Opinion No. 06, s.

2004

January 28, 2004

NAME: PGO
Name: GMS
Email: govloretoleo@yahoo.com

Sir/Madam:

This pertains to your letter requesting for our clarification on whether

or not the prohibition on double compensation will apply to an appointment
of an elected Barangay Kagawad for any government position on casual or
job order basis.

In reply thereto, we answer in the negative.

Please be informed that pursuant to Local Budget Circular No. 66

dated 04 March 1998, elective barangay officials are compensated in the
form of honorarium. Honorarium is defined by the Supreme Court in the
case of Santiago v. Commission on Audit (G.R. No. 92284, 12 July 1991), as
something given not as a matter of obligation but in appreciation for services
rendered, a voluntary donation in consideration of services which admit of
no compensation in money.

The prohibition on double compensation, therefore, does not apply to

this particular case of a Barangay Kagawad considering that he is receiving
honorarium and not compensation.

May we take issue, however, on the applicability of the prohibition on

“double appointment”. Section 94 (a) of the Local Government Code
pertinently provides:

“SECTION 94. xxx No elective or appointive local official

shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure xxx.”

Thus, an elective official cannot be employed in any government

position which requires appointment or designation. You mentioned
“government position on casual or job order”. At this juncture, please be
informed that casual employment is different from job order basis. Casual
employment in government requires appointment while job order basis does
not.

“Casual” is an employment status that requires appointment issued to

a person for essential and necessary services where there are not enough
regular staff to meet the demands of the service pursuant to Section 2 (f),
Rule III of the Omnibus Rules on Appointments and Other Personnel Actions
(CSC MC No. 40, s. 1998). Hence, a Barangay Kagawad cannot be hired as
casual in any government position.

Services rendered under job order basis are not considered

government service. There is no employer-employee relationship that
exists. It is governed by a contract (Sections 1 and 2, Rule XI, ibid).
Hence, a Barangay Kagawad can be hired to work with the government on
job order basis, provided that his duties as an elective official are not
prejudiced, or that no conflict of interest arises.

We hope we have enlightened you on the matter.

Very truly yours,

G. J. EMETERIO S. MORENO, JR.

Director III

LS:02:68/Merle