LO-106S2010 - Department of the Interior and Local Government

Republic of the PhilippinesDEPARTMENT OF THE INTEBIOR AND LOCAL GOVERNMENTA. Francisco cold Condominium ll Bldg, EDSAcorner Mapagmahal St., Diliman, Quezon CityLEGAL SERVICEVICE-I,IAYOR CARLITO V. DE1A CRUZSanto Tomas, La UnionDear Vice-Mayor dela Cruz:DILG OPINION NO. 106 S. 2OIO'Jo* 2 Y 2611This has reference to your earlier letter asking our legal opinion on thefollowing queries, to wit:Mayor and signing travel order of the Sangguniang BayanMember is ministerial.2, Whether or not the Municipal Budget Officer,Municipal Treasurer and the Municipal Accounting Officercould lawfully and validly facilitate the cash advance of theSangguniang Official and its employees supporting only travelwhich not acted by the Municipal Mayor within four (41working days after receipt hereof.- 3. Is the Municipal Mayor, Mun. Accountant, Mun.Treasurer who refuses unjustifiably to sign document after arequest has been make (sic) be held liable adrninistratively orcriminally?"In reply thereto, please be informed that this Department had alreadyanswered similar queries in I)ll,() ()ltittiott No. ol, seric:,^ ol'eoot'. In the saidlegal opinion, we opined that the Municipal Mayor, being the chlef executive whoexercise general supervision and control over all programs, projects, services andactivities of the municipal government, is given the sole J]ICISSe!ryC to authorizeofficial trips outside of the municipality of municipal officials and employees.This is oart and oarcel of the executive function of the municipal mavor.It becomes a ministerial duty on the part of the municipal mayor toauthorize trips, including the issuance of corresponding travel orders therefore tomembers of the sangguniang bayan and its employees whenever the municipalvice-mayor had already issued his prior recommendation thereto and had alreadysigned the warrant drawn on the municipal treasury for all expendituresnecessary for such official travel chargeable to the sanggunian fund.With regard to your second query, we also opined therein that after thelapse of 15 days from the time the Municipal Mayor received the request forissuance of travel order under his ministerial duty, the Municipal Budget Officerand the Municipal Accountant could lawfully and validly facilitate the cashadvance of the sanggunian officials and its employees. The unjustifiable refusalof the aforesaid municipal officials to facilitate the cash advance within the

aforesaid period is a sufficient ground for the filing of an administrative caseagainst them.Hereto attached is a photocopy of the aforesaid DILG Opinion for yourready perusal.Thank you and warm regards.Very truly yours,BY AUTHORITY OF THE SECRETARY:V-,.LvrT/'