Power of SB — DILG Region I opinion letter

So, in line with the above-mentioned issues, the propriety of reappointing a person whose appointment was already rejected is based on the qualifications and possession of the non- disqualifications. In otheiwoid, as long as the person ii qualified to hold such position even if the Sanggunian did not concur to such appointment, the appointing authority can make reappointment and subject such appointment for Sangguninan's "pptoua. It is because the absence of Sanggunian's concurrence only affects the validity oi legality of Ut* appointment and not the qualification of the person to be appointed. Hence, ttre appJintment of f"fi' Pastor made by the Mayor which was previously re;eiteA would still go the Sanggunian's approval' PendingtheoutcomeoftheadministrativecomplaintagainstMs'Pastor'thisofficewould defer from commenting or rendering its opinion as to thl quarification of Ms. pastor in order not to interferewiththedispositionoftheCivilserviceCommission' Astotheremedy,wecouldnotprovideadesniteremedysincetheMayorisonlyexercising his power of appointmlnt under the law. A remedy'to enjoin the Mayor to make reappointment would mean preventing the Mayor to exercise his power to appoinL we hope to have enlightened you on the issdes at hand' our opinion' however' is without prejudice to any .ufing o. Lpiiior, .undut"Jta" ttigttut authority or a competent tribunal' ,A REPUBLIC OF TF{E 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;700-27-0L;700'36-79; 607 -I2-4s Fax Nos. 888-2V-94; 7 OA-27 -03 Warm regards. ,r,otlws E Celebrating 20 Years,/"tffi utonomY in the H Philippines