LEGAL OPINION

FOR THE WEEK

DILG Opinion No. 57 S. 2019

 ISSUE:

Request for appropriate action

against Mayor Vicente Loot of
Daanbantayan, Cebu due to his
unauthorized absences in the
Municipal Office since July 2018

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 FACTS:

Mayor Loot has been physically absent

without filing leave of absence in the
Municipal Office since July 2019
hampering community services because
some constituents need his personal
advice and counseling.

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 Sec. 444(c)
The Chief Executive: Powers, Duties, Functions and Compensation.

“
(c) During his incumbency, the
municipal mayor shall hold office in
the municipal hall.

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 At the outset, Section 444(c) of the Local
Government Code of 1991 requires the
incumbent municipal mayor to hold office at
the municipal hall. To our view, this is
imperative in order for the said official to
effectively, efficiently and economically
perform his duties and responsibilities to his
constituents, as mandated under the law.

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 More importantly, the Mayor’s
presence in his area of jurisdiction
is indispensable, in order for the
latter to be aware and be
responsive to any unexpected
events and situations affecting the
general welfare of his municipality.

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 On the same token, considering that the
basic function of the appointive officials you
mentioned is to assist and coordinate with
the mayor in ensuring the proper
management of the political and
administrative affairs of the municipality, it is
but imperative also, that they should likewise
hold their office in the municipal hall.

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 “
Accordingly, may we advise you that the
corresponding administrative complaint against
Mayor Loot may already be filed with the
Sangguniang Panlalawigan of Cebu by any
concerned citizen, including you.
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