REPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Francisco Gold Condominium I, EDSA cor. Mapagmahal St, Diliman, Quezon City OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT VLG QPINON NO 66 5, BtV,,7 August 8, 2007 MR. ROLANDO B. JARABELO Barangay Chairman Barangay Milagrosa, District IIT Quezon City Dear Brgy. Chairman Jarabelo: This pertains to your letter dated 14 June 2006 where you sought the Department's legal opinion on the following issues: 1. Isit valid and justifiable reason under RA 7160 otherwise known as the 1991 Local Government Code, for an elected barangay of ficial to continuously refuse acceptance of responsibilities delegated by the Council and Punong Barangay just because for not receiving honorarium allowance? | | 2. Can the elected barangay official be liable| for any administrative and or criminal charges inspite of continuing refusal to accept responsibilities? Such as: | a) Chairmanship of Committees in accordance with barangay IRP; | ) Compliance from the memorandum of the City Mayor thru the Barangay Operations Center, (BOC):©) Compliance from the memorandum) of the Punong Barangay delegating other functions, duties and responsibilities pursuant to Section |s92 of RA 7160 known as the Local Government Code. We answer the first query in the negative. |Please take note that under Section 392 of the 1991 Local Government | Code (RA 7160), it is provided viz: “SEC, 392. Other Duties of Sangguniang Barangay Members. In addition to their duties as members of the sangguniang barangay, sanggunian barangay members may: a) Assist the punong barangay in the discharge of his duties and functions; b) Act as peace officers in the maintenance of public | order and safety: and | ° Perform such other |duties and functions as the punong barangay may delegate’. It is quite clear that the imposition of additional responsibilities by the punong barangay may be justifiable as additional duties. Non- performance thereof may give rise to an adeinistrative charge. of “Dereliction of Duty”. Moreover, Section 1 of Article XI of the| Philippine Constitution provides: “Public Office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with the utmost responsibility, integrity, loyalty and efficiency act with patriotism and justice and lead modest lives." | | “Compensation is not indispensable to a public 4ffice. Tt is not part of ‘the office but merely incident thereto, and attaches to the office itself, |and not to the officer." (De Leon, The Law on Public best, therefore, if she/he feels that this incidental Officers; p. 165), At enefit is being trifled with then she/he must go to court and seek its proection Not accepting responsibilities that go with the public of fice simply ecause of a perceived deprivation of an incidental benefit, which may turn|out to be justified, is evidently not an option nor the solution pursuant statutory and constitutional provision. Anent the second issue, if the elected baranga to the above quoted official persists in his intransigence by continuously refusing to accept responsibilities such as (1) Non-holding of Committee Chairmanship pursuant to + he sanggunian internal rules of procedure. (2) Non-compliance with the memorandum of the City Mayor thru the Barangay Operations Center and (3) Non-compliance with the memorandum of the punong barangay which law ully delegated other functions, duties and responsibilities pursuant to Section 392 of RA 7160, then subject elective barangay official may be e: administrative case for dereliction of duty pursuan’ posed to or possible to Section 60 of RA 7160 or under its rules of internal discipline contained in the Adopted Internal Rules of the Sangguniang Barangay. We hope we enlightened you on the matter. Legal:09/esm Very truly yours, ls fy AUSTERE A PANADERO / Undersecretary ie