Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ‘A. Francisco Gold Condominium Il Bidg, EDSA corner Mapagmahal St., Diliman, Quezon City OFFICE OF THE UNDERSECRETARY FOR LOCAL GOVERNMENT Le Ge October 17, 2006 VICE MAYOR VICTORIO C. OSABEL Sto. Nifio, Western Samar Sir: This pertains to letter seeking our legal opinion on whether or not the act of the Municipal Mayor designating the Municipal Assessor as Municipal Budget Officer is legal. In reply to your query, may we invite your attention to Section 94(a) of the Local Government Code which provides that: “SECTION 94(a) - No elective or appointive lovai official. shall be eligibie for appointment or designation in any capacity to any publle office or position during his tenure, Unless otherwise provided by law or by the primary functions of his Position, no elective or appointive local official shall hold any other office or ‘employmoat in the Government-owned or controtied corporations or in any of their subsidiaries.” In view of the above-mentioned provision, please be informed that the Municipal Assessor, during his tenure as such, cannot be appointed in any capacity to any other public office or position such as Municipal Budget Officer. However, in cases of exigency of the service, a mere designation or an imposition of additional duties to an officer of the municipality is allowed Provided such designation shall not exceed one year, applying the rule on temporary appointments under Section 27(2), Book V, EO 292. [DILG Opinion No. 127 S. 2002] The Municipal Assessor, in this case may validly be designated to perform the duties and functions of the Municipal Budget Officer, which designation, nonetheless, shall not exceed one (1) year. Hope we have enlightened you on the matter. Very truly yours, AD PA WENCELITO T. ANDANAR Undersecretary Lecal-O4/ Merle ani, (| {