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CAMPIL, Danilo N.

Re: Designation of Municipal Administrator as Personnel Officer and Ex-officio Member of the Personnel Selection Board x------------------------------------------------------------x RESOLUTION NO.__01-1478__ Danilo ! "ampil# $ocal $egislati%e Staff Officer &# Office of the Sangguniang Ba'an# "alabanga# "amarines Sur# see(s the opinion of the "ommission relati%e to the designation of the Municipal Administrator as Personnel Officer and Ex-Officio Member of the Personnel Selection Board! &n his letter# he represents# as follo)s: Sometime in 1998, the Municipal Mayor had appointed an employee without the required Civil Service eligibility, to the position of Municipal dministrator and subsequently designated as !ersonnel "fficer and thereafter constituted the !ersonnel Selection #oard ma$ing him as an %&'"fficio member( )SS*%S+ 1( ,hether or not the appointment of that employee as Municipal dministrator concurrently acting as !ersonnel "fficer'designated is valid.( ,hether or not his action in appointments of casuals or permanent employees, leave of absence and other personnel actions are lawful- )n case in the negative, what are the status of said appointments*+! ,he Personnel Selection Board is composed of the Ma'or# as "hairman# -ice Ma'or and Municipal "ouncilors as members# and the Municipal Administrator Personnel .sic/ Designate .sic/ as Ex-Officio# .sic/ &s this the la)ful composition prescribed b' the "ommission# .sic/ if not )hat should be the composition and )hat )ill be the status of applications .sic/ to fill up the %acanc' deliberated upon b' said selection board01 Rele%ant to the 2uer' is Sec ion 480 o! "e Local #o$e%n&en Co'e o! 1((1 )hich pro%ides# as follo)s: Section /80( 1ualification, 2erms, !owers and 3uties( 4 5a6 7o person shall be appointed administrator unless he is a citi8en of the !hilippines, a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in public administration, law, or any other related course from a recogni8ed college or university, and a first grade civil service eligible or its equivalent( 9e must have acquired e&perience in management and administration wor$ for at least five 5:6 years in the case of the provincial or city administrator, and three 5;6 years in the case of municipal administrator(

2he term of administrator is coterminous with that of his appointing authority( 2he appointment of an administrator shall be mandatory for the provincial and city governments, and optional for the municipal government( 5b6 2he administrator shall ta$e charge of the office of the administrator and shall+ <516 3evelop plans and strategies and upon approval thereof by the governor or mayor, as the case may be, implement the same particularly those which have to do with the management and administration'related programs and pro=ects which the governor or mayor is empowered to implement and which the sanggunian is empowered to provide for under this Code> <5.6 )n addition to the foregoing duties and functions, the administration shall+ <5i6 ssist in the coordination of the wor$ of all the officials of the local government unit, under the supervision, direction, and control of the governor or mayor, and for this purpose, he may convene the chiefs of offices and other officials of the local government unit> <5ii6 %stablish and maintain a sound personnel program for the local government unit designed to promote career development and uphold the merit principle in the local government service> <5iii6 Conduct a continuing organi8ational development of the local government unit with the end in view of instituting effective administrative reforms(? <5;6 #e in the frontline of the delivery of administrative support services, particularly those related to the situations during and in the aftermath of man'made and natural disasters and calamities> <5/6 @ecommend to the sanggunian and advise the governor and mayor, as the case may be, on all matters relative to the management and administration of the local government unit> and <5:6 %&ercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance(A .3nderscoring supplied/ ,he po)ers of the Municipal Administrator are so broad in scope as the' encompass an'thing )hich has to do )ith the management and administration of local affairs! 4e is tas(ed to establish and maintain a sound personnel program for the local go%ernment unit! ,o be able to do this# he ma' need to exercise super%ision and authorit' o%er the $ocal 5o%ernment Personnel Officer and other members of the $ocal Personnel Selection Board! 4ence# the designation of the Municipal Administrator as Personnel Officer and member of the $ocal Personnel Selection Board b' the appointing authorit' )ho is the Municipal Ma'or# is not %iolati%e of an' ci%il ser%ice la)# rules and regulations!

