DILG OPINION NO. 19 S. 1999

February 11, 1999

MAYOR JESSIE B. CASTILLOOffice of the MayorBacoor, Cavite

Re: 1. The proper appointing authority for the position of the Secretary to the Sanggunian.

2. Whether the appointment of the Secretary to the Sanggunian requires the concurrence of the Sanggunian.

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 latter’s 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

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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