Republic of the Philippines

Province of Palawan
Municipality of Aborlan

BARANGAY POBLACION
DECEMBER 3, 2014
HON. MARIO DACQUER
PROVINCIAL DILG OFFICER
PALAWAN PROVINCIAL GOVERNMENT

Thru:

HON. LENNY ESCARRO

MUNICIPAL LOCAL GOVERNMENT OFFICER
POBLACION, ABORLAN, PALAWAN, PHILIPPINES
REGION IV-B

Dear Sir/ Madam:

Greetings!
This is in connection with the memorandum of the DILG Secretary on the
withholding of LGUs Public Officials- pertinently the Barangay Councilors
Honorarium in case of absence during the regular sessions of the Barangay.
I wish to implore your consideration of shedding some light on these following
particular matters:
1. Whether the memorandum issued by the Honorable DILG Secretary
regarding this matter does not contravene the express provision on the
autonomy of the Local Government Units vis--vis with the supervisory
power (as distinguished for control and supervision) exercised by the DILG
over the LGUs;
1

2. Whether or not the memorandum impedes the proper exercise of

discretion of the Barangay Officials as it poses substantial inhibition
against their primary function as legislators- thus, the Barangay may no
longer adopt policies for self improvement specifically support on
schooling programs for its council since they will be forced to attend the
regular sessions and meetings, thereby, an unnecessary inconvenience for
them.
3. Whether the DILG was authorized under law to exercise its discretion to
control the LGUs even without its assent, in an arbitrary manner and
ultimately without affording the public official of their right to due process
of law;
4. Whether or not, the implementation of this law, must conform to the legal
requirement of notice and hearing?
5. Whether the memorandum is self executing that it no longer requires the
concurrence of the Barangay concerned, thru laws such as local
ordinances or resolutions adapting the same;
6. If absent any ordinance on this matter, thereby, the DILG may be held
liable for any irregularities (if any) since the proscription was by virtue of
its sole prerogative to enforce a law;
7. Since the compensation received by virtue of this office was merely
honorary (as distinguished from lucrative compensation) does the no
work no pay rule applies appropriately among the elected official?
8. For justifiable reason, such as pursuit of legal education that necessarily
incurs absences during Barangay Sessions, would it not be positively
beneficial to the LGU since this kind of self enhancement will also improve
legislative service? Conversely, the DILG having denied the token
(honoraria) to the concerned official, would it imperatively render
appropriate the deduction that the Barangay do not deserve the same
qualitative service from such official since the denial of his compensation
may be deduced as an act of ingratitude from the Barangay- hence, public
service was at all a mechanical act of service devoid of discretion and
purely clerical in nature?
9. If at all, then it would justify that the public office being personal in nature
that we can legally authorize persons in our behalf to perform all the
clerical acts mandated by law since discretion in this kind of office has
already been denied?
10.Succinctly, if this memorandum accepts no exception, then a public
official may at his pleasure, refuse to perform competent services to the
Barangay which necessarily requires legal knowledge, and just contend
with the simple tasks of slacking off inside the Barangay Hall. If this
situation occurred, how will it benefit the future of the Barangay?
11.For all the foregoing, may I inquire further, what can be the possible
remedies for me that will give due course on this matter?

Finally, I do not intend to defeat the spirit of public service, rather I only wish
to clarify the purpose of the law concerned as it was applied arbitrarily against me. I
implore your wisdom on this matter since I had also, for 9 long years, devoted the
unconditional service to better our community, if only, had I not authored
substantial number of resolutions and ordinances, rules of procedures, numerous
amendments; all of which were upshot of my study in Law School, then shall my
grief render futile this exercise of reason.
I have attached the certified true copy of payrolls from September to October
of which I have not received my token. In return, may I also request a copy of the
DILG Memorandum issued pertinent to this matter for appropriate judicial
clarification.
Thank you and more power.

Courteously,

REDEEM M. JOYA
Barangay Kagawad
Poblacion, Aborlan, Palawan