DOJ Opinion No. 166, s. 1994

DOJ OPINION NO. 166 , s. 1994 December 28, 1994 Hon. Hilarion J. Ramiro, Jr. House of Representatives Quezon City Sir : This refers to your request for a "second opinion" on the issue of whether or not "barangay elective official (specifically barangay council members) can be appointed/designated as Day Care Workers in their barangay". Attached to your request is an Opinion No. 133, s. 1993, rendered by the Department Legal Counsel, Department of the Interior and Local Government (DILG) on the aforequoted issues. You state that the said opinion simply cited the relevant provisions of the Local Government Code of 1991, expressly prohibiting any effective or appointive local official (1) to be appointed or designated "in any capacity to any public office or position during his tenure" (Section 94), and (2) to "receive additional, double, or indirect compensation, unless specifically authorized by law . . ." (Section 95). However, it is your view that the day care of barangay health worker is a mere volunteer since he "does not hold any approved appointment issued by any government agency and . . . not covered by Civil Service laws", and should, therefore, be allowed to receive traveling allowance," hence, the instant request. dctai This Office regrets that it has to decline rendition of the opinion requested. The resolution of your query would amount to a review of the ruling of the abovementioned official. Pursuant to established precedents, this Department has consistently desisted from expressing his views on or passing upon the rulings and/or official actuations of other government officers and officials over whom the Secretary of Justice exercises no supervisory jurisdiction and over whose actions he possesses no revisory authority, unless so requested by the officials concerned, who in this case, is the DILG Department Legal Counsel (Secretary of Justice Ops. Nos. 14, s. 1941; No. 11, s. 1987; and No. 91, s. 1982). Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary