09 January 2003

MR. CHRISTOPHER P. MANANTAN

No. 23-C Barangay New Lucban
Baguio City

THRU: CD JOSE O. RAPANUT

DILG City Office
Baguio City

Dear Mr. Manantan:

This pertains to your letter dated 09 January 2003 challenging the undersigned to shed
light on the issue as to whether or not elective barangay officials are entitled to leave
credits.

As could be gleaned from our records, this is the third time you wrote us to enlighten
you on the issue. Apparently, you keep on raising the same issue because of the
alleged contrary opinion of the City Accounting Office and the refusal of the barangay
treasurer to prepare the disbursement voucher of your mothers claim for her honoraria
while she was on official leave and also for her year-end benefits for CY 2002.

We stand firm on our position that elective barangay officials are entitled to leave
privileges. We have already stated in our response to your second query at least three
provisos as our bases for our position. And just to make emphasis on our point, may we
be allowed to quote again the pertinent provisions of Section 81 of the Local
Government Code of 1991, Article 172 of its IRR and Section 5 of CSC MC No. 41, s.
1998, thus:

“SECTION 81. Compensation of Local Officials and Employees. –

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Elective local officials shall be entitled to the same leave privileges as those enjoyed
by appointive local officials, including the cumulation and commutation thereof.”

“ART. 172. Leave Privileges. – Elective local officials shall be entitled to the same
leave privileges and such other leave privileges as the law may provide, subject to the
standards set by CSC, as those enjoyed by appointive local officials, including
cumulation and commutation thereof, x x x.”

“SEC. 5. Leave credits of local elective officials. – x x x However, starting January 1,

1992, local elective officials shall be entitled to leave privileges as those enjoyed by
appointive local officials, including accumulation and commutation thereof.”
It is beyond the shadow of doubt that elective barangay officials are elective local
officials. Thus, the above-quoted provisos are clearly applicable to them. Please take
note that there was never a qualification in the above provisions excluding the elective
barangay officials on their application. Well settled under the rules on statutory
construction that when the language of the law is clear, there is no room for its
interpretation; there is only room for its implementation.

May we again add, that if the concerned officials still refuse to pay the honoraria and
year-end benefits of your mother, you could charged them for violation of Section 512
of the same Code which explicitly provides that:

“SECTION 512. Withholding of Benefits Accorded to Barangay Officials. – Willful and

malicious withholding of any of the benefits accorded to barangay officials under Section
393 hereof shall be punished with suspension or dismissal from office of the official or
employee responsible therefor.”

We hope this case would finally be put to rest by this letter.

Warm regards.

Very truly yours,

TOMAS A. KIWANG, JR.

Regional Legal Counsel

Cf: The City Accountant

City Hall, Baguio City

The Punong Barangay

New Lucban, Baguio City

The Barangay Treasurer

New Lucban, Baguio City