Authority of the Acting Vice-Mayor to Appoint Officials and Employees of the Sangguniang Panlungsod

BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph DILG OPINIGN No, 2. 5, 20% SEP 2 4 2026 RACHEL ANGELES TOLENTINO Secretary to the Acting City Vice-Mayor City Government of San Pablo rachelangelestolentino@gmail.com SUBJECT: Authority of the Acting Vice-Mayor to Appoint Officials and Employees of the Sangguniang Panlungsod Dear Ms. Rachel: This refers to your letter dated 29 August 2026. Based on your communication, Hon. Shaira Aliyah “Barbie” Diaz was formally designated as Acting Vice-Mayor of the City of San Pablo, Laguna to fill the temporary vacancy in the Office of the Vice-Mayor arising from the six-month preventive suspension of the incumbent Vice-Mayor. In this regard, you seek clarification on the extent of the authority of the Acting City Vice- Mayor, particularly with respect to personnel and administrative matters involving the Sangguniang Panlungsod. Specifically, you raised the following issues: 1. Who has the authority to appoint regular/plantilla, temporary, casual, and co- terminous personnel of the Sangguniang Panlungsod; 2. Whether an Acting City Vice-Mayor designated by the DILG to discharge the powers, duties and functions of the Vice-Mayor may exercise the appointment authority under Section 456(a)(2); 3. Who may enter into and sign Job Order/Contract of Service agreements for personnel specifically engaged for the Sangguniang Panlungsod, and what is the legal basis for such authority; 4. Who may terminate or discontinue the services of co-terminous personnel of the Sangguniang Panglungsod; 5. Whether the City Mayor may exercise any of the foregoing powers over personnel of the Sangguniang Panlungsod, notwithstanding the statutory allocation of authority to the City Vice-Mayor under Section 456(a)(2); and 6. Whether the exercise by the City Mayor of powers expressly vested in the City Vice-Mayor over personnel of the Sangguniang Panlungsod would constitute undue interference or encroachment upon the functions of the legislative branch, considering the Supreme Court's ruling in Atienza v. Villarosa. Considering that the first to fifth issues are interrelated, they shall be discussed jointly. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454