Newly elected barangay officials can terminate the services of employees appointed by their predecessors without fear of violating the law, but the Department of the Interior and Local Government warned them that it should have the concurrence of the majority of the barangay council.
Pascual Veron Cruz Jr., head executive assistant of the office of DILG Secretary Ronaldo Puno, said it was already clarified by the Supreme Court that the barangay councils have the power to appoint or replace all appointed employees of the barangay.
After winning the October 29 elections, many of the new officials replaced the barangay employees, particularly the secretary and treasurers of the barangay, including the tanods and other appointed employees.
But in other areas, although they also wished to replace the employees appointed by their predecessors, some new barangay officials are hesitant to do it for fear they might violate the law.
This prompted some of them to ask for a legal opinion from the DILG-head office in Manila.
“While technically speaking, these barangay appointive officials and employees are co-terminus with the appointing authority, to a certain extent, however, they enjoy security of tenure insofar as they can only be removed after following the procedures provided for by the law,” Cruz said.
He said the barangay captain can remove any of the appointed barangay employees, but it should be approved by the majority of all the members of the barangay council.
If the newly elected barangay officials wished to rehire the services of the barangay employees appointed by their predecessors, there is a need for an issuance of a new appointment to comply with the provisions of the law and the concurrence of the barangay council.
About the queries of some barangay officials whether those barangay employees are entitled to separation and retirement pay, Cruz explained that since barangay appointive employees are paid through honoraria, they are not entitled to such benefits.
Cruz also said the barangay officials can hire additional workers and create other positions, but they should first enact an ordinance about the purpose before appointing anybody to such a position. — Rene U. Borromeo/BRP