Bureau of Local Government Finance Opinion

May 8, 1998 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION Mr. Esperidion B. Sonaco Secretary to the Sangguniang Bayan Asingan, Pangasinan S i r : This refers to your letter dated October 20, 1997 requesting the designation of Councilors Darly John G. Apuyod, Alexander C. Casimiro and Engr. Fidel B. Sapigao, incumbent President of the Asingan Market Vendors Association as members of the Asingan Market Committee. In this connection, please be informed that the power to appoint representatives of Market Vendors Association to the Local Market Committees has been transferred to the local chief executives pursuant to Department Order No. 105-88 dated October 6, 1988 of the Department of Finance. Moreover, upon the approval of the Local Government Code (LGC) of 1991, local government units shall enjoy full autonomy in the operation and management of their economic enterprises such as public markets. Pursuant to Section 447 (a) (5) (ii) of the LGC, quoted hereunder, the Sangguniang Bayan thereat is the one empowered to create a Market Committee that shall be responsible in setting forth the guidelines regarding the operation of municipal public markets: "Sec. 447. Powers, Duties, Functions and Compensation . (a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code, and shall:" "(5) Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: ScaHDT "xxx xxx xxx; "(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof, and regulate the construction and operation of private, markets, talipapas or other similar buildings and structures." As regards the appointment of its members, it is suggested that the matter be elevated before the Municipal Mayor who is clothed with the power of general supervision and control over local administrative affairs pursuant to Section 444(b) (1) of the same Code which states that the Municipal Mayor, as the chief executive of the municipality, shall exercise "general supervision and control over all programs, projects, service, and activities of the municipal government . . ." Very truly yours, (SGD.) LORINDA M. CARLOS Executive Director