Republic of the Philippines Department of the Interior and Local Government COR DILLERA ADMINISTRATIVE REGION Barangay Center,

Baguio City DILG-CAR OPINION NO. 13, s. 1999 DISCIPLINARY ACTIONS: BARANGAY OFFICIALS -OPINIONThis is in connecti on with Barangay Resolution No.12, Series of 1999, passed by the Sangguniang Bar angay of Camdas Subdivision, entitled Resolution Requesting the DILG to Interven e in Behalf of the Barangay Council on the Imposition of the Appropriate Discipl inary Action on Elected Barangay Official/s who had been Consecutively Absent fr om the Regular Barangay Council Meeting for Four Consecutive or More Times (sic) , endorsed to this level for "rendition of legal opinion" on 12 November 1999 by the DILG-Baguio City Field Office. At the outset, may we state that the conduc t and discipline of the members of any sanggunian are governed by their Internal Rules of Procedure (IRP). Every sanggunian is mandated to adopt or update its existing IRP on the first regular session following the election of its members and within ninety (90) days thereafter, [Sec. 50(a), Local Government Code of 19 91 (RA 7160)]. The basic provisions that shall be contained in any sanggunian IR P is laid down in paragraph (b) of the same Section of the Code. The sanggunian concerned, sitting as a collegial body, can therefore discipline any of its erri ng members in accordance with the provisions of its own IRP. What if the presen t sanggunian did not adopt its own IRP as provided under the Code? In this case, we believe that the IRP of the previous sanggunian automatically applies. The t erm "adopt" which is used in the aforecited provision may either refer to a new set of IRP or to an existing IRP which, if not updated, is deemed adopted in tot o. What if the IRP of the sanggunian did not provide for grounds for disciplina ry actions and/or corresponding sanctions thereto, will an erring official go un punished simply because there is no rule or law punishing him? We answer in the NEGATIVE; to hold otherwise would be tantamount to countenancing wrongdoing. An inherently sordid act cannot go unpunished simply because there is no rule or l aw punishing it. Fortunately, the Code provides for grounds for disciplinary ac tions notwithstanding the absence of an IRP governing the conduct and discipline of sanggunian members. This time, the applicable provision is Sec. 60 of the Co de which spea s of the grounds for disciplinary action, as implemented by Art. 1 24 of its Implementing Rules and Regulations, the latter's provision is quoted h ereunder in so far as it is pertinent to the issue at hand, viz. "Art. 124. Gro unds for Disciplinary Action. - (a) An elective local official may be censured , reprimanded , suspended , or removed from office after due notice and hearing o n any of the following grounds: xxx (3) Dishonesty, oppression, misconduct in o ffice, gross negligence , or dereliction o f duty ; xxx