Barangay exec defends not signing payroll

CEBU, Philippines — Councilwoman Libertine Lumapas of Barangay Umapad, Mandaue City clarified that her decision not to sign the payroll for job order employees --resulting in their honorarium remaining unpaid since January-- is legally justified.

Lumapas, chairwoman of the committee on appropriations, yesterday requested the understanding of at least 100 barangay employees, explaining that she was simply following the regulations for disbursing government funds.

“Naluoy kaayo ko sa kahimtang sa mga trabahante sa among barangay ug nakasabot ko sailang feelings ngakaguol ug kahiubos. Bisan naman ako sa ilang lugar, I will do the same, magpasweldo pud ko sa akong hinago-an ilabina sa kalisod karon nga atong nasinati,” she said.

Lumapas claimed that she refused to sign the payroll from January until August 2024 because the appointment of the employees didn’t undergo concurrence or approval by the majority of Umapad Barangay Council.

“Kung pwede pa lang ma-sweldoan nga dili ko madaot ba willing g’yud kaayo mi kay mao na among kalipay, apan duna man tay balaod nga gisunod,” said Lumapas.

Aside from lacking concurrence, Lumapas said that the employees also lack supporting documents, and their Daily Time Record doesn’t have Umapad Barangay Captain Reb Cortes’ signature.

Lumapas described this as some sort of “legal issue” in terms of the interpretation of the local government code.

In her defense, Lumapas argued that her actions complied with the Local Government Code and regulations from the Commission on Audit (COA). She said Cortes “insisted” that only the treasurer and the secretary needs approval by the council.

However, in a separate interview, Cortes argued that the workers whose appointments are categorized under Maintenance and Other Operating Expenses (MOOE) do not need approval from the barangay council.

“No need ang concurrence ang ‘other appointed workers’ kay ang naa man didto ‘and other appointed officials’ man ni, actually dili man na officials ang Clean and Green,” he said.

Cortes said that DILG Mandaue City Director John Joan Mende advised the barangay that concurrence is not necessary for MOOE personnel. These include Clean and Green employees who receive ?5,000 a month.

With this, Lumapas said that the barangay sought a legal opinion from the Department of the Interior and Local Government (DILG)-7 to determine if approval by the barangay council is required for the employees.

“Nadawat namo ang opinion sa DILG regional office niadtong bulan sa Agosto 9 nga nag ingon nga kinahanglan og pagtugot sa majority sa konseho ang tanang i-hire nga trabahante sa kapitan,” said

With this, Lumapas said that from August to September, Cortes presented all of his appointees to the barangay’s regular sessions. It was on September 13, 2024 when the employees were concurred by the council.

However, Lumapas said that retroactive payments for services provided from January to August 2024 are not permitted by law.

“Under the law, the start date of the appointed employees is reckoned from the date of their concurrence by the Sanggunian, unless otherwise provided,” said Lumapas.

Lumapas referred to the barangay council session last June 7, when Mende said that the approval of appointments wouldn’t be applied retroactively.

As reported, the unpaid barangay workers will only be given one month’s worth of honorarium since their appointment was just recently approved by the council.

Yet, she likewise said that they are seeking a legal opinion from DILG regarding their decision to pay the employees who have rendered their services without the council’s concurrence.

Lumapas said she is willing to sign the payroll now that their "legal issue" has been clarified. She added that she is just waiting for the documents.

Earlier, Mandaue City Prosecutor Mary Francys Daquipil endorsed Associate Prosecutor Chauncey Boholst's recommendation to dismiss the complaint, determining that Lumapas acted within the bounds of the law.

The prosecutors found that her refusal to sign the payroll documents didn’t violate the Anti-Graft and Corrupt Practices Act, as her actions were taken in “good faith” and “without malice”.

The complaint was filed by job-order workers Gemma Mata Ortega, Girlie Reyes Gabisan, Lea Gabisan Jimenez, Lima Sotchesa Orogan, and Erwina Batulan Caño last May 30, who accused Lumapas of violating the Anti-Graft and Corrupt Practices Act.

In their complaint, they claimed that even though they completed their duties under the Clean and Green Program from January to April 2024, they were denied their monthly honoraria of ?5,000 because Lumapas refused to certify the payroll.

Last October 14, employees, including tanods, clean and green personnel, lupon members, and drivers, held a silent protest at the Umapad barangay hall to demand the payment of their wages. (CEBU NEWS).