Administrative Case — DILG Region I opinion letter

Section 445. PoweB, Duties and Compensation. ' (a) The vice-maYor shall: [1) Be the presiding officer ofthe sangguniang bayan and sign all warrants drawn on the municiPal treasury for all expenditures appropriated for the oPeration ofthe sangguniang bayau (2) Sublect 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; )oo( In Atienza vs. vtllarosa.458 scm 385 [Mav 70' 20osl The authority of the Vice-Governor to appoint the olficials and employees oI the Sangguniang Ponlalawigan is anchored on the fact that the salarles of thesiTmployees are derived from the appmpriation specifically for the said loial legislatlve body. Indeeil, the budget source of thelr salaries is what sets the employees and olllclals of the Sangguniang Panlalawigan apaft from the other employees and olJicials of the provlnce. Accordtngly, the appolnting power ol the Vlce-Governor is -limited to those empwees of the Sangguniang Panlalawigan, ds well as those oI the Office of the Vice-Governor, whose salarles are pald out oJ the funds appropriated for the Sangguniang Panlalawigan' As a "orillary, tl the silary of an employee or ofilcial is chorged against the provincllal-funds, even if this employee reports to the Vlce'Govemor or is 'assigned to his olFce, the Governor retalns the authority to appolnt the said employee pursuant ta Section 465(b)(v) ofRep' Act No' 7160' However, in this case, It does not appear whether the con tractual/iob order employees, whose appointments were termlnated or cance ;d by the Memorandum dated luly 7,2o02 lssued hy the respondent Governor, were paid out of the provlncial funds or the funds of the Sangguniang Panlalawlgan. Nonetheless, the validity of the said memorandum cainot be upheld because it absolutely prohibited the respondent Vice-Govemor from exercising his authority to appoint the employees, whether regular or contractual/Job order, of the- saigguniang Pantalawigan and restricted such authorlqt to one oI recommendamwlaare only.l26l This clearly constltuted an encroachment on the sppointment power of the respondent Vice- Governor under Section 466(a)(2) oI Rep' Act No' 7760' Dwelling on the issues, t-Iris office opines that the power to appoint carries with it the power to suspend und .".ou". Now being appointed by the Municipal vice-Mayor of Tagudin and subsequently assigned with the Legislative Branch of the said Municipality, it is crystal clear that the Vice-Miyor ii the disciplining authority. It cannot be the Municipal Mayor because Mrs'