[Republic ofthe Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT REGION XIII (Caraga Region) 1559 MATIMCO Side. Km. 4, Brey. Libertad, Bumuan City “Tel Nos, (085) 342-2134; (085) 342-2045, 941-1976 Website: caraga dlg gov ph / Fmasl [email protected] DILG RO HARRIS GLENN D, PUYOT Lea City Vice Mayor igs City of Cabadbaran fH Agusan del Norte Dear Vice Mayor Puyot: ‘This refers to your letter seeking legal opinion relative to the resignation through email of Raykito M. Kittiletvedr, member of the Sangguniang Panlungsod. ‘The Local Government Code of 1991 provides: \ section 2, Resignation of Elective Local Oficial, gi MS og) Resignins by etre incl fis nl be dec eer oaly yon scence by the of Sollowing auchortiies: . (1) The Presidene. in the case of governors, vice-governors, and mayors and vice-mayors of Aighly urbanized cities and independent component cities; (2) The governor, in the case of municipal mayors, municipal vice-mayors, city mayors and city vice-mayors of component cites: (9) The sanggunian concerned, in the case of sanggunian members: and (2) The city or municipel mayor, in che case of barangay officials (©) Copies of the resignation letters of elective local officials, togecher with che action taken by the aforesaid authorities, shall be furnished the Departaneat of the laterior aad Local Goverament. (6) The resignation shall be deemed accepted if not acted upon by the authority concerned within Breen (15) days fom ceveipe thereol (@) Irrevocable resignations by senggunian members shall be deemed accepted upon presearetion Jelore an open session of the sangguniaa concerned and duly entered in its records: Provided, however, That this sabsecsion doos not apply to senggunian members wha are subject to recall elections or 10 cases where existing laws prescribed the manner of ecting upon such resignations. Thus,l. A member of the sanggunian may resign though a letter and such resignation is effective upon acceptance by the sanggunian concerned ar such is deemed Jamg dio 2016-007 Page 1 of 2accepted if not acted upon by the same sanggunian wichin 15 days from receipt thereof, and, 2, Irrevocable resignations by sanggunlan members shall be deemed accepted upon presentation before an open session of the sanggunian concemed and duly entered in its records Nowadays, there is a widespread use of emails as letters, even as enforceable contracts, legal documents and/or evidence in courts. Working on the presumption that the sanggunian ascervained the authenticity of the received resignation leter through email of Hon, Kittilsevedt, the resignation may be considered official and legal This opinion is rendered as an integral part of that we gave to the same requesting party on the same subject matter in RLO 2015-030 dated December 11, 2015, and we relterate that: However, the non-action of the Sangguniang Panlungsod on the consecutive absences of the subject member in accordance with the Internal Rules of Procedure sud with Section 50 (8) (5) Js another matcer entirely, You reesoned that the non-aetion was due to the accumulated leave credits of the subject member. From your presentation of facts, we noted that there was no action done by the body from July 15, 2015 co October 21, 2015 as regards the continuous and consecutive ABSENCE WITHOUT OFFICIAL LEAVE of the subject member. We recommend thar you seek the advice of che Civil Service Commission or revisit the relevant CSC rales, particularly the effect of AWOL on the accumulated leave credits, and especially chac che same member presumably continued to receive his monthly calary on the mentioned dates/manths ‘This opinion is rendered without prejudice to any contrary opinion of competent ‘higher authorities and the courts, ‘We hope to have sufficiently essisted your good office in this matter, Truly yours ¢ LILIBETHA. IN, CESO IIT Regional Disgevor AN cc Ay. Oyachia F Laureano-Pulido Chief LRALLD DILG-NAPOLGOM Center EDSA cor. Quezon Ave, Quezon City Romeo A. Solis Provincial Director DILG Agusan de! Narte Annabel F. Yaagson cLGoo Cobadbaran City Agusin del Norce famg dio 2016-007 Page 2 of 2