CSC sustains Sanchez's power to appoint SP staff

CEBU, Philippines - Cebu Vice Governor Gregorio Sanchez Jr. is sustained by the Civil Service Commission on his position that he is the appointing authority of the officials and employees under the Sangguniang Panlalawigan.

Director Azucena Perez-Esleta of Personnel Policies and Standards Office of CSC Central Office favored Sanchez’s position over that of Governor Gwendolyn Garcia.

The CSC cited a Supreme Court ruling in the case of Atienza vs. Villarosa.

“The authority of the Vice Governor to appoint the officials and employees of the Sangguniang Panlalawigan is anchored on the fact that the salaries of these employees are derived from the appropriation specifically for the said local legislative body.”

Accordingly, the appointing power of the Vice Governor is limited to those employees of the Sangguniang Panlalawigan, as well as those of the Office of the Vice Governor, whose salaries are paid out of the funds appropriated for the Sangguniang Panlalawigan.

The CSC however stressed that if the salary of the employee or official is charged against the provincial funds, even if this employee reports to the Vice Governor or is assigned to his office, the Governor retains the authority to appoint the said employee pursuant to section 465 of the Republic Act No. 7160 otherwise known as the Local Government Code.

Esleta said the power of the Governor to appoint under Section 466 of the Local Government Code cannot be extended to officials and employees of the Sanggunian.

The CSC also said that the Governor cannot transfer the SP funding of the employees to the Executive Budget.

One of the powers, duties and functions provided under Section 468 of R.A. 7160 states that SP determines the position and the salaries, wages, allowances and other emolument and benefits of officials and employees paid wholly or mainly from provincial funds and provide for expenditures necessary for the proper conduct of programs, projects, services and activities of the provincial government.

The CSC likewise said that the contract for employment of consultants need not undergo the process required under Section 22 of the Local Government Code, however, payment of their salaries are likewise subject to the provisions of Section 468 of the Code.

Sanchez earlier filed an administrative complaint against Garcia before the CSC for alleged illegal transfer of funds for salaries and wages of his office with malicious intent to usurp his appointing power.

Sanchez, in his complaint addressed to CSC Chairman Francisco Duque III, said that his main concern is the removal of salaries and wages for casual and contractual employees of his office as well as those of the Provincial Board Members in the legislative budget.

Their conflict stemmed from Garcia’s refusal to renew the contract of the staff under the Vice Governor’s Office. Garcia later renewed the employees’ contract after having a dialogue with them. — (FREEMAN)