Probe sought into ‘illegal’ hiring of barangay lawyer

A resident of barangay Camputhaw has requested the Office of the Ombudsman-Visayas to investigate the alleged irregularity in the designation of lawyer Sisinio Andales as legal counsel of barangay Camputhaw despite his being incumbent barangay captain of Pahina Central.

A certain Rodnie Ray Tumulak requested acting deputy ombudsman Virginia Palanca Santiago to look into the designation of Andales as legal counsel for Camputhaw in 2004.

Tumulak alleged in his letter to Santiago that Andales cannot be designated as such because it is a violation of the provisions of the Local Government Code.  Section 94 of the said law provides that, “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.”

Further, Section 95 provides that, “no elective or appointive local official or employee shall receive additional, double, or direct compensation, unless specifically authorized by law, nor accept without the consent of Congress, any present, emoluments, office, or title of any kind from any foreign government.”

On top of the Local Government Code, it also violates Circular 95-011 of the Commission on Audit that prohibits employment by government agencies and instrumentalities —including government owned and controlled corporations— of private lawyers to handle their legal cases.

Tumulak attached in his request for investigation a payroll of barangay Camputhaw for the months of August to November 2004 signed by barangay captain Lorenzo Basamot and barangay treasurer Lyrna Vito showing the name of Andales.

Based on the payroll Andales was paid P6,000 a month or a total of P24,000 for four months. 

The payroll allegedly shows that Andales is double compensated because on top of his honorarium as barangay captain of Pahina Central he is also receiving a salary as legal counsel of barangay Camputhaw.  — Fred P. Languido/BRP