Republic of the Philippines Department of the Interior and Local Government CORDILLERA ADMINISTRATIVE REGION Barangay Center, Baguio

City

DILG-CAR OPINION NO. 18, s. 1999

(A follow-up to DILG-CAR Opinion No. 17, s. 1999)

APPOINTMENT OF SECRETARY TO THE SANGGUNIAN -QUERIES1. Whether or not the CSC rulings cited by the undersigned (Hon. Farias)

in his letter-reply to Mrs. Rivera, et al. dated 18 November 1999 are still subsisting?
2. Whether or not DILG Opinion No. 8 dated 22 February 1995 has any

effect on the appointment of Atty. Perez in the light of the CSC rulings cited?
3. Whether or not there are other requirements imposed by the DILG, in

addition to those already provided for by the CSC, regarding the appointment of LGU officials and employees, particularly those in the Sangguniang Panlungsod?
4. What would be the effect of the Resolution approved by majority of the

members of the City Council requesting the appointee to file his leave of absence despite his approved appointment duly attested by the Office of the City HRMO who is duly accredited by the CSC?

-OPINIONOn the first query, may we inform you (Hon. Farias) that we are not aware of any recent and/or contrary Resolution issued by the Civil Service Commission (CSC) which will supersede and/or amend the rulings/decisions which you have cited in your letterreply dated 18 November 1999. In fact, we have cited those Resolutions in our letterreply to the query raised by Hon. Betty Lourdes F. Tabanda Re: whether or not the appointment of Atty. Perez requires concurrence of the members of the Sanggunian, a copy of which was furnished your good office. Moreover, it appears that CSC-CAR made a definitive answer already, thereby upholding the decision of the Commission on the matter. Anent the second query, may we inform you that, by implication, we did not adopt the ruling enunciated under DILG Opinion No. 8 as far as the issue on concurrence is concerned in our aforementioned letter-reply to Hon. Tabanda. While it is true that we are bound by the legal opinion rendered by the Department, a careful perusal of the subject opinion shows that, as far as concurrence of the members of the sanggunian on appointments made by the vice governor/mayor is concerned, the same was simply adopted from another opinion; i.e., that of Hon. Aquilino Q. Pimentel in his book entitled The Local Government Code of 1991: The Key to National Development, 1993 Edition, p. 517. It cannot be doubted that the good senator is an authority as the

principal author of the Code, but his opinion cannot outweigh the consistent contrary rulings enunciated by the CSC, a collegial body clothed with adjudicatory powers, and upheld by no less than the Supreme Court. It is equally true that while the contemporaneous construction of the law by the legislative and executive branches of the government is entitled to respectful consideration, it is not controlling on the judiciary, (Yra v. Albano, 52 Phil. 380). The judiciary retains the ultimate right to construe provisions of laws or statutes. Thus, the import of the DILG opinion, as far as concurrence is concerned, does not hold water in the face of contrary rulings promulgated by competent tribunals. At best, the opinion of Hon. Pimentel is just that an opinion. On the third query, may we inform you that our mandate is primarily governed by the Local Government Code of 1991 and such other applicable laws, statutes, and/or circulars relative to local governance. To our knowledge, providing for other qualifications and/or additional requirements for the appointment of LGU officials and employees is outside the competence of the DILG. If at all, it is the CSC, as the central personnel agency of the government, who has authority and/or jurisdiction over the matter . On the fourth query, may we state that a Resolution is a legislative action that is of temporary character, (Art. 107, IRR of the 1991 Local Government Code). It is an expression of the sentiments or the declaration of a will, opinion, decision or position being rendered by the members of a deliberative body on certain issues and matters of public interests and has no permanent value, (R.M. Dihan, Handbook on Local Legislation, @ 1998, pp. 147-148). Thus, at the outset, the Sangguniang Panlungsod Resolution requesting Atty. Perez to file his leave of absence pending the resolution of the "dispute" over his appointment is valid and binding. It is just an expression of the will or the opinion of the legislative body concerned. But, it is simply that - an expression of a will or an opinion. It has no binding effect on the appointee. Atty. Perez has the discretion on whether or not to heed the clamor of the body he is mandated to serve. This is more of a question of ethics and not a justiciable issue. Moreover, our level is not competent to rule on the matter. Our opinion, however, is without prejudice to an opinion from a higher body or to a ruling from a competent tribunal.

______________ Opinion rendered on 29 November 1999 to HON. DANIEL T. FARINAS, City Vice Mayor, Baguio City. Prepared By: Reviewed By:

EUGENE M. BALITANG Regional Legal Counsel Approved:

PATRICK D. ONUS Assistant Regional Director

EVERDINA ECHALAR-DOCTOR Regional Director

lopinion18.doc