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L[.6ALSERVICE
DILG OPINION NO. 94 S. 2O1O
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II 2o'to
PB ALUTN M. CERAFICA
Barangay Palingon-Tipas
Taguig City
Dear PB Cerafica:
This has reference to your earlier letter asking the Department,s legal
opinion on issues relative to the issuance of barangay clearance.
Whert the time has come for the homeowners themselves would secure
clearances from your barangay for personal purposes, police clearances,
business permits, registration for City Card, voter's registration, etc., you refuse
to issue barangay clearance to them since, according you, they were not bona
fide residents therein as the manner of their land acquisition and house
construction was. in defiance of the barangay and city ordinances and laws
promulgated by the national government. On the other hand, residents of the
VMHA are asking your office to consider their plight, as they were made to
believe by the officers of the association that everything was done in order and
in compliance with the law.
Hence, under the circumstances given above, you are now asking this
Department's legal opinion on whether your olfice may not issue barangay
clearances in favor of the abovementioned residents of the VMHA.
At the outset, may we invite your attention to Section 152 (c) of the Local
Government Code of 1991 (RA 7160), thus:
It
is also discernibie from the aforequoted provision of the Code that an
appljcation for a barangay clearance may be denied by the barangay. However,
the code did not mention the instances wherein an application for barangay
clearance may be refused by the punong Barangay.
May We note however that in your case, it was the officers of VMHA who
failed or refused to secure the necessary requirements before building houses
and other structures, hence, in utter violation of the National Building code and
your city and/or barangay ordinances. Equity therefore dictates that said officers
of vMHA should be made to suffer the consequences of their violation (e.g, non-
issuance of a Barangay clearance in their favor). we find it inequitable if the
residents therein should also be refused from issuance of barangay clearance on
this ground it appearing that the officers of the association misrepresented to
them that everything was done in order and in compliance with the law, when in
truth and in fact, this was not the case.
-r- n-,
B. DOQUE lV
or lll
Copy furnrshed:
Usec. Eduardo F. Soliman, Jr
DILG,NCF
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