6urthermore# the Re$i)e' Policie) on Me%i P%o&o ion Plan, CSC Me&o%an'*& Ci%c*la% No. +, ). ,001# particularl' I e& - thereof# pro%ides# as follo)s: *&tem 7! A Personnel Selection Board .PSB/ for first and second le%el positions shall be established in e%er' agenc'# preferabl' )ith the follo)ing composition: 8a! As "hairperson x 8a!9 x x

$ocal "hief Executi%e for $53s or the authori:ed representati%e; x x x1

Based on the afore2uoted guidelines# a Municipal Administrator or an' person authori:ed b' the local chief executi%e ma' be designated b' the Ma'or as "hairman of the $ocal Personnel Selection Board! ,he guidelines do not distinguish )ho should be designated to act in behalf of the Ma'or as "hairman of the Personnel Selection Board# much less a member thereof! *bi le& non distinguit nec nos distinguere debemos .<here the la) does not distinguish# )e should not distinguish/! <hile it is true that Section =># Rule ?&&& of "S" Memorandum "ircular o! @A# s! =BBC prohibits a non-career emplo'ee to be designated to a position exercising control or super%ision o%er regular or career personnel# the same does not extend to an authori:ed representati%e such as the Municipal Administrator designated as ex-officio member of the $ocal Personnel Selection Board b' the Ma'or to act in his behalf! ,he prohibition addressed to non-career emplo'ees as contemplated under the abo%estated rule should not be construed to include all (inds of non-career emplo'ees in the ser%ice of the go%ernment! &n the case of Pa*la #. Me.ia, et al., CSC Re)ol* ion No. 01-1+0/ dated A*0*) ,, ,001# the "ommission ruled# as follo)s: 2he better interpretation therefore, is to limit the meaning of Bnon'career employee? to the class or category of employees on the same level or status with that of contractual personnel and consultants( "n this score, the Commission sees no plausible reason to depart or deviate from the questioned opinion, and therefore quotes its ratio with approval+ < s will be noted from the abovequoted provision, what is prohibited is the designation of consultants, contractuals and non' career employees to positions e&ercising control or supervision over regular or career employees( 9owever, in interpreting said provision, rules on statutory construction must be ta$en into consideration, particularly, the principle of e=usdem generis( *nder this principle, when a general word follows an enumeration of particular words of the same class, the general word is to be construed to be restricted to persons or things resembling or of the

same $ind or class as those specially mentioned( 5 gpalo> Statutory Construction, 2hird %dition, 199:6( 9ence, the general term Bnon' career? in the quoted provision must be read together with the enumeration preceding the same( 2he term Bnon'career? therein must be construed to mean other non'career employees within the same level of contractuals or consultants(? 2he foregoing disquisition already renders it unnecessary to pass upon the validity of C9%3 Commissioner !un8al?s designation as ")C of the C9%3' 9%3CS( *ltimately, designation is a managerial prerogative addressed to the sound discretion of the head of an agency( #arring any showing of grave abuse of discretion in the e&ercise thereof, and having complied with the controlling civil service law and rules, the Commission refrains from interfering therewith(A &t is to be made clear in the afore2uoted ruling that )hat is prohibited is the designation of consultants# contractuals and non-career emplo'ees to positions exercising control or super%ision o%er regular or career emplo'ees! ,he term Dnon-career emplo'eesE in Section =># Rule ?&&& of "S" Memorandum "ircular o! @A# s! =BBC refers to non-career emplo'ees )ithin the same categor' as contractuals or consultants! Since the position of Administrator is not )ithin the same le%el andFor categor' as contractuals or consultants# the said prohibition is not applicable! ,hus# the designation b' the Ma'or of his Municipal Administrator as Personnel Officer is not onl' sanctioned b' the $ocal 5o%ernment "ode of =BB= but is also in accord )ith the la)s# rules and regulations and rulings of the "ommission! &t follo)s that all actions of the Municipal Administrator designated as such including the po)er to recommend persons to be appointed b' the appointing authorit' are sanctioned b' ci%il ser%ice la)s# rules and regulations! 4ence# his dut' to sit as ex-officio member of the personnel selection board and concurrentl' O-&-" Personnel Officer is in order! 12ERE3ORE# the "ommission hereb' rules# as follo)s: =! 9! ,he designation of Municipal Administrator as concurrent Personnel Officer and member of the Personnel Selection Board is %alid; and# ,he constitution of the Personnel Selection Board )ith the Municipal Administrator designated as a member thereof# is li(e)ise %alid!

Gue:on "it'# Se4 e&5e% /, ,001

6SI#NED7

8ARINA CONSTANTINO-DA9ID
"hairman

6SI#NED7
:OSE 3. ERESTAIN, :R. "ommissioner

6SI#NED7

:. 1ALDEMAR 9. 9ALMORES
Co&&i))ione%
Attested b':

6SI#NED7
ARIEL #. RON;UILLO Di%ec o% III
Fpg/Kpz/X3/Y18 (xii) O-01-0083/Campi1l 2001-0216-046