THE non-payment of salaries for over 100 job order (JO) employees in Barangay Umapad for 10 months resulted from the barangay captain’s failure to follow proper hiring procedures, not political disputes, according to a village official.
Umapad Barangay Councilor Libertine Lumapas accused Barangay Captain Reb Cortes of failing to submit the appointments of JO workers to the Barangay Council for approval, which Lumapas described a violation of the Local Government Code.
“The reason the workers in Barangay Umapad have not been paid is not related to our political differences,” Lumapas said in a press conference on Monday, Oct. 28, 2024.
“This is a mistake on the part of the captain, who did not follow the law regarding the hiring of workers. First, he should have presented all appointees to the council before they were employed,” she added.
Defense
In a separate interview, Cortes defended his actions, saying the appointments were made under the previous administration and were merely reinstated by him.
Cortes has sought clarification from the Department of the Interior and Local Government (DILG) regarding the honorarium for the workers in August.
“DILG City Director (John Joan) Mende informed me that salaries must be provided since the services have already been rendered,” Cortes said in Cebuano.
Cortes added that workers hired under maintenance and other operating expenses (MOOE) programs do not require council approval.
“Initially, barangay appointees under MOOE don’t need the concurrence of the majority of the council because they are not official barangay officials but part of specific programs,” Cortes said.
“If she (Lumapas) truly followed the law, what law was she referencing? Clearly, everything was meticulously planned,” he added.
Lumapas said her refusal to sign the payroll was not meant to obstruct the workers but to ensure compliance with government regulations. She emphasized that bypassing procedures could lead to disallowances or suspension notices from the Commission on Audit.
“As public servants, we are bound to abide by rules and laws. I wanted the workers to be paid, but I had to ensure that everything was in order,” she said.
Root of the conflict
The conflict began in December 2023, when Cortes appointed workers without obtaining the required concurrence from the barangay council.
According to Section 389(b)(5) of the Local Government Code, the barangay council’s approval is necessary not only for appointing the treasurer and secretary but also for hiring other personnel.
Lumapas said Cortes disregarded this requirement, insisting that only the treasurer and secretary appointments needed council concurrence.
The councilor said she withheld her signature, citing incomplete documentation, such as unsigned daily time records and the absence of council approval for the appointments.
“This is public money. We need complete documentation to ensure that funds are properly disbursed,” she said, adding that she consulted the DILG for a legal opinion.
In August, the DILG Central Visayas issued an opinion stating that the hiring of all employees by the barangay captain must have the approval of the council’s majority.
In compliance, Cortes presented his appointees during the council’s regular sessions in September, and the council approved the appointments on Sept. 13.
With the procedural issues now resolved, Lumapas said she is prepared to sign the payroll as soon as it is presented to her.
She also said that they will seek further legal guidance from the DILG regarding unpaid salaries from January to August.
Lumapas disclosed that the criminal aspect of the complaint filed against her in May 2024 before the Office of the Ombudsman Visayas was dismissed by the Mandaue City Prosecutor’s Office on Sept. 5. The anti-graft office forwarded the criminal case to the prosecutor’s office.
Five JO workers—Gemma Mata Ortega, Girlie Reyes Gabisan, Lea Gabisan Jimenez, Lima Sotchesa Orogan, and Erwina Batulan Caño—had accused her of violating Sections 3(e) and 3(f) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act.
The Ombudsman referred the administrative aspect of the complaint to the City Council.
“We acted in good faith throughout this process,” Lumapas said.
“This was never about politics. It was about ensuring fairness, compliance, and protecting public funds,” she added. / CAV