Power of SB — DILG Region I opinion letter

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Regional Office No. l, San Fernando City, La Union Tel. Nos. (072) 888-21-08; 700-57- 46;888-22-89;700'27 -Ot;700'36-79; 607 -12-45 Fax Nos. 888-22-94: 7 OO-27 -03 We also invite your attention in a case decided by the Supreme Court with similar facts and issues: The supreme coui held that: under section 443(aJ and (dJ of Republic Act [R.A.) No. 71LOs or the Local Government Code the head of a department or office in the -t^l L...L^ municipal government, such as the Municipal Budget officer, shall be appointed by the mayor with the concurrence of the maioriry of all songgunrong Eqvon members6 subiect to .iull service law, rules and regulations. Per records, the appointment of petitioner was never submitted to the Songguniang Bayan for its concurrence or, even if so submitted, no such concurrence ilas oU6inei. Such hctual finding of quasi-iudicial ;;;;;"r, especially if adopted and affirmed by the CA" is deemed final and conclusive "iJ *q. noi b" .*i"*ed on appeal by this cgurt- This court is not a trier of fucts and g"""ofiy, does not weigh anew evidence alieAdy passed upon by the cA' Absent a !i"*i"g;h", this case h-lls under any of the eiceptions to this general rule, this Court will refiin from disturbing the findings of racr of the tribunals below. Moreover,weagreewiththerulingoftheCAthattheverbalconorrrence allegedly given by the Sanggunran' as poitulated by the petitioner' is not the .on.urrunJ" requiied and envisioned under R.A. No. 7160. The Sanggunian, as a body' "ct, tnrougi a'i"t"i",i"t or an ordinance. Absent such resolution ofconcurrence' the appointrnentofpetitionerfailedto.complywitht}emandatoryrequirementofSection 443(a)and[d)ofR'A.No.7160.W-ithouiavalidappointmenqpetitioneracquiredno legal title to ir,i om." of Municipal Budget officer, even if she had served as such for ten years. Dwelling on the second issue, this office opines that the concurrence of the Sangguniang Bayan is a mandatory requir."T:rt as held ty. itre supreme court in the appointment of a Departrnent Head in lt. Municipality, such as the Municipil Att"ttot. Absence of such concurrence will materially affect the vatidity of the appointment Hence-.the employee appointed but without rhe concurrence of the maioriry of rhe s";;;;ilf e"y".t will acquire no legal title to such position as a Department H*J ii,; reiection "f ?f,;-;Fiiniment of Mi. pasror by the Sanggunian, in a resolution, is a testament that she acquired no leqiilrtitle to such position' on the first issue. The concurrence of the [nggurri"ng Bayan is a mandatgy t"-q-"1::::::1: the appointment of oivision chief in a Local Governiiint unit. However, in case the concurrence ts not given, the appointment is not valid. The "u'"rtg of the sB',s concurrence is based on a material ground that witl ais-quarify the appoin;;;-"li ihe position' Disqualification' under the law' i,""n, the failure "f ;il;;;"intu" io obtain the reguiremlnts as provided for by law' The concurrence of the Sanggunian is i'rformal mandatory requisite under the Local Governmenr code. rt i, L""n, that ii;iii^;fil; qr3 vali{ltr "na r"g"ritv or *t". appointment itself and not the qualification of the person to t" appiiinted. Howev"t, if th" reiection is based on the possession of the disqualification as p;;;J?;i by l"t, it wouid affect the qualification of the apPointee. Celebrating 20 YearsolLocffi utonomy in the Philippines t, al rr: I : r f i?