C Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Office of the Provincial Director DILG Provincial Office, Government Center, Dahican, City of Mati, Davao Oriental ADVISORY FOR : ALL CITY/MUNICIPAL MAYORS: ATTN 3 ALL PUNONG BARANGAYS THRU : CIMLGOOs SUBJECT : REMINDERS ON THE APPOINTMENT, TERMINATION OR RETENTION OF BARANGAY HEALTH WORKERS (BHWs), BARANGAY NUTRITION SCHOLARS (BNS), AND BARANGAY DAY CARE WORKERS (BDCWs) DATE : JUNE 13, 2023 Section 389 (b)(5) of Republic Act 7160, otherwise known as the Local Government Code of 1991, mandates the Punong Barangay, as the chief executive of the barangay government, shall upon approval by the majority of all members of the Sangguniang Barangay, appoint or replace the barangay treasurer, the barangay secretary, and other barangay appointive officials. To operationalize the above-cited provision of RA 7160, the Department issued the following Memorandum Circulars, to wit: * DILG MC No. 2022-150 dated 18 September 2002 re “Guidelines on the Appointment of Barangay Secretaries, Treasurers, and Other Appointive Barangay Officials; * DILG MC No. 2022-150-A dated 18 September 2002 re “Addendum to MC No. 2002-150 Providing for the Guidelines on the Appointment of Barangay Secretaries, Treasurers, and Other Appointive Barangay Officials; and « DILG MC No. 2010-147 dated 13 December 2010 re “Termination/Retention of Barangay Health Workers (BHWs), Barangay Nutrition Scholars (BNS), and Barangay Day Care Workers (BDCWs)’. In view of the above, all Punong Barangays and Sangguniang Barangay Members are reminded of the following: “Mating, Mahusay at Measahan” ‘Tel /Fax No: (087) 3883-794/e-mall address: dilg_davor@yahoo.comRepublic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Office of the Provincial Director DILG Provincial Office, Government Center, Dahican, City of Mati, Davao Oriental * The Sangguniang Barangay may set the qualifications, appurtenant to the position and the disqualification of BHWs. BNS, BDCWs taking into consideration the laws enacted for the purpose. * The BHWs, BNS, and BDCWs are considered as “other barangay appointive officials", as such, their appointment are, by their nature, co-terminous with the appointing authority’. + The Punong Barangay shall, upon approval by a majority of all the members of the Sangguniang Barangay, appoint or replace other appointive barangay officials”, * In the requirement of Sangguniang Barangay concurrence, the Sangguniang Barangay Members shall simply determine whether or not the appointee of the Punong Barangay possess all the qualifications and none of the disqualifications. * The terms of office of BHWs, BNS, and BDCWs shall expire upon the expiration of the terms of office of the Punong Barangays. * The BHWs, BNS, and BDCWs may be removed for cause in accordance with the Civil Service law, rules and regulations*. Likewise, all Punong Barangays and Sangguniang Barangay Members are enjoined to: 1. Reappoint those BHWs, BNS, and BDCWs who: * Were already provided training by the national and/or local governments; * Gained sufficient experiences in the performance of their respective jobs. 2. Continue utilizing the knowledge, skills, and experiences of incumbent BHWs, BNS, and BDCWs in their field of services, in order to avoid the need to train their replacement. {CSC Opinion dated 28 July 1998, addressed to then Director Amaro M. de los Sanfos of DILG-LS. 2 Section 389(0)(6) of RA 7160 5 DILG MC No. 2002-150 dated 18 September 2022 “Matino, Mahusay at Maasahan” Tel /Fax No: (087) 3883-794/e-mail address: dilq_davor@yahoo.comRepublic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Office of the Provincial Director DILG Provincial Office, Government Center, Dahican, City of Mati, Davao Oriental BHWs, BNS, and BDCWs may not be reappointed if it is proven that they are not performing effectively while in service in the past barangay administrations For information, guidance, and reference. ORLE A. CABKOBAO, MPA, MDM Pr ial Director Lacds: OACLLWAICU ‘ip “Mating, Mohusay at Measahan” Tel /Fax No: (087) 3883-794/e-mail address: dilg_davor@yahoo.comof REPUBLIC OF THE PHILIPPINES F9VF 03 DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT {A Francisco Gold Condominium II Edsa Cor. Mapagmahal St. Diliman, Quezon City S OFFICE OF THE SECRETARY} September 18, 2002 MEMORANDUM CIRCULAR NO. 2002 - 150- TO i ALL REGIONAL DIRECTORS, PROVINCIAL DIRECTORS, CITY DIRECTORS, MUNICIPAL LOCAL GOVERNMENT OPERATIONS OFFICERS, CITY/MUNICIPAL MAYORS, PUNONG BARANGAYS, SANGGUNIANG BARANGAY MEMBERS, AND OTHERS CONCERNED SUBJECT = GUIDELINES ON THE APPOINTMENT OF BARANGAY SECRETARIES, TREASURERS AND OTHER APPOINTIVE BARANGAY OFFICIALS In view of the influx of numerous requests for opinion on certain issues and concerns relative to the appointment of barangay secretaries, treasurers and other barangay appointive officials, and in line with the general supervisory authority of the DILG over Local Government Units, as delegated unto the Secretary under Administrative Order No. 267 dated 18 February 1992 of the Office of the President, these GUIDELINES are hereby issued to clarify the appointment of barangay secretaries, treasurers, and other appointive barangay officials. ARTICLE I QUALIFICATIONS AND PROCESS OF APPOINTMENT SECTION 1. Barangay Secretary. Pursuant to Section 394 of RA 7160, otherwise known as the Local Government Code, the barangay secretary shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the barangay secretary shall not be subject to attestation by the Civil Service Commission. The barangay secretary shall be of legal age, a qualified voter and an actual resident of the barangay concerned. No person shall be appointed barangay secretary if he is a sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity. SEC. 2. Barangay Treasurer.