DILG OPINION NO. 49 S.

1999

23 March 1999

VICE-MAYOR ALAN S. FRAYCO

Sangguniang Bayan
Angono, Rizal
Re:
(1)
Whether or not the vice-mayor, as the presiding
officer of the sangguniang bayan, may sponsor a resolution and/or
participate in the floor deliberation.
(2)
May the casual and regular employees of the sanggunian
be detailed to the Office of the Mayor?
(3)
May the vice-mayor appoint a technical assistant who will
assist him and the members of the sangguniang bayan in their
undertakings during the sessions in the sanggunian?
(4)
If there is no fund available for the abovesaid employee,
what is the proper step to take in order to provide funds therefor?
(5)
May we consider a member of the minority party, who is
intending to join another party but has not yet been formally admitted
and has not yet taken his oath therefor, still a member of the said
minority party?
(6)
May the local chief executive interfere with the
implementation of the programs of the Municipal Anti-Drug Abuse
Council which is to be headed by the vice-mayor, pursuant to a
sangguniang panlalawigan resolution?
Dear Sir:
In reply to your first-captioned query, please be informed that
the vice-mayor, as the presiding officer of the sangguniang bayan, may
sponsor a resolution and/or participate in the floor deliberation in the
absence of any express prohibition found in the Internal Rules of that
sanggunian and provided further that said presiding officer yield first
his chair temporarily (DILG Opinion No. 69, s. 1996 and DILG Opinion
No. 136, s. 1998).
In reply to your second-captioned query, casual and regular
employees of the sanggunian and/or those assigned in the office of

the vice-mayor may be detailed to the office of the mayor provided,

however, that there must be a written request relative thereto, stating
therein the organizational unit where the personnel is proposed to be
detailed, the period of detail and shall specifically explain the reasons
for the detail. Further, such request for detail must be with the
written concurrence of the supervisor of the personnel sought

-2to be detailed (CSC Memorandum Circular No. 5; Sec. 216 [e] [f],
Government Accounting and Auditing Manual, Vol. 1).
With regard to your third-captioned query, the vice-mayor may
appoint a technical assistant if a position therefor has been created as
plantilla position for the operation of the sanggunian (Sec. 445 [2],
Local Government Code).
Anent your fourth-captioned query, after the position has been
properly created, what is necessary is a supplemental budget that may
be enacted for the payment of the services of its incumbent. However,
the appropriations for the supplemental budget for such personal
services shall be subject to the limitations provided by law which shall
not exceed forty-five (45%) percent in the case of first to third class
municipalities and fifty-five (55%) percent in the case of fourth class or
lower, of the total annual income from regular sources realized in the
next preceding fiscal year (Sec. 325 [a], Local Government Code).
Anent your fifth-captioned query, he is still a member of the
minority party because not having been duly inducted thereto, he is,
for all legal intents and purposes, still not a member of the new
political party which he intends to join.
Finally, anent your sixth-captioned query, the municipal mayor in
the exercise of his general supervision and control over all programs,
projects, services and activities of the municipal government, may
interfere with the implementation of programs, guidelines, policies of a
municipal project, that is headed by another public official provided,
however, that the purpose of such exercise is the general welfare of

the municipality and its inhabitants pursuant to Sec. 16 of RA 7160

(Sec. 444 [b] [1], Local Government Code).
Hope we have enlightened you on the matter.
Very truly yours,

INGENIERO

JESUS
Assistant Secretary

LS:33/La
cc:

The Regional Director

DILG Regional Office No. IV
827 Calderon Bldgd.
EDSA, Quezon City
The MLGOO
DILG Municipal Field Office
Angono, Rizal
The Municipal Mayor
Angono, Rizal

I.