Wednesday, January 20, 2016

GALAROSA VS. VALENCIA

G.R. No. 109455               November 11, 1993

FACTS:

Petitioner Raul A. Galarosa (hereinafter GALAROSA) is the incumbent president of the katipunang bayan or Association of Barangay Councils (ABC) 1 of the municipality of Sorsogon, province of Sorsogon, and was appointed as a member of the Sanggunian Bayan (SB) of Sorsogon pursuant to Executive Order No. 342 in relation to Section 146 of Batas Pambansa Blg. 337, the quondam local government code. The salient issue in this case is whether or not GALAROSA can continue to serve as a member of the SB beyond 30 June 1992, the date when the term of office of the elective members of the SB of Sorsogon expired. The respondent Judge ruled that GALAROSA could not; GALAROSA thinks otherwise and asks us to set aside the decision of the court a quo.

RULING: 

Section 494 of the Local Government Code of 1991 provides for the ex officio membership in the respective sanggunians of the duly elected presidents of the liga at the municipality, city, and provincial levels, including the component cities and municipalities of Metro Manila. The liga referred to therein is the liga ng mga barangay. Section 491 of the Code provides for its creation and purpose:
Sec. 491. Purpose of organization. — There shall be an organization of all barangays to be known as the Liga ng mga Barangay for the primary purpose of determining the representation of the liga in the sanggunians and for ventilating, articulating, and crystallizing issues affecting barangay government administration and securing, through proper and legal means, solutions thereto.
Every barangay is represented in the liga ng mga barangay by the punong barangay, or in his absence or incapacity, by a sanggunian member duly elected for the purpose among its members. 16 The principal aim of theliga ng mga barangay is to promote the development of barangays and secure the general welfare of their inhabitants.

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