G.R. No. 87636 - Gonzales vs. Macaraig, Jr.

Ramon Alquizola, Sr. was the petitioner and also the newly-elected Punong Barangay of Barangay Tubod, Iligan City, winning the May 12, 1997 barangay elections.
The respondents were Gallardo Ocol, Camilo Penaco, Saturnino Mendoza, Rafael Ardiente, Vicente Caseres, Ricardo Zosa III, and Sirad Umpa, who were serving as barangay officials—specifically, the barangay treasurer, barangay secretary, and other utility workers—appointed by the former punong barangay.

After winning the election, petitioner Alquizola terminated the services of the existing respondents.
He then appointed his co-petitioners, Marissa Doromal and Adelo Seco, as barangay treasurer and barangay secretary respectively.
In compliance with Sections 394 and 395 of the Local Government Code, these appointments were submitted to the Sangguniang Barangay for approval.

The Sangguniang Barangay rejected the appointments of Doromal and Seco.
In response, the respondents filed a complaint for quo warranto, mandamus, and prohibition with the Regional Trial Court of Lanao Del Norte.
The trial court issued an order enjoining petitioner Alquizola from dismissing the respondents and replacing them, finding that his dismissal of the incumbents was effected without the requisite approval of the Sangguniang Barangay.

The trial court based its decision on Section 389(b)(5) of the Local Government Code, which limits the power of a barangay captain to remove appointive officials without approval by a majority of the Sangguniang Barangay.
A motion for reconsideration of the trial court’s decision was subsequently denied.

The Local Government Code grants the punong barangay the power to “appoint or replace” barangay officials, which by interpretation includes the power to remove them.
The court noted that “to replace” implies the removal of the current officeholder prior to the appointment of a successor.
It was emphasized that, where the tenure of an office is not fixed by law, it is appropriate to consider the power of removal as intrinsic to the power of appointment.

Whether the unilateral dismissal of the barangay officials by petitioner's order could be justified without the approval of a majority of the Sangguniang Barangay.

Does the power of the Punong Barangay to replace barangay officials inherently include the power to remove them?
What is the legal interpretation of “replace” as used in Section 389(b)(5) of the Local Government Code in relation to the removal of incumbents?

The proper application of the Local Government Code provisions pertaining to appointments and removals of barangay officials.

What role does the Sangguniang Barangay play in validating or authorizing the removal and replacement of appointive barangay officials?
Does the absence of fixed tenure for the office strengthen or modify the inherent power to remove officials?