DILG OPINION NO. 19 S.

1999

February 11, 1999

MAYOR JESSIE B. CASTILLO

Office of the Mayor
Bacoor, Cavite
Re:
authority
Secretary to
the
requires the
Sanggunian.

1.

The
for

proper
appointing
the
position
of the
the Sanggunian.

2. Whether the appointment of

Secretary to the Sanggunian
concurrence of the

3. Whether the appointment of

the
Secretary to the Sanggunian
needs to be
passed or
submitted to the Personnel
Selection Board.
Sir:
In reply to the above-captioned first query, please be informed
that the proper appointing authority for the position of the Secretary to
the Sangguniang Bayan is the Vice-Mayor, pursuant to the latters
power to appoint officials and employees of the Sangguniang Bayan
{Section 445, the
Local Government Code of 1991}. It may be
worthy to emphasize that in Civil Service Resolution No. 92-1111 dated
August 25, 1992, it was declared that the
secretary to the
sangguniang bayan is not a department head

- 2 -

but is merely mandated by the Local Government Code to be a career

official with a rank and salary equal to that of a Department Head.
In reply to the second captioned query, please be informed that
since the Secretary to the Sanggunian is not a Department Head, any
appointment issued therefor no longer requires the concurrence of the
Sanggunian concerned. Concurrence of the Sanggunian is necessary
only in the appointment of the heads of department in the local
government unit (Sec. 443(d), Local Government Code).
Finally, in reply to the third captioned query, please be informed
that appointments to career positions in the local level should,
generally and as far as practicable, be done with the assistance of the
Personnel Selection Board.
However, non-compliance with the
Personnel Selection Board screening is not a fatal defect as long as the
appointee meets the minimum qualification for the position (CSC
Resolution No. 94-2842 dated 26 May 1994 in relation to CSC
Resolution No. 96-0919 dated February 13, 1996).
Hope we have enlightened you on the matter.
Very truly yours,

JESUS I. INGENIERO
Assistant Secretary
LS:33/Merle