BUREAU OF LOCAL GOVERNMENT FINANCE DEPARTMENT OF FRANCE “iat veg fal Wie nten [BLGF MEMORANDUM CIRCULAR Wo, “S992 20 October 2016 10 BLGF Rogional Directors ofthis Buoau, Provincial, City and Municipal Treasurers and Others Cencernod SUBJECT : Civil Service Commission (CSC) Opnnion on the Notice of Separation of Local Treasurers For the information and guidance of al conseined, atached is a copy of CSC- OLA Opinion No, 402s. 2016 dated 28 September 2016, rolevant porton of which reads 8 follows: "Basod on Section 94, RRACS, i is expicly provided that a notice of separation relative tothe dropping from the roll of an employee shall be signed by the appropiate appoining authorly or head of office. The provision of Section 8¢, RRACS should be reac in relation to Section 470 {@) and (0) ofthe Local Government Code of 199%, such that a notce of Separation shall be signed by the appointing authority only oF his authorized representative (GLGF Executive Director). It must be emphasized that ahead ofofce may not be the appointing authorty of a certain poston in te govemnment service, Jursprudenea replete ith ‘cases where the Supreme Cour has time and again held thatthe power ‘appoint caries with tthe power to remava orto discipine.” Al BLGF Regional Directors are hereby directed to take note of the sbovernentioned opinien and disseminate the came tc all provincial, ey end municipal treasurers and assistant treasurers and to other aces conceened, Peake be guided accordingly wate, NIKO RAYMOND B. ALVINA, ‘O10 Executive Director (serve Coniston (080) Opn Nate of Sparano resi “Teeapeatagurod ne Tapat, Responsable st Maksbuluhang Panga Yaman at Pagatasa ng Parsi! Lokal”No 6a ag za. oo Stir SERVICE COMMISSION sana ALVINA, Nido Raymond B. Re: Notice of Separation; Section 94, RRACCS, (Query) (02016-09053) 26 Sepemnber 2016 ito Raymond B. Alvna ‘OIC Executive Dizetor Bureau of Local Goverment Finance Depariment of Finance {8° Floor EDPC Building, BSP Complex Roxas Bivd, 1004 Manila Dear Executive Director Alvin: ‘Thisrefers to your Leter dted August 15,2016 seeking cleficaton of Setion 94 ofthe Revised [Rules on Adminisraive Cases in he Cia Serves (RAC), partilarly on who wil sign a ‘olice of separation, Past of your ltr reads "By way of information, the authority to apprint local treasurers and their casistants was deegoted by the Secretary of Finance to the BLOF Executive Director under Depariment Personne! Order No. 305-2000, deted 27 October 2000. By wrt of said delegrion and pursuant to tue afore-quoted provision, the BUGE Bxecutve Director signs the Notice of Separaion for Dropping fom Rell. "in view ofthe foregoing, this Burecu wishes to be clarified ifthe phrase ‘eppropriate appointing authorty or head of oft” alternatively refer to the Secretary of Finance asthe appobing authors of reanrers pursuant 0 Section 1470 (a ofthe Local Government Code or 0th loca chief executive, considering ‘hat parsua 0 Section 470 (97 treasurers are under the immediate supervision ofthe later” "Secon 470 () Te east espn bythe Sec of ace ae of et (3) raking, {lpbleecommendes ote goer or myo acs nay sae erie aw le eto "een £10. () Theses sal be see nine mpersnon fe aver or ay hae sy wht etal pn eur ce hint acto esate al genet ie Ina RACE, Sr Rass, Ase, Chad Eee Pllc Scie ‘3eSC Badin BP Rx, Cnsinon Ms 1126 Que Ci» 51-FASHD-PNNY SD caphate ce ger mmcPlease be informed tht as a matter of policy, the Commission resins ftom rendering opinion ‘on mutter that may be brought before icin the futare by vay of a complaint or an ped Section 4, RRACCS provides, thus: "Section 94 Writen Notice: Who Signs. he written notice mentioned tr the preceding paragraphs may be signed by the person esoreising inonedits supernsion over the oficial or employee. However the notice of separation shall Be signed by the appropriate appointing authori cr head of office.” Based on the above-quoted provision, it is explictly proved that notice of seperation reletive to the dmpping fram the rolls of an employee shall be signed by the appropeate appointing auhvity of hed of office. The provision of Seaton 94, ERAS should be read in relation to Seetion 470 (a) an (b) ofthe Local Governzient Code of 1991, such fate natce of septation sll be signed by the appointing authority only rhs authosized representative (BLGP Exettive DirecorIemust be emphasiaed that head of ofice may not be the appointing authority of © ‘etn postion inthe government service, Iurispudenoeisreplete with cases where the Supreme CCouet as time and again bed th the power o spoint caries witht the power o remove orto spline! ‘We hope we have enlightened you on the rate. ‘Very rly yours, ATTY. ARIEL G. RONQUILLO Assistant Cofmissioner Ofice for Legal Airs 2epaspat cae "Depo Pesan! Order Na, 308-2000, Ostaber27, 200 “ aguine,¥, De Cato, .R No. OR Ne. 127631 Dane 17, 199