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Dilg Legalopinions 2014828 10848b4df0

The document discusses whether Vice Mayor Christopher B. Maguad can properly serve as the acting mayor of Valderrama, Antique while Mayor Mary Joyce H. Roquero is suspended. It notes that there is a presumption of regularity in the performance of official duties. As the Sangguniang Panlalawigan's decision to suspend Mayor Roquero was an official act, it enjoys this presumption unless contrary evidence is provided to the courts. Therefore, recognizing Vice Mayor Maguad as the acting mayor is proper during the suspension, pending resolution of related issues in other tribunals.

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Gillian Alexis Colegado
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59 views2 pages

Dilg Legalopinions 2014828 10848b4df0

The document discusses whether Vice Mayor Christopher B. Maguad can properly serve as the acting mayor of Valderrama, Antique while Mayor Mary Joyce H. Roquero is suspended. It notes that there is a presumption of regularity in the performance of official duties. As the Sangguniang Panlalawigan's decision to suspend Mayor Roquero was an official act, it enjoys this presumption unless contrary evidence is provided to the courts. Therefore, recognizing Vice Mayor Maguad as the acting mayor is proper during the suspension, pending resolution of related issues in other tribunals.

Uploaded by

Gillian Alexis Colegado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Repuirllc of tlre PhiLippin€s

DEPARTMENT OF TIilE INTERIOR AND LOCAL GOVERNMENT


A. Frarcisco Gold Condominium IL, DDSA cofnet Mapagn! 141 St., Dihnan, QLIEZON Cl'l'/
r".lephooe lhrmber e:25.1i;[l*""n.,i|,.,, . e2s.03.32

OFFICE OF THE UTIDH.RSECRETARY FOR LOCAL GOVERNMENT

DILG Legal Opinion No. 14, S. 20i3


DIR. EVELYN A. TROMPETA
DILG-Region VI
23 APR 2013

6 Pepita Aquino Street, Fort San Pedro,


Iloilo City

Dear Dir. Trompeta:

T'his refers to your 18 February 2013 letter whicl-r requests tl-re Central OlTice's official staucl
thr:ough a legal opiniolr on whettrer it is colrect to recognize Vice N{ayor Cihristop}rer B.
Maguacl as tl-rc Llctin€l mayor of the Municipality of Valderran-ra, Antique during Nlayor Mary
Joyce l{. I{oquero's suspension on the basis of the presumption of regularity of the
petlbrmance of official functions of the concerned local government unit and its offrcials ancl
considering further that the issues involved are pending resolution before the COMELIiC and
othcr tribr-rnals.

Belbre adclressing your concern, ffray we direct your attention to Section 3 (m), Rule 131,
'I'itle lV (Revised Rules on Evidence) of the Revised Rules of Court, to rvit:

"\t,rIintt .1 Dicnrtlnhlg prcsuDrpliorrs. - The Jbllozoing Pn'stntrplions nrt:


>'tl i sJ nt l o ry iJ- Lr ton h nd ic l e tl, but mny be contrndi.cled and oTlercotne by otlrcr
rr

(oidcnce:

.li .I I

(uu Thnt officinl dtttu htts beeu rcgulnl'ly pcr[ornted;"

1'he disputable presumption of regularity in perforrrance of official duties was explained/


discussed by the Supreme Court in the case People of the Philipines us. Carlos de Guzman y
Panatigan (G.R. No. 106025. February 9, 1994), to wit:

"A tlisputnble presurtrptiotr lms beetL ns n sprries of euidence thnt rntty be


nccepted nrd scted on u,lrcre lhcre is no otlrcr epirlettce to ttphold the conterttion for
70l1i.lt it sttnds, or olre Tlltich ruty bc ooerconrc by otlter ettidence. One st.Lclt
disputnble/rebuttuble prea.utrlttiotr is tlrat tltx ot'ficial nct or dlLty lns been regrLlnltl
pfffor11lcd. Presuntptiort of th.is nntt.tre is indtilgttd lty tlte Inzu t'or the t'ollou'ittg
.li Ltulnnt.entnl rensons: first, nLocencc, attd not ut1'ong-dohrg, is to lta
prcntnLed; second, nn oftit-.in.L oLtth tuill ttot be utolntetl; antl thrrLl, u repult[icnn. forut
o.fgorterttmcn.t canttot sttt'tti'ttLt Long t.tttlcss n Lirtti.t is 1:h ced ttporr cotttt'opersies mtd
certatn Lnrct autl confidence rt:posed i.u ctt.clt goztrnnrcntnl dcpnrtnrcnt or rtgen!. Lty
t:pery otlrer sttclt clepnrttn.ent or ngent, nt /tnst to tltc exten.t of urclL
[ts mofe fuft in ihe
Phgi Inies [,\,.+'
' ,h''" ),'{
Tltus, this presumption euidcnt:es d rule of cotne ient public policy
presLlnt.ptiot L.
wtiaersn.lly nytytlied nnd toithttttt tLlich great distrcss zoould spting h the rtffnirs of
IneIt.

til it is
tutless tlrc prestnnf tion is rebu.Itctl, it becontes conclusitte. Ettcrll
corttrL:Lry. Tlu.Ls,
rcnsonnblc i,rttqrclryLe@fltll lt nLnde 'it1 sl.Wort of tle
bei
fupet:4tEJu!fultltL"

Considering that the Sanggurriang Panlalawigan's Decision suspending Mayor Roquero is an


official act, the same enjoy-s the presumption of regulariry which may only be overcome by
contrary evidence before the regular courts of justice or tribunals and administrative bodies
having jurisdiction on the same.

Notably, the Sangguniang Panlaiarvigan's Decision imposing the penalry of four (4) months
suspension without pay against Mayor Roquero, wh.ich included a violation of Republic Act
No. 3019 or the Anti-Graft and Corrupt Practices Act, was received through counsel of Mayor
Roquero, Atty. Eduardo Seguera JFortaleza, on 08 February 2013, as certified by Alticlue
Sanggurriang Panlalawigan Supervising Administrative Officer Evangeline M. Palcat.

As a consequence thereof arrd so as not to paralyze or impede the operations of the local
government of Antique, the Departrnent is dury-bound to recognize Vice Mayor Maguad as
acting mayor during Mayor Roquero's suspension (considering that the Decision of the
Sangguniang Panlalawigan suspending Mayor Roquero is presumably regular and rendered in
good faith), pcnding resolution ofthe issues before the COMELEC and olhel tribunals.

In view thereof, the recognitiorL of Vice Mayor Maguad is proper, unless othelwise cleclared
by competent authorify.

Very tn:ly yours,

AUSTEREA. PANADERO
InJr-r<ecrere rrr
- ''--_ ---_ _'*'J
T

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