truly yours, woke Legal: 03558 ha