DILGDILG-CAR OPINION NO.

0505-111
Series of 2005
28 June 2005
Ms. ZENAIDA B. ENON
Secretary to the Mayor
Tineg, Abra

THRU: PD JONATHAN PAUL M. LEUSEN, JR.
DILG Provincial Office
Bangued, Abra
Dear Ms. Enon:

Mabuhay!
This refers to your letter-query, dated June 20, 2005, but received hereat only
today regarding some issues concerning the enrollment of the Hon. Marbelyn L.
Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis
University (SLU), Baguio City.
As per your letter, such enrollment of SK President Ramirez at SLU, which is very
far from Tineg, naturally prevented her from attending the sessions of the
Sangguniang Bayan (SB) as ex officio member thereof and from performing her
other functions and duties as SK Federation President. Further, it was her mother
who sometimes attends the sessions of the SB and collects the salary and RATA.
Based on the foregoing facts, you now want to be enlightened on the following
issues as hereunder quoted, to wit:
1. Can Marbelyn’s mother legally represent her in the SB session?
2. If not, is Marbelyn entitled to her salary, RATA and TEV that her mother
collected/got from the treasury?
3. What are the legal steps necessary to be undertaken in order to oust and
remove her as SK Federation President and ex officio member of the SB for
not attending the SB sessions?

We answer the first issue in the NEGATIVE. Nowhere in the Local Government
Code of 1991 (RA 7160) and in the 2001 Katipunan ng Kabataan and Sangguniang

2. In addition to the above-mentioned grounds. EVERDINA ECHALAR-DOCTOR Regional Director /opinion 05-111 . suspended or removed from office on any of the following grounds: xxx 3) x x x or dereliction of duty. Anent the second issue. In other words. however. SK President Ramirez can be removed from office if sufficient proof or evidence will show that she is guilty of any or all of the aforequoted grounds. Any SK official at all levels may be disciplined. And as for the third and last issue. quote: “Section 11. SK President Ramirez is entitled to her salary even during her absence as long as she has earned leave credits. Our opinion. Warm regards.” (underscoring supplied) Needless to state. But she is not entitled to RATA and TEV. suspended or removed from office on the following grounds: 1) Failure to call/hold regular meetings for at least two (20 consecutive months. We hope to have enlightened you on the matter at hand. our answer is it depends. is without prejudice to a contrary opinion or ruling of higher authorities or tribunal. the President of any Section 2 Pederasyon or an SK Chairman may be disciplined. Article XV of the 2001 Katipunan ng Kabataan and Sangguniang Kabataan Constitution and By-Laws which provides for the Disciplinary Actions of SK Federation Officers and Members. Very truly yours.Kabataan Constitution and By-Laws can we find any provision authorizing the mother of the President of the SK Municipal Federation to represent the latter in the sessions of the SB. may we refer you the pertinent provisions of Sections 1 and 2.

Sign up to vote on this title
UsefulNot useful