Republic of the Philippines

Province of Palawan
Municipality of Aborlan

BARANGAY POBLACION
DECEMBER 3, 2014
HON. MARIO DACQUER
PROVINCIAL DILG OFFICER
PALAWAN PROVINCIAL GOVERNMENT

Thru:

HON. LENY ESCARO

MUNICIPAL LOCAL GOVERNMENT OFFICER
POBLACION, ABORLAN, PALAWAN, PHILIPPINES
REGION IV-B

Dear Sir/ Madam:

This is to inform your office of the receipt of the MLGOO Memorandum dated
February 14, 2014 and July 23, 2014 (see attached).
By virtue of such receipt I hereby submit this humble query and to correct
any inconsistencies with that previously submitted (also attached) as it appears that
the Memorandum originated from the MLGOO office of Honorable Leny Escaro.
In consonance thereby, I was inclined to solicit additional answer for the
following issues:
1. Whether the DILG exercises control over the affairs of the Barangays, since
appurtenant to the LGC it states:
RA 7160 IRR specifically Art. 53 of Rule XI on National- Local Government
Relations provides:
Art. 53. National Government Supervision and Coordination. - (a) The
President shall exercise generalsupervision over LGUs to ensure that
their acts are within the scope of their prescribed powers and
functions.
The President shall exercise supervisory authority directly over
provinces, highly-urbanized cities, and independent component cities;
through the province with respect to component cities and
municipalities; and through the city and municipality with respect to
barangays.
In exercising general supervision over LGUs the President shall be assisted
primarily by DILG, unless otherwise provided in the Code or elsewhere in
these Rules and other applicable laws.
The LGCs policy also states that:

SECTION 2. Declaration of Policy. - (a) It is hereby declared the policy

of the State that the territorial and political subdivisions of the State
shall enjoy genuine and meaningful local autonomy to enable them to
attain their fullest development as self-reliant communities and make
them more effective partners in the attainment of national goals.
Toward this end, the State shall provide for a more responsive and accountable
local government structure instituted through a system of decentralization
whereby local government units shall be given more powers, authority,
responsibilities, and resources. The process of decentralization shall proceed
from the national government to the local government units.
As regards the corporate power also granted by the LGC:
Section 22 (d) Local government units shall enjoy full autonomy in the
exercise of their proprietary functions and in the management of their
economic enterprises, subject to the limitations provided in this Code and
other applicable laws.

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Thus, most appropriate to this issue, the MLGOO of Aborlan has issued a
directive which by the nature itself was a derogation of the express mandate of the
law to the Barangays. The MLGOO Memorandum dated February 14, 2014,
mandates every Barangay to deny the payment of Honoraria to public officials who
incurred absence in their regular session. Absent any IRPs or due process requiring
notice and hearing before he can be denied of his right to his token;
A certification and testimony of our Barangay Treasurer can prove that the
MLGOO has herself ordered this act to be preformed, now, as far as supervisory
function is concerned, does her directive constitutes a mere supervision or control
by the DILG?
A portion of the memorandum states that:
xxxxxxxxxxxx
In view of this, you are hereby directed to amend your Internal Rules
and Procedures (IRP) for the payment of honorarium to align it to the
essence of this legal opinion
Xxxxxxxxxxxx
Hence, the Internal Rules and Procedure (IRP) needs first be amended before
it becomes binding against the deprived public official; it was not self executing;
2. Secondly, the Basis of the memorandum was from the legal opinion of the
DILG, alongside the case of Santiago vs. COA (GR no. 92284, 12 July 1991)
which elucidates on the grant of Honorarium, where the February 14, 2014
Memorandum was conceived. Does this mean that the memorandum was
mandatory or merely directory? If so, how will it bind the LGU concerned?
3. The case of Santiago merely prescribed a method on how to identify actual
service rendered, that the Honorable DILG Officer might have construed
actual service rendered as physical and manual services rendered which
requires bodily presence in the Locality, however, the interpretation might
have been misguided, literally, the court did not mention it as the only way of
determining actual service- if the DILG Officers belief will be upheld in this
case, it will obliterate the possibility of constructive public service that can be
rendered even without the presence of the elected official, to point out,
Barangays will be prohibited to attend trainings and seminars or educational

