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.
