GR 109455; (November, 1993) (Digest)
G.R. No. 109455 November 11, 1993
RAUL A. GALAROSA, in his capacity as incumbent President and Representative of the Association of Barangay Captains of the Municipality of Sorsogon, Sorsogon, petitioner, vs. HON. EUDARLIO B. VALENCIA, in his capacity as the Presiding Judge of the Regional Trial Court of Sorsogon, Branch 52, SANGGUNIANG BAYAN OF SORSOGON; and RODOLFO SALAY, respondents.
FACTS
Petitioner Raul A. Galarosa is the incumbent president of the Association of Barangay Councils (ABC) of the municipality of Sorsogon and was appointed as a member of the Sangguniang Bayan (SB) of Sorsogon pursuant to the old Local Government Code (Batas Pambansa Blg. 337). The core issue is whether Galarosa could continue to serve as an ex officio member of the SB beyond June 30, 1992, the date the term of the elective SB members expired. In August 1992, private respondent Rodolfo Salay, an incumbent barangay captain and aspirant for ABC president, filed a petition for declaratory relief and injunction against the SB. Salay sought interpretation of Section 494 of the new Local Government Code ( Republic Act No. 7160 ), arguing that the term of the ABC president as ex officio SB member is coterminous with the SB’s term, which ended on June 30, 1992. The respondent Judge issued a temporary restraining order and later a decision in favor of Salay, declaring that Galarosa had no further right to continue as ex officio member and ordering the SB to cease recognizing his participation. Galarosa filed this petition, treated as one for certiorari, challenging the decision.
ISSUE
Whether petitioner Raul A. Galarosa, as incumbent ABC President, can continue to serve as an ex officio member of the Sangguniang Bayan of Sorsogon beyond June 30, 1992, the expiration date of the term of the elective members of said Sangguniang Bayan, under Section 494 of the Local Government Code of 1991.
RULING
No. The Supreme Court affirmed the trial court’s decision. The Court held that under Section 494 of the Local Government Code of 1991, the ex officio membership of the duly elected president of the Liga ng mga Barangay (or ABC) in the sanggunian is limited by the phrase “which in no case shall be beyond the term of office of the sanggunian concerned.” The term of the Sangguniang Bayan of Sorsogon, whose members were elected in the January 18, 1988 local elections, expired at noon on June 30, 1992, as provided by the Constitution and the Local Government Code of 1991. Consequently, Galarosa’s right to sit as an ex officio member of that SB also ended on that date. The Court rejected the argument that DILG Memorandum Circular No. 92-38, which allowed incumbent ABC presidents to continue, could extend the term beyond the statutory limit. The provision of the law is clear and needs no interpretation; the ex officio membership is inextricably linked to and cannot exceed the term of the sanggunian to which they belong.