Beruflich Dokumente
Kultur Dokumente
08-180
Series of 2008
22 May 2008
We answer in the negative. The mayor is the approving authority of leaves of absence
of the punong barangays as stipulated in Sec. 47 of the Local Government Code (RA
7160) and the approval or denial of such leave is his/her prerogative. Denial by the
mayor of said application based on justifiable reasons may be made by him/her more so
that the request for extension of leave of PB Bagay indirectly circumvents the
requirement for prior authority from the SILG for personal travel abroad of local elective
officials exceeding three months as provided under MC No. 2001-52, specifically
Paragraph 2 under Approving Authority. There is a legal maxim that what is directly
prohibited should not be indirectly violated.
We believe that PB Bagay should first secure the authority of the SILG for foreign travel
which exceeds three months before the mayor can act on his extension of his leave of
absence.
We hope to have enlightened you on the issue at hand. Our opinion, however, is
without prejudice to any ruling or opinion rendered by a higher authority or competent
tribunal.
Warm regards.
PATRICK D. ONUS
Regional Director
/opinion 08-180