DILG OPINION NO

DILG OPINION NO. 11 S. 1999

22 January 1999

MAYOR SOLOMON S. RAAGAS

Julita, Leyte

Re:Whether it is within the powers, duties and functions of the Sangguniang Bayan to authorize the municipal mayor, through a resolution or ordinance, to create a development authority.

Dear Sir:

In reply to your above-captioned query, please be informed that the sangguniang bayan cannot validly authorize the municipal mayor to create a development authority because being merely invested with a delegated legislative power (Magtajas vs. Pryce Corporation, 20 July 1994), the sangguniang bayan cannot further redelegate it to the municipal mayor without necessarily violating the principle in law that what has been delegated can no longer be further redelegated. The Sangguniang Bayan, however, is not precluded to create said development authority, to fix the number of positions and the salaries or emoluments of the holders thereof as it is within its power to create such other offices as may be necessary to carry out the purposes of the municipal government (Sec. 443 [2], Local Government Code of 1991).

We hope to have enlightened you on the matter.

Very truly yours,

JESUS I. INGENIERO

Assistant Secretary

LS:43/La

copy furnished:

Atty. Rafael M. Iriarte

Provincial Assessor

Tacloban City

The Provincial Director

DILG Provincial Field Office

Tacloban City