City lawyers: Hiring barangay captain as city consultant not a violation

CEBU, Philippines – The city legal office says there is no violation of the prohibition on double compensation in the hiring of Labangon Barangay Captain Felix Abella as City Hall consultant.

In an opinion rendered by Atty. Carlo Vincent Gimena, Abella's consultancy services in the field of land and real property acquisition and management under the of-fice of the mayor does not fall under double compensation.

City Attorney Joseph Bernaldez concurred Gimena's opinion saying that Abella was hired based on his professional and technical skills on the field.

"It does not constitute a possible double compensation on the part of Engr. Abella. Being a mere consultant, Engr. Abella will not violate the prohibitions on double compensation," Gimena said in his five-page report.

Gimena added that the Abella will render his professional services to the city and not as a barangay captain.

Being a mere consultant, Gimena said there is no employer-employee relationship between Abella and the city government.

City Councilor Edgardo Labella, chairman of the committee on laws, earlier raised the matter before the council when Councilor Jose Daluz III sponsored a resolution hiring Abella as consultant.

Labella cited a case of Flores vs. Drilon, which involved then Olangapo mayor Richard Gordon who was appointed as chairman of the Subic Bay Metropolitan Author-ity.

"The Supreme Court ruled that Gordon was ineligible for appointment throughout his tenure but may resign first from his elective office before he may be considered for appointment," Labella said.

But Gimena said that consultancy services are not considered government service. He said that a consultant provides professional advice on matters within the field of his/her special knowledge.

"There is no employer-employee relationship in the engagement of a consultant but that of a client-professional relationship," Gimena said.

He, however, pointed out that full-time consultancy is obviously not allowable. Gimena explained that full-time consultancy occurs when an employee or official ac-cepts consultancy job in another government agency or private institution.

Gimena also stressed that hiring Abella as consultant that deals on technical aspect can only be valid and enforceable if there is a concurrence and approval of the city council.  (FREEMAN)