8/11/2019 156177120 Digest Sangguniang Barangay v Punong
Barangay Martinez
1/3
Sangguniang Barangay of Don Marcos vPunong Barangay Martinez
(2008,Chico-Nazario)PJ Navarro
DC!"#N$% !he Sangguniang Bayan (SB)or Sangguniang
Pang&ungso' (SP)cannot or'er the reova& of an
erringe&ective arangay o*cia& fro o*ce, asthe courts ("!C)
are e+c&usive&y veste'ith this un'er Section 0 of the
./C
Thus, if the acts allegedly committed bythe barangayocial are of
a grave natureand, if found guilty, would merit the penaltyof
removal from oce, the case should beled with the regional trial
court. The mostextreme penalty that the Sanggunian mayimpose is
suspension.
1C!S%
December 2! " Severino #artine$,
%unong &arangay of &arangay Don#ariano #arcos
'&ayombong, (ueva)i$acaya* was administratively chargedwith
Dishonesty, #isconduct in +ce andviolation of the nti-raft and
%racticesct by petitioner 'Sanggunian &arangay*through the ling
of a veried complaintbefore the Sangguniang &ayan.
%ursuant to Section /0 of the 1, the S&
is the disciplining authority overelective barangayocials.
harges, among others '/ in all* were forfailure to submit and
fully remit to the&arangay Treasurer the incoe of
theirso&i' aste anageent 3ro4ectparticularly the sale of
fertili$er andrecyclable materials derived fromcomposting and
garbage collection. Therewas also a charge for failure to
li3uidatehis travelling expenses for the 241a5bay-aral.
#artine$ failed to le an nswer, thus was
declared by S& in default,
6uly 27 - the Sangguniang &ayanrendered its Decision which
imposed the3ena&ty of reova&from oce.
ugust 27 - The Decision was conveyed
to the #unicipal #ayor 'Severino&agasao* for its
implementation. #ayorissued a #emorandum, stating that S& isnot
empowered to order #artine$8sremoval from service. 9owever,
theDecision reains va&i' until reversedand must be executed by
him.
#artine$ led a Special ivil ction fo
ertiorari with a prayer for T:+ and%reliminary ;n and,
thusrendering this petition moot and academic,the ourt will
nevertheless settle a lega3uestion that is capable of repetition
yetevading review.
#SS5$67$.D% ?+( the Sangguniang &ayanmay remove #artine$, an
elective locaocial, from oce. (+. S armed :T
%@T;T;+( D@(;@D.
"!#%
1. TextualSection / of the 1ocal overnment odeconferred upon the
courts the power toremove elective local ocials from oce=ASection
/. rounds for Disciplinaryctions.Bn elective local ocial may
bedisciplined, suspended, or removed fromoce on any of the
following grounds= C
n e&ective &oca& o*cia& ay ereove' fro o*ce on
the groun'senuerate' aove y or'er of the3ro3er court
2. Legislative Intent Only RTCDuring the deliberations of the
Senate onthe 1, the legislative intent to conneto the courts, i.e.,
:Ts, theSandiganbayan and the appellate courts,
