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LOCGOV - VIII - HUMAN RESOURCES AND DEVELOPMENT – LGC, Sec. 76-88a -…
LOCGOV - VIII - HUMAN RESOURCES AND DEVELOPMENT – LGC, Sec. 76-88a
Organization – Sec. 76-81, 91-93, 94-97
Resignation – Sec. 82
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Approval Requirement - As a general rule, resignation is deemed effective upon acceptance of the following authorities:
- The President, in the case of governors, vice-governors, and mayors and vice-mayors of highly urbanized cities and independent component cities;
- The governor, in the case of municipal mayors, municipal vice-mayors, city mayors and city vice-mayors of component cities;
- The sanggunian concerned, in the case of sanggunian members; and
- The city or municipal mayor, in the case of barangay officials.
Exception; When Deemed Accepted -
- Not Acted Upon - The resignation shall be deemed accepted if not acted upon by the authority concerned within 15 working days from the receipt thereof [Sec 82, LGC]
- Irrevocable Resignations by Sanggunian Members - Deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records [Sec 82, LGC]
- Abandonment - An office may be deemed relinquished through voluntary abandonment, which needs no acceptance (Sanggunian Bayan of San Andres v. CA)
Where law is Silent - Under established jurisprudence, resignations, in the absence of statutory provisions as to whom they should be submitted, should be tendered to the appointing person or body (Sanggunian Bayan of San Andres v. CA)
Requisites for Valid Resignation -
- Intention to relinquish a part of the term
- Act of relinquishment; and
- Acceptance by the proper authority
Abandonment - The voluntary relinquishment of an office by the holder, with the intention of terminating his possession and control thereof. Considered a form of resignation.
Requisites of Abandonment (Sangguniang Bayan of San Andres v. CA)
- Intent to abandon; and
- Overt act by which the intention is to be carried into effect
Mistaken Tender of Resignation (San Andres v. CA) - A member of the Sanggunian tendered his resignation. However, he tendered such resignation to the Mayor and not to a member of the Sanggunian.
Sec. 76 Organizational Structure and Staffing Pattern - Every local government unit shall design and implement its own organizational structure and staffing pattern taking into consideration its service requirements and financial capability, subject to the minimum standards and guidelines prescribed by the Civil Service Commission.
Sec. 77 Responsibility for HRD -
- executive of every local government unit shall be responsible for human resources and development in his unit and shall take all personnel actions
- That the local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local projects authorized by the sanggunian concerned, without need of approval or attestation by the Civil Service Commission
- period of employment of emergency or casual laborers as provided in this Section shall not exceed six (6) months.
Applicability of Civil Service Laws Sec. 78 - All matters pertinent to human resources and development in local government units shall be governed by the civil service law and such rules and regulations and other issuances promulgated pursuant thereto, unless otherwise specified in this Code.
Nepotism Appointments(79) - No person shall be appointed in the career service of the local government if he is related within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority.
Public Notice of Vacancy & Personnel Seleection Board (80) - Whenever a local executive decides to fill a vacant career position, there shall be posted notices of the vacancy in at least three (3) conspicuous public places in the local government unit concerned for a period of not less than fifteen (15) days.
PSB -
- (b) There shall be established in every province, city or municipality a personnel selection board to assist the local chief executive in the judicious and objective selection or personnel for employment as well as for promotion, and in the formulation of such policies as would contribute to employee welfare.
- (c) The personnel selection board shall be headed by the local chief executive, and its members shall be determined by resolution of the sanggunian concerned. A representative of the Civil Service Commission, if any, and the personnel officer of the local government unit concerned shall be ex officio members of the board.
Compensation of Local Officials & Employees (81) -
- GR - determined by the sanggunian concerned
- XCPN - increases shall not exceed the limitations on budgetary allocations for personal services provided under Title Five, Book II of this Code
Period of Effectivity -
- Elective Officials - increase in compensation of elective local officials shall take effect only after the terms of office of those approving such increase shall have expired
- Appointive OFficials - increase in compensation of the appointive officials and employees shall take effect as provided in the ordinance authorizing such increa
Leave Priviliges - Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials, including the cumulation and commutation thereof.
Section 91. Statement of Assets and Liabilities. - (a) Officials and employees of local government units shall file sworn statements of assets, liabilities and net worth, lists of relatives within the fourth civil degree of consanguinity or affinity in government service, financial and business interests, and personnel data sheets as required by law.
Section 92. Oath of Office. - (a) All elective and appointive local officials and employees shall, upon assumption to office, subscribe to an oath or affirmation of office in the prescribed form. The oath or affirmation of office shall be filed with the office of the local chief executive concerned. A copy of the oath or affirmation of office of all elective and appointive local officials and employees shall be preserved in the individual personal records file under the custody of the personnel office, division, or section of the local government unit concerned.
Section 93. Partisan Political Activity. -
- No local official or employee in the career civil service shall engage directly or indirectly in any partisan political activity or take part in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause the performance of any political activity by any person or body.
- He may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports. Elective local officials may take part in partisan political and electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates or subject these subordinates to any of the prohibited acts under the Omnibus Election Code.
Section 94. Appointment of Elective and Appointive Local Officials; Candidates Who Lost in an Election. -
- (a) No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
- Unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
Section 95. Additional or Double Compensation. -
- GR- No elective or appointive local official or employee shall receive:
- additional, double, or indirect compensation,
- XCPN - unless specifically authorized by law, nor accept without the consent of Congress, any present, emoluments, office, or title of any kind from any foreign government.
- Pensions or gratuities shall not be considered as additional, double, or indirect compensation.
Section 96. Permission to Leave Station. -
- (a) Provincial, city, municipal, and barangay appointive officials going on official travel shall apply and secure written permission from their respective local chief executives before departure. The application shall specify the reasons for such travel, and the permission shall be given or withheld based on considerations of public interest, financial capability of the local government unit concerned and urgency of the travel.
Should the local chief executive concerned fall to act upon such application within four (4) working days from receipt thereof, it shall be deemed approved.
- (b) Mayors of component cities and municipalities shall secure the permission of the governor concerned for any travel outside the province.
- (c) Local government officials traveling abroad shall notify their respective sanggunian: Provided, That when the period of travel extends to more than three (3) months, during periods of emergency or crisis or when the travel involves the use of public funds, permission from the Office of the President shall be secured.
- (d) Field officers of national agencies or offices assigned in provinces, cities, and municipalities shall not leave their official stations without giving prior written notice to the local chief executive concerned. Such notice shall state the duration of travel and the name of the officer whom he shall designate to act for and in his behalf during his absence.
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Rationale for Simultaneous Holding of Position Flores v. Drilon - Sometimes, allowed by law such as in ex-officio capacity. This is because if hte position currently occupied and functions,d uties and responsibilities is related to the additional post that will be held, allowed by law.
- Ex. DPWH Sec. - Board of MWSS, because related. In Flores v. Drilon, mayor of Olonggapo is alien to functioning of SBMA as a corporate entity.
Discretionary Nature of Appointment (Mathay v. CA) - CSC’s power is limited to approving or disapproving an appointment. CSC does not have the authority to direct that an appointment of a specific individual be made. CSC cannot encroach upon the discretion vested in the appointing authority.
- The power to appoint rests exclusively with the local chief executive and cannot be usurped by the city council through ordinances. The city council has no power to appoint.
Appointment v. Reassignment -
- Appointment - the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office.
- Reassignment – merely a movement of an employee from one organizational unit to another in the same department or agency which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment.