DILG rules ABC membership in council is elective, not appointive

The Department of Interior and Local Government has issued two opinions adverse to the charge that the ex officio membership of the president of the liga ng mga barangays in the sangguniang panlunsod (city council) is appointive in nature.
The DILG says the position is elective.
I challenged that when the Dumaguete City liga president filed his certificate of candidacy for regular membership of the sangguniang panlunsod for the May 14, 2007 elections, he was deemed ipso facto resigned by virtue of Section 66 of the omnibus election code.
Section 66 of the omnibus election code mandates that those in appointive office or position are ipso facto resigned from their positions upon the filing of their certificates of candidacies.
The objective of the law is to prevent abuse by the appointive officer of his position while he is a candidate for election.
As an example, Secretary Mike Defensor resigned from being presidential chief of staff (an appointive position) when he filed his certificate of candidacy for senator.
The DILG has ruled that the ABC ex officio membership in the city council is an elective, and not an appointive position.
Therefore, the liga ng mga barangay president Harrison Gonzales was not deemed resigned from his ex officio membership, even when he filed his certificate of candidacy for regular membership of the Dumaguete city council.
The following were the reasons advanced by the local government operations officer Leopoldo Y. Gravador for their conclusion that the ex officio membership of the liga president in the sangunian is elective in nature:
1. Section 469-490 of the local government code enumerates the appointive officials for cities. Since the ex officio memebrship of the liga president is not among those enumerated, then such office or position is not appointive and therefore elective.
2. Section 41 (b) provides along with the manner of election of the regular members of the sanggunian the ex officio memership of the liga president in the sanggunian. (The provision states: The presidents of the liga ng mga barangay elected by their respective chapters shall serve as ex officio members of the sanggunian).
Aside from this Mr. Gravador claims that the liga president continues to sit in the sanggunian until the next barangay elections on a holdover capacity pursuant to R.A. 9340 Section 5.
Meanwhile, the regional director of the Department of Interior and Local Government Pedro A. Noval Jr. explained that a punong barangay who filed his certificate of candidacy is not considered resigned.
He said that under R.A. 9006 any elective official whether national or local, running for any office shall not be considered resigned.
This was contained in a 2nd Indorsement dated May 22, 2007.
He also explained that under the constitution and by laws of the liga ng mga barangay, the term of all officers and members of the liga at all levels shall be concurrent with their term and tenure of office of the sangguniang barangay.
Conseuqently, the regional director said, a punong barangay who is at the same time an officer of the liga ng mga barangay shall continue to be an officer thereeven if he has filed a certificagte of candidacy in view of the fact that he is not considered resigned as a punong barangay.
My comments on these opinions on my next blog....