INTRODUCTION

The Philippine Constitution recognizes the importance of local

government units. It provides as a policy that "the State shall
guarantee and promote the autonomy of the local government units 11
-- especially the barangays -- to ensure their fullest development as
self-reliant communities."

The foundation of the entire structure of the government lies on

the local governments. Their (the local governments) acts directly
affect the ordinary citizen as the average citizen has more and closer
contacts with the local governments and their agencies than with the
national or provincial government, and is more concerned with the
local affairs than with those of the national or provincial in scope.

Just like the national government, a local government also

exercises the principle of separation of powers through the creation of
municipal, city and provincial councils commonly known as the
“Sanggunian”. The Sanggunian is the legislative body of the local
governments which, through its legislative authority reviews and
approves acts of the local chief executive. Each Sanggunian does not
only function to legislate but also acts as a quasi-judicial body for all
administrative complaints against local officials under its supervision.

Local Government Units (LGUs), although vested with

autonomy by the Constitution are somehow limited by the revenue
allotment coming from the national government. Hence, local
legislation is seemingly, for some LGUs of lesser priority when it
comes to establishing strong and reliable legislative team who will
provide administrative and technical support to the members of the
Sanggunian. In this regard, the Secretary to the Sanggunian plays a
vital role in keeping the local legislators abreast with the technicalities
of local legislation given a limited amount of resources and a small
team of legislative staff. And this is where the problem arises. All
resolutions, ordinances and other official acts of the Sanggunian shall
be signed by the Secretary to the Sanggunian and the Presiding
Officer.2 Will the absence of the signature of the Secretary
invalidates such ordinance or resolutions? Are there guidelines or
rules promulgated by the Department of the Interior and Local
Government (DILG) who directly supervises LGUs to ensure that all
local legislations are certified by the Sanggunian Secretaries? If the
Civil Service Commission (CSC) authorizes to perform the duties of a
career official by another officer such as that of the Secretary to the
Sanggunian and a local legislative officer, what happens when both
are absent or when no other officer exists in the Office of the
Sanggunian?

1
Section 25, Article III of the 1987 Philippine Constitution

2
Section 469 (c) (2) of Republic Act No 7160 or the Local Government Code of 1991
 SIGNIFICANCE OF THE STUDY

Local Legislation is a legal instrument in the responsible use of

power, authority and resources. Moreover, it plays an important role
in policy making for local development to achieve inclusive growth
and in effect promote the general welfare. It is a process that involves
the interaction among the local legislative body, executive branch,
civil society, non-governmental organizations and the private sector.
This interaction is key in development legislation that enhances
governance, promotes checks and balances, and exercises good
governmental relations. The Sanggunian is by law the branch of
Local Government that performs this function. The Secretary to the
Sanggunian plays an important role in the efficient discharge of
legislative functions. The Secretary provides technical and
management support to the members of the Sanggunian.
Consequently, the Secretary is mandated by law to certify, all
resolutions, ordinances and other official acts of the Sanggunian.

This study aims to determine whether or not an ordinance

without the certification of the Secretary is valid. While the Civil
Service Commission provides an exception in performing duties of
second level positions by the first level positions, CSC clearly stated
that such exception shall not apply to positions involving supervisory
and executive managerial positions3 such as that of the Secretary to
the Sanggunian. There are several local government units that due
to the lack of funds, absence of qualified applicants or even
unwillingness of the authority to appoint have no Secretary to the
Sanggunian. However, the functions and duties of the local
Sanggunian must continue for the actions of the local chief executive
and all career officials and employees under him to be lawful.

3
Section 13 (c) (2) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions
 REVIEW OF RELATED LITERATURE

The Office of the Secretary to the Sanggunian which came into

existence in 1992 through the enactment of Republic Act No. 7160
also known as the 1991 Local Government Code has been a subject
of a judicial petition in the case of La Carlota City vs. Rojo where the
appointment of the former member of the Sanggunian as Secretary to
the Sanggunian was questioned by the CSC Field Office concerned
due to the absence of the signature of the local Human Resource
Management Officer. The Secretary to the Sanggunian was also the
subject in CSC Resolution No. 000110 S.2000 where the said
Commission emphasized that the former is not a department head
hence, doesn’t require concurrence of the Sanggunian.

When the author of this study personally pursued for an answer

from CSC if the certification of an unauthorized employee of the
Sanggunian on an Ordinance or Resolution invalidates such, the
Commission replied with “it is the policy of this Office to refrain from
giving opinion/comments on specific questions, which may pre-empt
any decision that this Office would take on such matter, should the
same be subsequently elevated to us. The rendering of opinion by
this Office is only for the purpose of providing the person requesting
the same, clarification on laws and rules that shall serve as guide for
future action. The rendering of opinions is not intended to provide a
categorical or pre-emptive ruling on matters or issues which may be
later on elevated to this Office or to any appropriate forum through an
actual case or appeal, such as in the present issue”. 4

METHODOLOGY
4
Zerna, Karin Litz P. Director IV, CSC Region IVA
T