LEGAL

UPDATES
• AO No. 22, S. of 2011
– “Prescribing Rules and
Regulations Governing Appeals to
the Office of the President of the
Philippines”
• DILG MC NO. 2019-21 in
relation to AO No. 15, S. of
2018
– “Operational Guidelines and Rules
Implementing Administrative
Order No. 15, Series of 2018”
ADMINISTRATIVE
ORDER NO. 22, S.
2011
(in relation to Memo dated 16 January
2019 and 23 January 2019)
• Period of Appeal
– 15 days from receipt of
Decision/Order/Resolution or from
denial of Motion for Reconsideration
• Appeal, how taken
– Filing of Notice of Appeal (w/ proof
of service to rendering
department/agency) and payment
of appeal
• Appeal Fee
– P1,500.00
• STAY OF EXECUTION (S. 9)
The execution of the decision/
resolution/ order appealed from is
stayed upon the filing of the Notice
of Appeal within the period
prescribed herein, provided that the
stay of execution shall not apply (a)
where provided by special law, and
(b) in decisions/ resolutions/ order
of the Department of Interior and
Local Government pursuant to AO
No. 23 (s. 1992), as amended.
• STAY OF EXECUTION (S. 9)
However, in all cases, at any time
during the pendency of the
appeal, the Office of the
President may direct or stay the
execution of the decision/
resolution/ order appealed from
upon such terms and conditions
as it may deem just and
reasonable.
 MEMORANDUM
dated
16 January 2019

“Appeal to the OP from

Decision/ Resolution/ Order
of Sangguniang Panlalawigan
or Sangguniang Panlungsod”
A reading of Section 9 above would
suggest that the filing of the
Notice of Appeal stays execution,
if the same was filed within the
prescribed period. However, to
determine timeliness, an
expressed declaration from the
Office of the President to that
effect is a condition sine qua non.
Thus, after seeking guidance from
the Office of the President (OP),
the Department was advised to
require the party claiming a timely
appeal to obtain a certification
with an order from OP stating that
such appeal was filed within the
period and that the remedy has
the effect of staying the
implementation of the decisions/
resolutions/ order issued against
him/her.
 MEMORANDUM
dated
23 January 2019

“Amendment to Memorandum re:

