Appointive official


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Appointive official

  1. 1. C. Appointive Local Officials.
  2. 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. 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. 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. 5. Officials common to all Municipalities, Citiesand 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. 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. 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. 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. 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. 10. However, it is not the City Mayor, butthe City Treasurer who exercisesdisciplinary authority over a CityRevenue Officer. As head of the Officeof the Treasurer, and the RevenueOfficer being an officer under him, theformer may validly investigate thesaid Revenue Officer andplace him under preventivesuspension [Garcia v. Pajaro, G.R.
  11. 11. End.