RePublic of the PhiliPPines DEPARTMEIT OF TH-E INTERIOR AND LOCAL GOVERNMENT A.

Francisco Gold Condominium II Bldg, EDSA corner Mapagrnahal St', Diliman, Quezon City

LEGAL SERVICE
2010 DILG LEGAL OPINION NO. 145 S. 201O
HON. HAROUN ALRASHID A. LUCMAN' JR' DILG-ARMM Regional SecretarY and Provincial Director Province of Lanao, Amai-PakPak Brgy. Green, Marawi CitY
Dear Regional Secretary Lucman, Jr,:

Nov 2 2

This has reference to your letter seeking legal opinion on "whe.ther the (3) holdover term constitutes as ONE fEAU in counting the three
consecutive terms of a Barangay Chairman"'

Inyour|etter,youcitedtwo(2)scenariosand.furtherstatedthattheopinion L fiucn soug'fti to help the dILG Provincial Officg settle the issue pertaining thereto. Pleise take note that Scenario No' 1 is incomplete' Hence' may we u" piouia"a with the pertinent data which were not so provided in your letter in order for us to properly advise you on the matter'
by RA 9340, fixed the date of the barangay and SK officials, and frescribed the term of office of the barangay and SK elections' voters for the sK "f"Aio"r,' for the qualifications of candidates and p.ouio"o'
RA 91641, as amended

.,term,, in a legal sense means a fixed and definite period of time The word which the law describei that an officer may hold an office. According to

tu|".h".,thetermofofficeistheperiodduringWhichanoffjce-may-be lc!d.-U;"" expiration of the officert term, unless he is authorized by '6OIO6VER,

t"--* to

his rights, duties and authority as a public offic-er must ipr" i.a" iease. In inu tu*-of public officers, the most and natural frequent ;;ih"d by *hich a public officer ceases to be such is by the expiration of the terms for which he was elected or appointed' A later case' Gaminde v' commission on Audit, reiterated that "[T]he term means the time durinc which the officer mav claim to hold office as of riqht, and fix.es the interval after *hich ttte several incurnbents shall succeed one another"'r

The application of

holdover principle as provided for in Section 5 of RA 9164 preserues continuitv in the transaction of ofticial business and prevents a hiatus in government pending the assumption of a successor into office.

the

l An Act Providing For Slmchronized

Amending nepub*lic Act No'
2 Aldolrlno

Barangay And sangguniang Kabataan .Elections, 7160, As Amended, Otherwise Known As The "Local

Government Code Of 1991", And For Other Purposes

ts Commisslon On Electlons, C R. l'to' 184836, 23 December 2009

pending the assumption of a successor into Drevents a hiatus in government office. a separate term but Ergo, the holdover period does not constitute incumbent may legally merelv a valid extenslon' p"tioO during which an ir his office pending the assumption of a successor'

lilrr"'irir.r" rir".iioni

Delvingonthescenarlosyoupresented,weta-ckle.Scenario2wherebya'fposition termer Punons Barangav iouiistittaoi runs for the Punong :t:^lT:q-1{ -sjr.Loo) Barangay' ano post.of a runs for the tinii" i.rii ton ftonni" post as Punong his the son rrt"i u"i.g elected u. .rin,successor, reiinquishes the father' being the presumably Barangay to give way to his
highest ranking sanggunian barangay memoer'

the issue on a valid Under this premlse, we can only substantiate Government Code of qC $) of the Local succession as sanctioned JV S"ction member becomes the Punong 1991, wherein the hignesi'tuntting sanggunian the latter post' as Barangay in case a p"rmanenf vacancy occurs in mentioned in Your Scenario 2'
a whether the acts of the father and son constitute A person determine' 'i.ii.u.u"ntion of law" ii not for this Department tosuch as in the given law' acts perceived io be contrary to ;;;;;J bt the arregej lssumpiion to office appears to be a circumvention case where 'before the Regional Trial court to question of the law, may file u p"tiii"" the said assumption to office'

The issue as

to

your concerns' We hope that the foregoing sufficiently resolves

Very truly Yours,

LS:55/rb

'0'