The HONOURABLE MEMBERS OF THE SANGGUNIANG BAYAN OF

PAMPLONA
This Municipality

HONORABLE GENTLEMEN AND LADIES:

Warmest greetings!
This has reference to Municipal Ordinance Number 2017-07, “An
Ordinance Regulating Hiring of Job Orders, Contract of Services, Casual
or Emergency Personnel and Consultancy Services.”
At the outset, allow me to laud you on coming up with an Ordinance such
as this. Its purpose is so noble that it commands commendation. It is a
manifestation that ours is a working Sangguniang Bayan and that every
Pamploeño must be proud of its members.
In as much as I would like to give my imprimatur on this Ordinance, I am
constrained to return the same without it for the sole obvious reason that
said ordinance is violative of the law, i.e., it encroaches the power of the
Local Chief Executive to appoint. While I am so much appreciative of the
effort of the members of the august body, I deem it necessary to note here
that all my actions specifically on hiring of Contract of Service, Job Orders
and Consultancy Services are in accord with pertinent laws and rules and
guidelines.

The Local Government Code of 1991 as to the authority of the Local Chief
Executive cannot be more emphatic thus:

Section 444. The Chief Executive: Powers, Duties, Functions and

Compensation. -

b) For efficient, effective and economical governance the purpose of

which is the general welfare of the municipality and its inhabitants
pursuant to Section 16 of this Code, the municipal mayor shall:

(1) Exercise general supervision and control over all programs,

projects, services, and activities of the municipal government,
and in this connection, shall:

(v) Appoint all officials and employees whose salaries and

wages are wholly or mainly paid out of municipal funds
and whose appointments are not otherwise provided for in
this Code, as well as those he may be authorized by law
to appoint;

(vi) Upon authorization by the sangguniang bayan,

represent the municipality in all its business transactions
and sign on its behalf all bonds, contracts, and obligations,
and such other documents made pursuant to law or
ordinance;
Remarkably, the LCE’s authority to represent the LGU in all its business
transactions and sign in its behalf all bonds, contracts and obligations
may be made upon prior authority of the Sanggunian, pursuant to law or
pursuant to Ordinance.

In the case of Qusimbing et.al v. Garcia et. al, the Supreme Court held
that the Sangguniang authorization may already be contained in the
appropriation ordinance if there is a provision therein which specifically
covers the expense to be incurred or the contract to be entered into.

With regard to appointment of job order contracts, Section 77 of the Local

Government Code of 1991 provides, thus:

Section 77. Responsibility for Human Resources and

Development. - The chief executive of every local government
unit shall be responsible for human resources and
development in his unit and shall take all personnel actions in
accordance with the Constitutional provisions on civil service,
pertinent laws, and rules and regulations thereon, 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: Provided, further, That the
period of employment of emergency or casual laborers as
provided in this Section shall not exceed six (6) months.

XXX

This authority of the Local Chief Executive to appoint job orders is

buttressed by the Department of the Interior and Local Government
in its Legal Opinion No. 07 series of 2010, copy of which is hereto
attached for your perusal.

Each and every member of this august body is much aware that I
never disregarded provisions of law or Civil Service Rules pertaining
to the subject of the Ordinance. If truth be told, I am faithfully
complying these provisions as can be proved by the fact that I have
made several indorsements to this Honorable Body to act on the
appointments made which, lamentably however, remained unacted
up to date.

With this and all, I exhort everybody to not to waver in your

commitment to come up with sound ordinances which shall benefit
each and everyone of us.

Thank you.

Veruy truly yours,

ARNIE GWAPA