- Pursuant to Section 395 of RA 7160, otherwise known as the Local Government Code, the barangay treasurer shall be appointed by the punong barangay with the concurrence of the Vvop majority of all the sangguniang barangay members. The appointment of the barangay treasurer shall not be subject to attestation by the Civil Service Commission. The barangay treasurer shall be of legal age, a qualified voter and an actual resident of the barangay concerned. No person shall be appointed barangay treasurer if he is a Sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity. SEC. 3. Other Appointive Barangay Officials The punong barangay shall, upon approval by a majority of all the members of the sangguniang barangay, appoint or replace other appointive barangay officials. ARTICLE NATURE OF APPOINTMENT SECTION 1. The appointment of barangay secretary, barangay treasurer and other barangay appointive officials are, by their nature, co- terminous with the appointing authority (CSC Opinion dated 28 July 1998, addressed to then Director Almario M. de los Santos, Legal Service, DILG). SEC. 2. The term of office of barangay elective officials elected in the 15 July 2002 barangay elections commenced on 15 August 2002 per Section 4 of RA 9164 (Synchronized Barangay and SK Elections). In that regard, the previous and present terms of office of Punong Barangays are separate and distinct from each other, such that upon the expiration of the terms of office of the Punong Barangays elected in the 1997 Barangay Elections on midnight of 14 August 2002, the terms of office of barangay secretaries and barangay treasurers likewise expired. Accordingly, reappointment of incumbent barangay secretary and barangay treasurer or an appointment of a new barangay secretary and barangay treasurer is necessary, which shall be done in accordance with the Process provided for under Sections 394 and 395 of the Local Government Code, respectively. SEC. 3, In the requirement of Sangguniang Barangay concurrence, the Sangguniang Barangay shall simply determine whether or not the appointee of the Punong Barangay possesses all the qualifications, which are: (a) must be of legal age; (b) must be a qualified voter; and (c) must be an actual resident of the barangay concerned, and none of the disqualifications, such as: (a) if he/she is a sangguniang barangay member; (b) if he/she is a government employee; and (c) if he/she is a relative of the Punong barangay within the fourth civil degree of consanguinity or affinity, or he/she is suffering from some other legal impediments. When the appointee possesses alll the qualifications and none of the disqualifications, any withholding of concurrence by the Sangguniang A y23 Barangay shall be considered whimsical, arbitrary and unjustifiable, and would thus be tantamount to abuse of authority. SEC. 4. Pending compliance with the condition of concurrence, the appointee, in the exigency of public service, shall be allowed to discharge and perform the powers, duties and responsibilities pertaining to the office and they shall be considered to be holding a temporary appointment. SEC. 5. Pursuant to Section 5 of RA 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees”, the Sangguniang Barangay shall act on the appointment within fifteen (15) working days from receipt of the appointment as submitted by the Punong Barangay. ARTICLE Il REMOVAL SECTION 1. The removal of barangay secretary and barangay treasurer shall require the concurrence of the majority of all the Sangguniang Barangay members (Alquizola vs. Ocol, G.R. No. 132413, 27 August 1999). However, the barangay secretary and barangay treasurer may also be removed for cause in accordance with the pertinent Civil Service law, rules and regulations. In such case, concurrence of the majority of all the Sangguniang Barangay members is not anymore required. SEC. 2. The Punong Barangay shall, upon approval by a majority of all the Sangguniang Barangay Members, replace other appointive barangay officials (Sec. 389 [b] [5], Local Government Code). Said barangay officials may also be removed for cause in accordance with the Civil Service law, rules and regulations. For the guidance of all concerned. <4 ATTY. MABIGS P; CORPUS Actihg Secretary ~ ae b Attested by: Mm AGRIPINO G. MORGA Undersecretary for Administration Head Executive Assistant LSLD/LaS « ; oP ie 4 REPUBLIC OF THE PHILIPPINES H PEL eas oh DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMBNT®IGHA7 8 aa ‘A Francisco Gold Condominium Il Edsa Cor. Mapagmahal