A Legal Guide for Barangay Tanods and Barangay Health Workers (BHWs)
In the Philippines, the barangay serves as the primary planning and implementing unit of government policies. At the heart of this service are the Barangay Tanods and Barangay Health Workers (BHWs). A common point of contention in local governance is whether the Barangay Chairman or the Sangguniang Barangay can deduct amounts from their honoraria due to absences from meetings or duties.
To understand the legality of these deductions, we must look at the Local Government Code of 1991 (RA 7160), Department of Interior and Local Government (DILG) opinions, and existing jurisprudence.
1. The Nature of "Honorarium" vs. "Salary"
The first legal distinction to understand is that Tanods and BHWs are generally considered volunteer workers, not regular government employees with fixed salaries. They receive an honorarium, which is defined as a token of appreciation for services rendered where no fixed price is set by law.
- Under RA 7160: Barangay officials and appointive workers are entitled to honoraria and other emoluments as may be authorized by law or barangay ordinance, subject to the 45% or 55% personal services (PS) limitation of the barangay budget.
2. The "No Work, No Pay" Principle
The Commission on Audit (COA) and the DILG generally uphold the principle of "actual service rendered." Since an honorarium is compensation for service, it follows that if no service was rendered (i.e., the person was absent), the basis for the full payment of the honorarium is diminished.
For Barangay Tanods:
Tanods are usually governed by the terms of their appointment and the Executive Order (EO) or Barangay Ordinance that created the Tanod Brigade.
- If the ordinance specifies that attendance at meetings or specific patrol shifts is a requirement for the full release of the honorarium, the barangay is legally allowed to prorate the payment based on attendance.
For Barangay Health Workers (BHWs):
BHWs are protected by Republic Act No. 7883 (Barangay Health Workers' Benefits and Incentives Act of 1995).
- While they are entitled to various incentives, their local honorarium is still subject to the availability of funds and the rules set by the local government unit (LGU).
- Persistent absences can be grounds for "de-registration" from the BHW registry, which would result in the total loss of the honorarium.
3. Legal Basis for Deductions
The power to deduct is not arbitrary. It must follow a legal process to avoid being classified as "grave abuse of discretion."
- Barangay Ordinance or Resolution: There must be a clear internal rule (approved by the Sangguniang Barangay) stating that honoraria are subject to deductions for absences.
- The Principle of Proportionality: Deductions should be proportional to the missed service. For example, if a Tanod misses 1 out of 4 required weekly meetings, a deduction equivalent to 25% of the meeting-related portion of the honorarium is generally seen as reasonable.
- Due Process: The worker should be given a chance to explain the absence (e.g., medical reasons or emergencies).
4. Can the Punong Barangay Do This Unilaterally?
No. The Punong Barangay (Barangay Captain) cannot simply decide to "fine" a Tanod or BHW on a whim.
- The authority to set the compensation and the rules for its release lies with the Sangguniang Barangay through an appropriation ordinance.
- The Captain implements the ordinance. If the Captain deducts money without a supporting ordinance or a clear record of absence, this could be grounds for an administrative complaint for Oppression or Misconduct.
5. Summary of Rules
| Entity | Legal Status | Basis for Deduction |
|---|---|---|
| Barangay Tanod | Appointive / Volunteer | Based on the Barangay Ordinance and attendance logs. |
| BHW | Accredited Volunteer | Based on LGU guidelines and RA 7883 performance standards. |
| Condition | Must be backed by a written policy or "No Work, No Pay" principle. |
Final Thoughts
While Barangay Tanods and BHWs are vital volunteers, their honoraria are tied to the performance of their duties. Deductions for missed meetings are generally legal, provided they are supported by a Barangay Ordinance and the worker was indeed absent without a valid excuse. However, these deductions should never result in the worker receiving less than the minimum incentives mandated by national law (in the case of BHWs).
Note: If you believe a deduction was made unfairly or without a legal basis, the first step is to file a formal grievance with the Barangay Grievance Committee or seek a legal opinion from the DILG Municipal/City Operations Officer.
Would you like me to draft a sample Barangay Resolution that outlines the policy for attendance and honoraria to ensure everything is legally documented?