DILG-CAR OPINION NO.

08-180
Series of 2008

22 May 2008

MLGOO CRISTETA C. BLANDO

Peñarrubia, Abra

THRU: PD ELEONORA F. MADARIAGA

DILG Provincial Office
Bangued , Abra

Dear MLGOO Blando:

This refers to your letter-query dated 21 May 2008 elevated to us by PD Eleonora F.

Madariaga asking whether or not the Municipal Mayor of Peñarrubia will not be held
liable if she “resists” from approving the leave of Hon. Jessie Bagay, Punong Barangay
(PB) of Namarabar, Peñarrubia, Abra who filed his three-month leave of absence for
Australia starting March 2008 and while still there is now applying for an extension of his
leave for another three months.

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.

Very truly yours,

PATRICK D. ONUS
Regional Director

/opinion 08-180