advancement when the results thereof will accrue for the benefit of the
constituency.
4. Does the memorandum itself violate the policy of local autonomy against the
control of the DILG? If so, may the concerned official who was affected by this
deleterious attempt to circumvent the express provisions of the LGC have an
action against the personnel herself?
5. Additionally, can the Barangay Kagawad seek damages against the Public
Officer? can her direct supervisor- the DILG Provincial Director for the
damages he suffered as well from the strained relations with other cocouncilors or with the Barangay Captain as was resulted from the arbitrary
implementation of the law?
6. Can he seek damages for the inofficious intrusion of a Public Officer to the
autonomous affairs of the Local Government Unit? Generally, the services
that were sacrificed because of the dangerous legislation? And his superior by
principle of agency?

With all due respect, your knowledge to this issue is crucial. I have been in the
responsible service to the Barangay even during my absence. I fear mostly that
if this will become the procedure in public service, then the intent of the LGC will
be ultimately sacrificed in a whimsical and capricious manner. Thus, I humbly
submit my inquiry if there is an existence of grave abuse of discretion on the
part of the DILG Officer concerned.
Courteously,

REDEEM M. JOYA
Barangay Kagawad
Poblacion, Aborlan, Palawan

BARANGAY ORDINANCES AUTHORED BY HON. REDEEM JOYA IN 2014

1. Ordinance No. 71- 2014 An ordinance prescribing sanitation requirements
for all food vendors in Barangay Poblacion, Aborlan, Palawan
2. Ordinance No. 72- 2014 An ordinance prescribing for the assignment of
house numbers in Barangay Poblacion for purposes of Identification and
issuance of house plates
3. Ordinance No. 73- 2014 An ordinance regulating the construction of all
structures in Barangay Poblacion, Prescribing a procedural requirement in
the Barangay Before any building permit shall be approved and imposing
penalties in case of violation;
4. Ordinance No. 74- 2014 An ordinance creating the Barangay Housing and
estate development board of Barangay Poblacion prescribing its functions,
responsibilities and guiding principles;
5. Ordinance No. 75- 2014 An ordinance implementing the municipal
ordinance on anti illegal fishing in Barangay Poblacion, Aborlan, Palawan,
prescribing for the enforcement thereof and providing funds and for other
purposes
6. Ordinance no 68-2014 An ordinance regulating the operation of pool
games in Barangay Poblacion, Aborlan, Palawan

7. Ordinance No. 68- 2014 An ordinance regulating the operation of karaoke

machines in Barangay Poblacion, Providing for enforcement thereof and
penalties for violation
8. Ordinance No. 61- 2014 An ordinance creating the Office of Barangay
Record Keeper, Prescribing its duties and responsibilities, honoraria and
providing funds and for other purposes
9. Barangay Tax Ordinance No. 62 2014 Amended Revenue Code of
barangay Poblacion, Aborlan, Palawan
10.Ordinance No. 63- 2014 An ordinance requiring all owners of Residential
Office or Building units imposing rental charges in Barangay Poblacion to
secure necessary clearance for the Barangay
11.Ordinance No. 64- 2014 An ordinance requiring all households of Barangay
Poblacion to establish or build their own comfort rooms or toilet with
sanitary septic tanks for purposes of health and sanitation
12.Ordinance No. 65- 2014 An ordinance regulating the operation of
computer shops within the territorial jurisdiction of Barangay Poblacion
13.Ordinance No. 66- 2014 An ordinance requiring every household to be
represented by at least one member to attend the Barangay Meeting,
Barangay Assembly Meeting and Public Hearing at Barangay Poblacion,
Aborlan
14.Ordinance No. 56- 2014 An ordinance regulating the use and disposal of
plastic bags, plastic bottles , Styrofoam and styropor materials in all
commercial establishments, stalls and wet markets within the territorial
jurisdiction of Barangay Poblacion, Aborlan, Palawan promoting the use of
alternative and eco friendly shopping bags or packaging materials,
providing for penalties, necessary funds and for other purposes
15.Comprehensive animal management ordinance of barangay Poblacion.