Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT A. Francisco Gold Condominium Il, EDSA cor. Mapagmahal St., Dliman, Quezon City OFFICE OF THE SECRETARY ALG OPINION NO._32_S, 2005 08 June 2005 VICE MAYOR VICTORIO GC. OSABEL STO. NINO, WESTERN SAMAR Dear Vice Mayor Osabel: This refers to your query as to whom between the Mayor and Vice Mayor has “control of the Sangguniang Bayan”. Since your query was couched in general terms, it is thus imperative to inform you that the administration of a particular office entails a wide coverage which ought to be qualified. Therefore, we opted to compartmentalize our opinion in the following manner, to wit: A. AUTHORITY TO SIGN CHECKS/WARRANTS AND DISBURSEMENT VOUCHERS FOR EXPENDITURES APPROPRIATED FOR THE OFFICE OF THE VICE MAYOR AND FOR THE OPERATION OF THE SANGGUNIANG BAYAN Consistent with previous DILG Opinions on the matter, such as Opinion Nos. 40-02; 136-98; 67-94; and 194-93, the power to sign checks/warrants and disbursement vouchers relative to all expenditures appropriated for the operation of the Sangguniang Bayan and the Office of the Vice Mayor is vested unto the Vice Mayor. As a matter of fact, it is one of his mandated tasks under Section 445 of RA 7160, otherwise known as the Local Government Code. Said section provides, to wit: “SEC. 445. Powers, Duties and Compensation- (a) The Vice Mayor shall: (1) Be the presiding officer of the sangguniang bayan and sign all warrants drawn on the municipal treasury for all expenditures appropriated for the operation of the sangguniang bayan; xxx.” Corollary thereto, Section 39 of COA Circular No. 92-382 dated 03 July 1992, prescribing the Accounting and Auditing Rules and Regulations designed to implement RA 7160 provides, to wit: "SEC. 39. Approval of Vouchers. Approval of the disbursement voucher by the local chief executive himself shall be required whenever local funds are disbursed, except for regularly recurring administrative expenses, such as payrolls for regular or-2- permanent employees, expenses for light, water, telephone and telegraph services, remittances to government creditor agencies xxx and others where the authority to approve may be delegated. However, disbursement vouchers for expenditures appropriated for the operation of the sanggunian shall be approved by the provincial vice governor, the city vice mayor or the municipal vice mayor, as the case may be.” (underlining ours) Further, Section 43 of the same COA Circular provides, in part, that: “xax In case, however, of expenditures appropriated for the operation of the sanggunian, checks drawn thereon shall be countersigned by the provincial vice governor, the city vice mayor or the municipal vice mayor, as the case may be.” B. AUTHORITY TO APPOINT THE SANGGUNIAN SECRETARY May you be informed that per CSC Resolution No. 92-1111, the Commission rendered an opinion to the query of Mr. Roberto A. Balonkita, informing the latter that it is the Municipal/City Vice Mayor or Vice Governor who appoints the Secretary to the Sanggunian, as provided under Section 445, 456, and 466 of the Local Government Code (RA. 7160). In view of the abovestated principle and in relation to the general rule that the appointing authority exercises control and supervision over his/her appointees, it is thus opined that the Secretary to the Sanggunian is under the control and supervision of the Vice Mayor. C. APPOINTING AUTHORITY OVER CASUAL EMPLOYEES Casual employees admit of two kinds: (1) pursuant to a plantilla item as casual employees, e.g. casual employees under the plantilla of the sanggunian; and (2) casual employees hired through job orders for local projects authorized by the sanggunian without need of approval or attestation by the Civil Service Commission. The second kind of casual employees may refer to those casuals hired to address emergency or seasonal work in the local government unit concerned, Insofar as the first kind of casual employees is concerned, please be informed that in our previous opinions (Opinion Nos. 87 and 173, s. 2002), we already had the occasion to opine and still so maintain today that the power to appoint sanggunian employees, including casual employees in the sanggunian, is vested with the Vice Mayor. In relation to the second kind of casual employees, Section 77 of the Local Government Code is clear on the matter that said kind of casual employees are to be appointed by the Mayor, thus: “SEC. 77. Responsibility for Human Resource and Development... The chief executive of every local government unit shall be responsible for human resources and development in hisunit and shall take all personnel actions in accordance with the Constitutional provisions on civil service, pertinent laws, and rules and regulations thereon, including such policies, guidelines and standards as the Civil Service Commission may establish ! Provided, That the local chief executive may employ emergency or 4 casual employees or laborers paid on a daily wage or piecework | basis and hired through job oriters for local projects authorized by the sanggunian concerned, without need of approval or attestation by the Civil Service Commission: Provided, further, That the period of employment of emergency or casual laborers as provided in this Section shall not exceed six (6) months,” We hope to have enlightened you on the matter. Very truly yours, =e ANGELO T. REYES Secretary Legal:87/La @ Samay Ris. Director William C. Paler Si. Gor a : Taco cy AUR