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C. Appointive Local Officials.
 Responsibility for human resources and
 development. The local chief executive shall be
 responsible for human resources and development
 in his unit and shall take all personnel actions in
 accordance with the Constitution, pertinent laws,
 including such policies, guidelines and standards
 as the Civil Service Commission may establish;
 Provided 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, as long as the said employment shall
 not exceed 6 months.
In De Rama v. Court of Appeals, G.R.
No. 131136, February 28, 2001
 , it was held that the constitutional prohibition
 on so-called “midnight appointments”,
 specifically those made within two months
 immediately prior to the next presidential
 elections, applies only to the President or to
 the Acting President. There is no law that
 prohibits local elective officials from making
 appointments during the last days of their
 tenure absent fraud on their part, when such
 appointments are not tainted by irregularities
 or anomalies which breach laws and
 regulations governing appointments.
 The Provincial Governor is without
 authority to designate the petitioner as
 Assistant Provincial Treasurer for
 Administration, because under Sec.
 471 of the Local Government Code, it
 is the Secretary of Finance who has
 the power to appoint Assistant
 Provincial Treasurers from a list of
 recommendees of the Provincial
 Governor [Dimaandal v. Commission
 on Audit, 291 SCRA 322].
Officials common to all Municipalities, Cities
and Provinces [Secs. 469-490, R.A. 7160]
 Secretary to the    • Legal Officer
  Sanggunian          •Agriculturist
 Treasurer           •Social Welfare and
 Assessor               Development Officer
 Accountant          •Environment and
 Budget Officer          Natural Resources
 Planning and        • Officer
  Development         •Architect
  Coordinator         •Information Officer
 Engineer            •Cooperatives Officer
 Health Officer      •Population Officer
 Civil Registrar     •Veterinarian
 Administrator       •General Services Officer
 [Note: In the barangay, the
 mandated appointive officials
 are the Barangay Secretary and
 the Barangay Treasurer,
 although other officials of the
 barangay may be appointed by
 the punong barangay.]
Administrative discipline.
 Investigation and adjudication of
 administrative complaints against
 appointive local officials and
 employees as well as their
 suspension and removal shall be in
 accordance with the civil service
 law and rules and other pertinent
 laws.
Preventive suspension
 . The local chief executive may preventively
 suspend for a period not exceeding 60 days any
 subordinate official or employee under his
 authority pending investigation if the charge
 against such official or employees involves
 dishonesty, oppression or grave misconduct or
 neglect in the performance of duty, or if there is a
 reason to believe that the respondent is guilty of
 the charges which would warrant his removal
 from the service.
Disciplinary jurisdiction
 . Except as otherwise provided by law, the local
 chief executive may impose the penalty of
 removal from service, demotion in rank,
 suspension for not more than 1 year without pay,
 fine in an amount not exceeding 6 months’ salary,
 or reprimand. If the penalty imposed is
 suspension without pay for not more than 30
 days, his decision shall be final; if the penalty
 imposed is heavier, the decision shall be
 appealable to the Civil Service Commission
 which shall decide the appeal within 30 days
 from receipt thereof.
However, it is not the City Mayor, but
the City Treasurer who exercises
disciplinary authority over a City
Revenue Officer. As head of the Office
of the Treasurer, and the Revenue
Officer being an officer under him, the
former may validly investigate the
said Revenue Officer and
place him under preventive
suspension [Garcia v. Pajaro, G.R.
End.

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Appointive official

  • 1. C. Appointive Local Officials.
  • 2.  Responsibility for human resources and development. The local chief executive shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitution, pertinent laws, including such policies, guidelines and standards as the Civil Service Commission may establish; Provided 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, as long as the said employment shall not exceed 6 months.
  • 3. In De Rama v. Court of Appeals, G.R. No. 131136, February 28, 2001  , it was held that the constitutional prohibition on so-called “midnight appointments”, specifically those made within two months immediately prior to the next presidential elections, applies only to the President or to the Acting President. There is no law that prohibits local elective officials from making appointments during the last days of their tenure absent fraud on their part, when such appointments are not tainted by irregularities or anomalies which breach laws and regulations governing appointments.
  • 4.  The Provincial Governor is without authority to designate the petitioner as Assistant Provincial Treasurer for Administration, because under Sec. 471 of the Local Government Code, it is the Secretary of Finance who has the power to appoint Assistant Provincial Treasurers from a list of recommendees of the Provincial Governor [Dimaandal v. Commission on Audit, 291 SCRA 322].
  • 5. Officials common to all Municipalities, Cities and Provinces [Secs. 469-490, R.A. 7160]  Secretary to the • Legal Officer Sanggunian •Agriculturist  Treasurer •Social Welfare and  Assessor Development Officer  Accountant •Environment and  Budget Officer Natural Resources  Planning and • Officer Development •Architect Coordinator •Information Officer  Engineer •Cooperatives Officer  Health Officer •Population Officer  Civil Registrar •Veterinarian  Administrator •General Services Officer
  • 6.  [Note: In the barangay, the mandated appointive officials are the Barangay Secretary and the Barangay Treasurer, although other officials of the barangay may be appointed by the punong barangay.]
  • 7. Administrative discipline.  Investigation and adjudication of administrative complaints against appointive local officials and employees as well as their suspension and removal shall be in accordance with the civil service law and rules and other pertinent laws.
  • 8. Preventive suspension  . The local chief executive may preventively suspend for a period not exceeding 60 days any subordinate official or employee under his authority pending investigation if the charge against such official or employees involves dishonesty, oppression or grave misconduct or neglect in the performance of duty, or if there is a reason to believe that the respondent is guilty of the charges which would warrant his removal from the service.
  • 9. Disciplinary jurisdiction  . Except as otherwise provided by law, the local chief executive may impose the penalty of removal from service, demotion in rank, suspension for not more than 1 year without pay, fine in an amount not exceeding 6 months’ salary, or reprimand. If the penalty imposed is suspension without pay for not more than 30 days, his decision shall be final; if the penalty imposed is heavier, the decision shall be appealable to the Civil Service Commission which shall decide the appeal within 30 days from receipt thereof.
  • 10. However, it is not the City Mayor, but the City Treasurer who exercises disciplinary authority over a City Revenue Officer. As head of the Office of the Treasurer, and the Revenue Officer being an officer under him, the former may validly investigate the said Revenue Officer and place him under preventive suspension [Garcia v. Pajaro, G.R.
  • 11. End.