LNB Over BHW — DILG Region I opinion letter

[ Digital p. 1 of 3 ] Republic of the Philippines DEPARTUENT OF THE IITTERIOR AND IIrcAL (X)VERNUENT Regional Office I, City of San Femando, [,a Union Telephone Number (072) 8S8 2108 . 70O 5746 . 888 2289 . 7OO 27Ol ' 7OO 3979' 6O7 1245 www.dilgregionl.com October 23,2014 MS. PAZ F. VALLO, M.D., MPH Municipal Health Officer Bayambang,' P angasinan Dear Ms. Vale: .This pertains ro your letter request seeking clarification on the followin$ issues, to wit: 1. What rigbt does the Liga ng mga Barangay have on the non-government organization of Federated Barangay Health Workers of Bayambang to reorganize and call for a new election? 2. The petition was addressed to the Liga ng mga Barangays without lawful endorsement from the ABC President Rogelio Domalanta to the Sangguniang Bayan' Does the sangguniang Bayan has the right to investigate and hold hearing with ProPer endorsement of the Liga ng mga Barangay? 3. Regarding the contention of Councilor Cathy De Vera regarding holding nryo (2) posirions: I - barangay Kagawad; 2 - being an officer/president ofthe Federated BHW of Bayambang. Do you have any document to prove this contention? Before dwelling on the issues, may we first invite your attention on the provisions of RA 7160 otherwise known as the Local Government Code of 1991 particularly on section 495 which states that: Section 4$fi. Powett, Functioas aad Duties of the liga- - The liga shall: (a) Give priority to programs designed for tle total development of the barangays and in consonance with the policies, Prograns and projects of the national governrnent; (b) Assist in the education of barangay residents for people's participation in local government administration in order to Promote united and concefted action to achieve country-wide development goals; (c) supplemenr the efforts of government in creating gainftr employment withinthe barangay; (d) Adopt measures to promote the welhre of barangay officials; (e) sewe as a forum of the barangays in order to forge linkages wittr government and non-governmental organizations and thereby promote the social, economic and political well-being of the barangays; and A U H{fiFffifrSr [ Digital p. 2 of 3 ] Republic of the PhiliPPines DEPARTUENT OF THE INTERIOR AND L(rcAL GOVERNUENT Regional Office I, City of San Fernando, La Union Telephone Number (072) 8-88 2108.700 5746. 888 2289' 7OO27OL' 7OO3979' 6O7 1245 www.dilgregionl.com (f) Exercise such orher powers and perform such other duties and functions which will bring about stronger ties between barangays and promote the welfare of the barangay inhabitants. Based on the above-cited provisions, the Liga ng mga Barangay (LIGA for breviry) does not have any power to intervene in any operations of a non-governmental organization particular$ in the reorganization and election'of their offi'cers. Doing so would constitute breach of the independence of non-governmental organizations. The primarypuqp@ of the Liga is to detetmine the reprrcnatioa of the Liga in the Sanggunian, and for ientilating, aniculating and cqaaltizing issus atreting banngay goi**t administation and waiing properand legal means, rcIutions thereto'(Banngay -Primer, 4 dition, 20Ie p.76). In sum, the Liga does not have any quasi-judicial functions to o(ercise nor the Power to legislate in aid of legiSlation so to sPeak' Hence, the Liga does not have any right in the organizations of non-government organization like the Federated Barangay Health Workers' On the second issue, the Internal Rules of Procedures of the Sangguniang Bayan of Bayambang should be referred with on whether or not zuch rules would allow them to act on matters which require investigation absence of proper endorsem'ent from the concerned parry or agency. But zuch being the case, the Sangguniang Bayan has the Power to investigate and hold hearings on matters that would affect the operations of the municipal government including non-government organizations in aid of legislation. On the last issue, this office opine that a Barangay Kagawad did not violate any law which would prevent him/her from iolding the Position of Barangay Kagawad and at the- same time, as officer (President) of the Federated Barangay Health workers (BHW) of Bayambang. This hold true because being a Kagawad, it does not prohibit him/her from practicing his/her profession or engaging from any occuPation or business or teach in school excePt during session hours Per section 90 of RA 7160' This office is in the assumPtion that the Barangay Kagawad is a volunteer BHW and nor an appointed BHW of the barangay. otherwise, i-f appointed BIrw' the prohibition on double appointment is blatantly "iofali. Section 94 ofRA 7160 provides that Wo eletive or appointive local officials shall b eligible for appintuent ot daignation in any capcity to iypublic office orPosition during his tilure'" However,ifhe/sheisavolunteerB}rW,theprohibitionondoubleappointmentisnot violated considering that the nan'e of hisrher position as Brrw is in voluntary nan'e not in the context or "ploint*ent or designation as govern by the Civil Service rules and regulations. ThelawondoublecompensationisnotviolatedconsideringthataBarangayKagawad is not receiving compensation but only honorarium as emrnciated by the supreme court in the case of santiago .,r. commisrion on Audit (G.R. No. 92284,12 luly 1991) in reference to Iocal Budget Circular No' 66 dated March 4' 1998' l'smore tmh the Philippines [ Digital p. 3 of 3 ] Republic of the Philippines DEPARTUENT OF THE INTERIOR AITD L(rcAL GOVERNUENT Regional OfEce I, City of San Fernando, l,a Union Telephone Number (072) 888 2 108 . 7OO 5746' 888 2289' 7 N 2701' 7OO 3979' 6O7 1245 vrww.dilgregionl.com Hence, a Barangay Kagawad can be a volunteer BHW and as such, when the by-laws of the non-govemment organization would allow, he/she can be elected as officer of such orgaflizatioil: We hope to have enlightened you on the issues at hand. This opinion, however, is without prejudice to any ruling or opinion rendered by a higher authority or a comPetent tribunal. Warm regards. IUUE l. DAqLnoAG, Ph. D., CESO rV Officer-in-Charge By' OS, CESO V OIC- Asst. Regional Director I'smore lunh ttP milippiries