DILG OPINION NO. 09 S.

1999

14 January 1999

MR. ROLLY K. CHAVES

Poblacion, Sagay
Camiguin 1903
Re:

(1)
Whether a Lupong Tagapamayapa
Member is entitled to an appropriate civil service
eligibility under Section 393 (b) (5) of the Local
Government Code which grants eligibility to
certain barangay officials.
(2)
Whether a Member of a cultural
minority is ipso facto a civil service eligible.

Dear Mr. Chaves:

As regards your first query, we regret to inform you that a lupon
member is not included in the enumeration of the barangay officials
who are granted appropriate civil service eligibility by the Local
Government Code subject to certain rules and regulations issued by
the Civil Service Commission.
Under the law, the barangay officials entitled to such eligibility
are the following, to wit: the punong barangay, the sangguniang
barangay members, the barangay treasurer and the barangay
secretary. Applying the rule in statutory construction expressio
unius est exclusio alterius, since the lupon member is not included
in the enumeration, it is deemed excluded.
With regard to your second query, we are likewise sorry to let
you know that there is no legal basis to support the stand that mere
membership in a cultural minority makes you a civil service eligible of
any grade level.
Be that as it may, it could be of help for you to be informed that
Section 22 of Executive Order No. 122-C, otherwise known as the
law Creating the

-2Office for Southern Cultural Communities, provides that the

Executive Director shall, for the extent practicable, appoint
deserving members of the southern cultural communities to
appropriate positions in the Office even if such appointees do
not possess the required civil service eligibility pursuant to
Section 23 of Presidential Decree No. 807, in consonance with
the provisions of Presidential Decree No. 1414, provided,
however, that priority consideration shall be given to qualified
members of the southern cultural communities who possess civil
service eligibility, and provided, further that in the filling up of
positions in the approved position structure and staffing pattern of the
Office, preference shall be given to qualified and eligible personnel of
the former Bureau of National Minorities (emphasis supplied).
We hope that we have shed light on the matter.
Very truly yours,

JESUS I. INGENIERO
Assistant Secretary
LS:19/La
cc:

The MLGOO
DILG Municipal Field Office
Sagay, Camiguin
The Regional Director
DILG Regional Office No. X
Cagayan de Oro City