St. *5 OMT a hehe Dee Gacy SB stance = ROS seu fone Pag wo OFFICE OF THE SECRETARY September 18, 2002 MEMORANDUM CIRCULAR NO. 2002-150-A TO ‘ ALL REGIONAL DIRECTORS, PROVINCIAL DIRECTORS, CITY DIRECTORS, MUNICIPAL LOCAL GOVERNMENT OPERATIONS OFFICERS, CITY/MUNICIPAL MAYORS, PUNONG BARANGAYS, SANGGUNIANG BARANGAY MEMBERS, AND OTHERS CONCERNED SUBJECT : ADDENDUM TO MC NO. 2002-150 PROVIDING FOR THE GUIDELINES ON THE APPOINTMENT OF BARANGAY SECRETARIES, TREASURERS AND OTHER APPOINTIVE BARANGAY OFFICIALS WHEREAS, in DILG Opinion Nos. 99, s. 1997; 140, s. 1997, and several others, it was our position that re-appointment of incumbent Barangay Secretaries and Treasurers, including other appointive barangay officials, is no longer necessary so long as their appointment by the Punong Barangay has not been revoked by the new Punong Barangay, whether re-elected or newly elected; WHEREAS, in an Opinion dated 28 July 1998 given by the CSC, it was ruled that Barangay Secretaries, Treasurers and other appointive barangay officials are, by their nature coterminous with the appointing authority; WHEREAS, due to the belated issuance of MC No. 2002-150, the same having been circularized only last 18 September 2002, several incumbent Barangay Secretaries, Treasurers and other appointive barangay officials upon the re-election and assumption into office last 15 August 2002 of the previous Punong Barangay who appointed them, or those whose appointments have not been recalled by the newly elected Punong Barangay, continued to hold office without re-appointment; WHEREFORE, in addition to the guidelines set forth under MC No. 2002-150 dated 18 September 2002, hereunder are the following:a2 ARTICLE IV TRANSITORY PROVISIONS Section 1. All Barangay Secretaries, Treasurers and other appointive barangay officials who continued to hold office without a reappointment from the re-elected or newly elected Punong Barangay upon the latter's assumption into office, shall be considered de facto officers until such time that they were re- appointed or their replacement has been appointed by the Punong Barangay. However, the incumbent Punong Barangays should immediately issue the necessary re-appointments, should they opt to retain the services of the old Barangay Secretaries and Treasurers and other appointive barangay officials or issue the appointments of the replacements. SEC. 2. The de facto officers mentioned above are entitled to all the salaries or honoraria and other benefits and emoluments accruing to them during the time they rendered services as such de facto officers. ARTICLE V REPEALING CLAUSE Section 1. DILG Opinion Nos. 99, s. 1997; 140, s. 1997, and all other Opinions and Circulars inconsistent herewith are deemed repealed or modified accordingly. For the guidance of all concerned. Secretary _ Re Attested by: tree ATTY. AGRIPINO G. MO! Undersecretary for Administration Head Executive Assistant LsermertenaREPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ‘A. Francisco Gold Condominium Il, EDSA cor. Mapagmahal St. Diliman, Quezon City December 13, 2010 MEMORANDUM CIRCULAR No. 2010- 147 TO : ALL PUNONG BARANGAYS, SANGGUNIANG BARANGAY MEMBERS, DILG REGIONAL DIRECTORS, THE REGIONAL GOVERNOR OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO AND OTHERS CONCERNED ‘SUBJECT: TERMINATION/RETENTION OF BARANGAY HEALTH WORKERS (BHWS), BARANGAY NUTRITION SCHOLARS (BNS), AND BARANGAY DAY CARE WORKERS (BDCWs) Pursuant to Section 389 (b) (5) of R.A. 7160, otherwise known as the “Local Goverment Code of 1991”, upon approval by a majority of all members of the sangguniang barangay, the punong barangy shall appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials. Further, in an opinion dated 28 July 1998 rendered by the Civil Service Commission (CSC), it was ruled that barangay secretaries, treasurers and other appointive barangay officials are, by their nature, co-terminus with the appointing authority. Should the barangay, therefore, opt to retain the services of these appointive barangay officials, the punong barangay shall issue re-appointments with the concurrence of the sangguniang barangay. While it is the prerogative of the punong barangay to appoint or replace appointive barangay employees, it is worth considering that the incumbent Barangay Health Workers (BHWs), Barangay Nutrition Scholars (BNS) and Day Care Workers were already provided trainings by the national and/or local government and gained sufficient experiences in the performance of their respective jobs. Cetebnating 20 Years of Local Htutonomy in the PhilippinesIn view thereof and to continue uliizing their knowledge, skills and experiences in their field of services and to avoid the need to train their replacement, all punong barangays and sangguniang barangay members are hereby strongly encouraged to reappoint them unless it is proven that they are not performing effectively while in service in the past barangay administrations. All DILG Directors and Field Officers are hereby directed to cause the immediate dissemination of this Memorandum Circular in their respective AORs. sessfl M coo Secretary For the guidance of all concerned. si.crocnises SE