DOJ: Mayors can’t impose sanctions unilaterally

Mayors of municipalities and highly-urbanized cities have no power to unilaterally impose administrative sanctions against erring elective officials who are facing administrative charges, the Department of Justice (DOJ) ruled.

While local chief executives are granted such power under Republic Act 7160, or the Local Government Code of 1991, the DOJ clarified that mayors still have to get the prior approval of their respective municipal or city councils.

"The exercise by (mayors of this) power necessarily requires prior recommendation from the Sangguniang Bayan. This is logical because the complaint is filed with the (council) which investigates (it)," said Undersecretary Regis Puno, the department’s officer-in-charge because Justice Secretary Artemio Tuquero is in China.

The DOJ opinion, dated Oct. 16, stemmed from the query made by Interior and Local Government Secretary Alfredo Lim whether mayors can place municipal or barangay officials who have pending charges, under preventive suspension.

Lim cited the case of Meycauayan, Bulacan Mayor Eduardo Alarilla against Barangay Tugatog councilman Abelardo Aban who was allegedly behind a news item in a tabloid that Alarilla was extorting P300,000 from a tricycle drivers’ group.

Alarilla dismissed the allegation as "malicious" and "fabricated," and meant to tarnish his good reputation among his constituents.

In a four-page opinion, Puno said that while the authority of mayors to suspend is clear and categorical, it is still the local legislative body which has the right the determine whether an erring official should be placed under preventive suspension or not. — Delon Porcalla