Appeal to the OP from
Decision/Order/ Resolution of
Sangguniang Panlalawigan
and/or Sangguniang Panlungsod”
Thus, after seeking guidance from
the Office of the President (OP),
the Department was advised to
require the party claiming a timely
Said certification should
appeal to obtain a certification
certification be
submitted
with an
with anorder to the
orderfrom
fromOP Department.
OPstating
to be that
This
signed is
such appeal without
by thewas
Deputy prejudice
filed within
Executive
the to
OP’s issuance
period and for
Secretary of
thatLegal a
the remedy contrary
Affairshas
Order.
the effect or
(DESLA) of staying
under histhe authority
implementation
stating that suchof the
appeal
decisions/
was
resolutions/
filed within order
the prescribed
issued against
him/her.
period.
 MEMORANDUM
CIRCULAR NO.
2019-21
(in relation to Administrative Order
No. 15, S. 2018)
- Temporary Vacancy in the Office
of the Local Chief Executive
(LCE)
- Temporary Vacancy in the Office
of the Provincial Vice-Governor,
City Vice-Mayor and Municipal
Vice-Mayor
- Temporary Vacancies in the
Sanggunian
- Other Temporary Vacancies
• TEMPORARY VACANCY IN THE
OFFICE OF THE LOCAL CHIEF
EXECUTIVE
- Vice-Governor/ Municipal Vice-
Mayor/ City Vice-Mayor or, in case
of his/her inability, the highest-
ranking sangguniang
panlalawigan/panlungsod/bayan
member
- (Punong Barangay) – first ranking
sangguniang barangay member or
the second in case inability of the
former.
• TEMPORARY VACANCY IN THE
OFFICE OF THE PROVINCIAL
VICE-GOVERNOR, CITY VICE-
MAYOR, MUNICIPAL VICE-
MAYOR
- Highest ranking sangguniang
panlalawigan/panlungsod/bayan
member shall be DESIGNATED by
the President, through the SILG or
the OIC-DILG immediately upon
report of the concerned DILG
Regional Office of the said vacancy
as acting provincial VG or city/mun.
VM.
• TEMPORARY VACANCY IN THE
OFFICE OF THE PROVINCIAL
VICE-GOVERNOR, CITY VICE-
MAYOR, MUNICIPAL VICE-
MAYOR
- In case of incapacity of the highest
ranking SP/SB member, the SILG or
the OIC-DILG shall designate the
next highest ranking sangguniang
member and so on.
 - The resultant temporary vacancy in
- DESIGNATION the last– ranking position in the
If the highestand
nomination ranking
a certificate
sangguniang concerned resulting from
sanggunian
of membership member
of thewas
elected as
the
an
elevation
independent
of the highest ranking
nominee from the highest
candidate, sanggunian
the designee member
for as acting vice-
official of the political party
the last rank
concerned
governor or acting city or municipality
aresanggunian
conditions sine
member
qua non, andvice-mayor,
shall as theincase maybe, shall
be designation
any nominated
the same
without suchbe filled-up
manner through
andfor a DESIGNATION
provided
nomination
temporaryas
certification sanggunian
vacancies
shall in the
be VOID member to be issued
AB
Sanggunian.
INITIO. by the SILG or the OIC-DILG from the
LIST OF NOMINEES from the same
political party under which the highest
ranking member was elected in the
last election.
• TEMPORARY VACANCIES IN
In case of temporary
THE SANGGUNIAN
vacancies in the
– Through DESIGNATION by President
representation of the SK and
through SILG or the OIC-DILG;
the LNB in the sanggunian,
– Nominee shall be: vacancy shall
said temporary
1. From political
be filled up byparty of the member
the designation
who caused
by the SILGvacancy or
or the OIC-DILG
recommended
of the OFFICIALby Sanggunian
NEXT-IN- if still
constituting
RANK of quorum, if without party;
the organization
concerned,
2. Qualified underas provided
LGC. in the
Constitution and By-Laws.
• OTHER TEMPORARY
VACANCIES
- Nominees shall come from the
political party of the member who
caused temporary vacancy;
- If no political party, SILG or OIC-
DILG shall designate qualified
persons to fill the vacancies;
• OTHER TEMPORARY
VACANCIES
- Procedure:
1. Nominee should meet all
qualifications;
2. RD of DILG post vacancy in the
website and in 3 conspicuous
places in the LGU concerned;
3. Nomination and required
documents shall be submitted to
the concerned RD on or before the
deadline set (3 calendar days after
posting.)
• THE SCREENING COMMITTEE
- Chair:
- USLG or OIC-USLH – elective officials
in province, city or municipality
- USBA – elective positions in the
barangay
- Members:
- DILG RD or OIC-RD
- 3 reps from NGOs selected by DILG
RO
- Representatives from leagues
• THE SCREENING COMMITTEE
- Within 5 days from initial convening,
submit to SILG or the OIC-DILG a
shortlist of the qualified nominees;
- Within 5 days from receipt of the
shortlist, SILG or OIC-DILG shall
issue a designation to complete the
set of local officials.
• CARETAKER OF THE LGU
- Remaining local elective official/s
- No remaining local elective official/s,
DILG or OIC-DILG shall designate
either the RD, ARD or PD, in a
concurrent capacity
- Shall oversee and ensure continued
delivery of basic services and to
approve disbursements involving
regularly recurring administrative
expenses
• ROLE AND RESPONSIBILITY OF
REGIONAL OFFICES
- Serve as the Technical Secretariat
for the Screening Committee in the
conduct of its official business in the
region.