CSC Remands Binmaley VM Complaint vs Mayor

 POWER TO APPOINT J.O WORKERS  

By Mortz C. Ortigoza

BINMALEY, Pangasinan – The Civil Service Commission (CSC) told this coastal town’s vice mayor that his complaint against the mayor here should have been settled on the decision of another government’s body that denied him.

“Nag kuwan sila sa CSC na mismong legal opinion na sabi ng CSC is kung ano iyong naging approval iyon na lang ang legal opinion,” disclosed to Northern Watch Newspaper by Mayor Pedro Merrera.

THE LOGGERHEAD Mayor and Vice Mayor of Binmaley, Pangasinan. Mayor Pete Merrera (left, photo) and Vice Mayor Sam Rosario.

Recall that several months ago Vice Mayor Simplicio L. Rosario wrote the Department of Budget and Management (DBM) if whether or not he has the authority to hire job order workers assigned at the legislative office and whose salaries are sourced from the appropriation of the Offices of the Vice Mayor, Sangguniang Bayan and the Secretary to the Sangguniang Bayan.

“Under the Budget Operations Manual for Local Government Units (2018 Edition) particularly on Page 175 question item (4), it stated that the authority to appoint casual and job order employees of the local Sangguniang belongs to the Vice Mayor. Can the undersigned (Vice Mayor Rosario –emphasis supplied by NWN) use this as his legal basis aside from R.A 160 for appointing/hiring job order employees at the Offices of the Municipal Vice Mayor, Sangguniang Bayan and Secretary to the Sanggunian,” excerpt of Rosario’s letter to the DBM.

 Although DBM Director Ria V. Bansigan, CESO III cited Section 445 (2) of the Local Government Unit that the vice mayor is subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang bayan, except those whose manner of appointment is specifically provided in this Code.

“Accordingly, the appointing power of the Vice Mayor/Vice Governor is limited to those employees of the local Sanggunian, as well as those of the Office of the Vice Mayor/Vice-Governor, whose salaries are paid out of the funds appropriated for the Sangguniang Bayan/Panlungsod/Panlalawigan,” Bansigan opined.

Director Bansigan cited how the mayor overpowers the vice mayor in the appointment of workers…"when the salary of an employee or official is charged against the municipal funds (not on the lawmaking body – emphasis supplied by NWN) even if this employee reports to the vice mayor or is assigned to his office, the mayor retains the authority to appoint the employee in connection to Sections 444, 455; and 465 of the LGC”.

“Oo nga ewan ko. Pinipilit iyan gusto niya ata palitan niya ang batas,” Mayor Merrera reacted to the dogged determination of Rosario to get from the CSC a favorable opinion.

 The Department of Interior and Local Government (DILG) repudiated in February 6, 2023 the arbitrariness of the lawmaking body headed by Vice Mayor Rosario by excessively imposing its legislative power to the executive branch headed by Merrera.

DILG Region-1 Director Agnes de Leon refuted the imposition of Section 5 of the Appropriation Ordinance No. 3, Series of 2022 passed by the legislative body after Mayor Merrera vigorously questioned them in a letter sent to the DILG Regional Office in San Fernando City, La Union.
Section 5 (Other Provisions) of the Appropriation Ordinance according to Director De Leon was invalid because it contradicted the specific provision of the Local Government Code  expressly granting the power of the municipal mayor to exercise general supervision and control over all programs, projects services and activities of the municipal government.