Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT. ‘A. Francisco Gold Condomiaiatai i Bidlg, FDS" comer Mapagmahal St., Diliman, Quezon C13 DILG OPINION RO. 17 8. 2010 08 Mareh 2010 ENGR. NESTOR M: PARAFINA Vice Mayor Municipality of Atimonan Province of Quezon Dear Vice-Mayor Parafina: ‘This refers to your letter seeking our opinion regarding the controlling doctrines on the interpretation of Section 445(2) of the LGC of 1991, particularly the phrase “all officials and employees of the Sangguniang Bayan’. Specifically, you posed the following queries, to wit: 1, The undersigned would like to inquire if this phrase inciudes the appointment of regular plantilia positiors, casual employees and contractual or job order employees under the Office of the Sangguniang Bayan and Office of the Vice Mayor, which includes the Secretary to the Sangguniang Bayan. 2. Im such case that the Municipal Mayor has his own interpretation of this provision opposite to the usual practice by the Civil Service Commission, what should be his remedy? 3. In such case that the Municipal Mayor himself interprets and construe the said phrase literally and confines its application to any appointments (regular or casual employees) to be made by the Municipal Vice Mayor on employees under the Office of the Sangguniang Bayan and not of the Office of the Sangguniang Bayan Secretariat, hence challenging the usual practice by the Civil Service Commission (CSC) as shown by the authorization made by an authorized official of the CSC, could the appointed employees under the Office of the Sangguniang Bayan. Secrerariat be deprived of uneir usual benefits and saravies without any notic Anent your first query, it must first be recalled that in Atienza ys Villarosa |G.R. No. 161081, May 10, 2005), our Supreme Court ruled that while the Governor has the authority to appoint officials and employees whose salaries are paid out of the provincial funds, this does not extend to the officials, and employees of the Sangguniang Panlalawigan and of the Office of the Vice~ Governor whose salaries are paid out of the funds appropriated for the Sangguniang Panlalawigan because such authority is lodged with the Vice- Governor. “Thus, what determines the authority to appoint officials and employees of the province is the source of the appointees’ salaries. In so ruling, our Supreme Court applied Section 465(hy), in relation to Section 466(2), of the LGC of 1991.fase i is waxable that, in Adenza vs. Villocosa js ihe power of the Vice-Governor was involved, we are of the view that the ruling in said case applies by analogy to a Municipal Vice Mayor. This is because Sections 465(Kv) and 466(2) of the LGC of 1991, which were the provisions basically used in deciding the aforementioned case, are substantially similar to Sections 444(bXv) and 445(2) of the same law, which are the applicable provisions for municipalities. With respect to the Secretary to the Sanggunian, please be informed that in our Opinion No. 32 series of 2005 dated June 8, 2005, citing CSC Resolution No. 92-1111, the Vice-Mayor or Vice-Governor appoints the Secretary to the Sanggunian ‘as the former, being the presiding olficer of the Sanggunian, exercises control and supervision over the latter. Significantly, said opinion is consistent with the ruling in Atienza vs. Villarosalsupra.] which held that the authority of the Governor to appoint does not extend to the officials and employees of the Sangguniang Panlalawigan and of the Office of the Vice Governor whose salaries are paid out of the funds appropriated for the Sangguniang Sanlalawigan because such authority is lodged with the Vice~ Governor. With respect t& & asi job order esnj ality As also contained in our Gpiaioa No, 32 series of 2005 dated une 8, 2005, considered job order employ ces as among those falling under the second type of casual employees. Thus, we clavified therein that there are vo) types of casual employees, t0 wit: {al those provided for im the planilla of the local government unit concerned and filled up via “appointment”, and {bj those not provided for in the plantilla and hired through job order contracts. In the first type of casual employees, we were, and are still, of the view, consistent with our earlier Opinions Nos. 87 and 173, series of 2002, that the ‘Vice Mayor has the authority to appoint them. In the Second type, on the other hand, the Mayor has the authority to hire them through the execution of job order contracts. This is because while there is nothing in the I.GC of 1991 that confers authority upon the Vice Mayor to sign any contract, Section 77 of the LGC explicitly confers authority upon the local chief executives to hire workers through job order contracts. To sum up, the authority to appoint en to fil up regular and casual positions in a local government unit is genes aily Lodgec. with: the Mayor. ut if the salaries of these employees are paid out o: lie funds appropriated for the saniggunian, ine authociey 1% appoint them ie 2 'eed with the Vi reginilicss UF wuetlier hey Would be working oie the Ovive Sanggunian self or its secretariat or under the Oli.ce of the Vice Mayor. To opine otherwise would constitute undue intericreace wich each other's, funcuions. However, with respect to casual positions not provided for in the plantilla and are to be hired through job order contracts, the authority to hire them is lodged with the Mayor regardless of the source of their salaries, “To opine differently would run counter to the explicit provision of the LGC as aforementioned which confers authority upon the local chief executives to hire job order employees. Anent your second query, from the foregoing discussion, it is evident that the action of the Mayor is not sanctioned by the Local Government Code and, in this regard, you are hereby advised to avail of the remedies under the Taw. Anent your third query, it is our view that the employees working with the Office of the Sangguniang Bayan Secretariat cannot be deprived by the Mayor of their salaries and benefits simply because they were appointed not by him but by you as the Vice Mayor, To state otaenwise would run counter to therule against undue interference between the executive and the legislative branches of the local government unit, as enshrined in Atienza vs. Villarosa {supra} and as explained above. We hope we have enlightened you on the matter. Very truly yours, By authority of the Secretary: ATTY. JESUS 8. 0OQUB IV Rirector i 7 eguztins ce Regional Director Josefina Castilo-Go DILG, FT Complex, Taguig City MLGOO. YONNE 5). PERUA Bry. 2 Alabat, Quezon