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LLEGALL SEIRVIICE
DILG OPINION NO. ]05 S. 2O]O
This pertains to your letter seeking the Department's legal opinion on the
follbwing iisues, to wit and we quoie:
'sEC. 62. Notice of Heoring.- (o) Within seven (z) doys ofter the
odministrotive comploint is filed, the Office of the President or the
songgunion concerned, os the cose moy be, sholl require the respondent
to submit his verified onrwer within fifteen (15) doys from receipt thereof,
ond commence the investigotion of the cose within ten (1o) dqys ofter
receipt of the respondent."
ln this regard. please be informed that if the Mayor is being directed by the
Sanggunian lo implement ils decisiorr or judgment rendered PUrsuant to the
exercise of its quasi-jcrdicial powers conferred by Section 61 of the Code, it i5 the
ministerial duty of the Local Chief Executive to execute the same and he/she has
no discretion to determine the propriety of the implementation of the decision or
judgment. The service or inrplementation of the decision/judgment has to be
made without unnecessary delay so that after being duly informed' ihe
respondent can immediately take steps to protect his interest by filing an appeal or
apply for other appropriate relief. The refusal of the Local Chief Execuiive to
implement the said decision can be considered as an obstruction of justice and,
therefore, would tantamount to grave misconduct for which he/she may be
a d m in ist rat ive ly Janctioned
Please be informed further that the 5anggunian may direct the Local Chief
Executive to implement the decision thror-rgh a Resolution or by a mere
Memorandum.
- )-
With regard to the issuance of writ of execution by the Sanggunian
concerned, please be informed that the Sanggunian has no power or authority to
issue a writ of execution even in the exercise of iis quasi-judicial function. Such
power to issue a writ of execution is lodged only with the courts. Such being the
case, the Local Chief Executive, who was directed to implement a
decision/judSment, shall implement the said decision/judgment even without the
writ of execution issued by the court.
Director lll
Lesajp.4/La