October 30, 2017

THE HONORABLE MEMBERS

OF THE 18TH SANGGUNIANG PANLUNGSOD
General Santos City

THRU: HON. SHIRLYN L. BAÑAS-NOGRALES

City Vice Mayor

Subject: Veto message on the proposed Ordinance No. 44 Series of 2017.

LADIES AND GENTLEMEN:

Pursuant to Section 55 in relation to Section 54, Chapter III, Title II, Book I of RA 7160,
the undersigned hereby vetoes the proposed Ordinance No. 44 Series of 2017 which was
enacted by the august body during its 59th Regular Session on October 10, 2017, the copy
of which was endorsed to and received by the Office of the undersigned for approval on
October 19, 2017.

The proposed ordinance sanctioned the accredited barangay health workers who are
actively and regularly performing their duties to be entitled, among others, hazard
allowance, insurance and honorarium, thus the proposed legislation reads:

“Section 12. Benefits and Incentives. – In recognition of their services, all

accredited barangay health workers who are actively and regularly performing their
duties shall be entitled to the following incentives and benefits:

“a) Hazard Allowance. – A volunteer barangay health worker in rural and

urban areas, exposed to situations, conditions or factors in the work
environment or place where foreseeable but unavoidable danger or risks
exist which adversely endanger his/her health or life and/or increase in the
risk of producing adverse effects on his/her person in the exercise of his/her
duties, to be validated by the proper authorities, shall be entitled to hazard
allowance in an amount to be determined by the Local Health Board and the
committee on Public Order and Safety of General Santos City.
“b) Insurance. – The Barangay Health Worker (BHW) is entitled to free
Philhealth to be provided by the city.

The undersigned vetoes only the aforequoted portion of the proposed legislation on two
reasons: (i) volunteer barangay health workers (BHW) are not among those contemplated
health workers under RA 7305 (Magna Carta of Public Health Workers) entitled for
hazard allowance; and (ii) the Three Million Pesos (P3,000,000.00) funding requirement
for the BHW program is not included in the Annual Investment Program (AIP) of the
city.

Volunteer barangay health workers (BHW) are not among those

contemplated health workers under RA 7305 (Magna Carta of Public
Health Workers) entitled for hazard allowance.

Health workers under RA 7305 (Magna Carta of Public Health Workers) shall mean
“all persons who are engaged in health and health-related work, and all persons
employed in all hospitals, sanitaria, health infirmaries, health centers, rural health units,
barangay health stations, clinics and other health-related establishments owned and
operated by the Government or its political subdivisions with original charters and shall
include medical, allied health professional, administrative and support personnel
employed regardless of their employment status.”

It is clear from the foregoing that such health workers are those engaged in health and
health-related work, and all persons employed in all hospitals, sanitaria, health
infirmaries, health centers, rural health units, barangay health stations, clinics and other
health-related establishments owned and operated by the Government or its political
subdivisions with original charters. Generally, a volunteer is not an employee, thus, the
legal vinculum of employer-employee relationship does not exist between volunteer
BHWs and the respective Barangays.

Further, honorarium as contemplated by law is a form of compensation given as a token

of appreciation or reward for gratuitous services. As such, the fact that they are mere
volunteers make them qualified only for honorarium since under the law, hazard
allowance is granted exclusively to those employed health workers.

The Three Million Pesos (P3,000,000.00) funding requirement for the

BHW program is not included in the Annual Investment Program (AIP) of
the city.

Should it be approved, the proposed legislation may still not be implemented. For not
having been included in the Annual Investment Program (AIP) of the city, it would be
impracticable to undertake the proposed legislation.

May this merit your consideration.

Thank you very much.

Very truly yours,

RONNEL C. RIVERA
City Mayor