PEREZ, Ronaldo B.

Re: Sangguniang Secretary;

Concurrence of Sanggunian
x--------------------------------------------x

RESOLUTION NO. 000110

Vice Mayor Daniel T. Farias of Baguio City requests the assistance of the Commission relative to the appointment of
Atty. Ronaldo B. Perez as City Government Department Head II (City Secretary) of the Sannguniang Panlungsod of Baguio.

Vice Mayor Farias, in his letter, alleges that:

"The undersigned, Vice Mayor of the City of Baguio, has appointed Atty. Ronaldo B. Perez as City
Government Department Head II (City Secretary) effective November 3, 1999. Atty. Perez took his Oath of Office
before Honorable City Mayor Mauricio G. Domogan, also on November 3, 1999 and he assumed the duties and
functions of his office on the same day.

"Also, on November 3, 1999, a proposed Resolution signed by 11 members of the Sangguniang

Panlungsod was filed with the Office of the City Secretary endorsing the Acting Assistant City Secretary, Mrs.
Lourdes A. Rivera, who holds the position of Local Legislative Staff Officer V, with SG 22 and also an applicant
for the said position, for her promotion and appointment as City Secretary.

"Since then, the turn of events and circumstances has resulted in the paralyzation of the delivery of
basic services by the Sangguniang Panlungsod and has proved detrimental to public service in general and to
the constituents of Baguio City in particular. Out of five regular Monday Sessions held thereafter, four were
prematurely adjourned either because of lack of quorum or majority of the members present, upon motion
presented, voted for adjournment.

"The main issue at hand is the absence of concurrence by Sangguniang Panlungsod of the appointment
Atty. Perez and corollarily, the validity of his appointment. This was raised by Mrs. Rivera herself and Mr.
Benedicto A. Alhambra, another applicant for the position, in a joint letter-protest received by the undersigned
and the members of the Sangguniang Panlungsod shortly before the regular session of November 15, 1999. The
arguments contained in the letter-protest was adopted by some of the Sanggunian Members in the deliberations
during the said session.
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 "The issues raised in the letter-protest have already been passed upon by the undersigned. Queries were
even sent to CSC-CAR and the DILG-CAR to put the issues at rest. However, despite the opinions rendered by
both the CSC-CAR and the DILG-CAR, the impasse remains.

"In the interest of public service, and so as not to further hamper the delivery thereof, the undersigned
now most respectfully elevates the matter of the appointment of Atty. Ronaldo Perez as City Secretary of the
Sangguniang Panlungsod of Baguio City, by way of QUERY, to the Honorable Civil Service Commission."

xxx

Thus, the only issue to be resolved in the instant case is whether the appointment of Perez as Sanggunian or City
Secretary requires the concurrence of the Sangguniang Panlungsod.

The Commission answers in the negative.

No less that the Supreme Court in its Resolution dated August 3, 1993 in the case of Mayor Benjamin F. Arao and
Jeremias Saldua vs. CSC, held that:

"There is no provision in R.A. 7160 which states specifically that a particular department head is the
appointing authority for the position of secretary of the sangguniang panlungsod. Hence, as public respondent
ruled, the secretary to the sanggunian is not a department head but merely equal in rank and salary equal (sic)
to a head of department or office, and that the secretary is an official/employee in the sanggunian. All its duties
and functions relate to services to be rendered in the sanggunian. Moreover, the law is clear and definite that
there shall be a secretary to the sanggunian xxx. Thus, he is an official of the sanggunian and not a department
head per se."

Hence, regardless of whether the concurrence of the Sanggunian is wanting in the appointment of Perez as
Sanggunian Secretary is already immaterial. Even granting that the position being occupied by Perez is "City Government
Head", said nomenclature is not controlling in determining whether it really belongs to a department head category, the
appointment to which requires the concurrence of the Sanggunian. It must be emphasized that the High Court has already ruled
that the Sanggunian Secretary is merely an official of the Sanggunian.

However, what apparently beclouds the issue at hand is the fact that the sanggunian passed a Resolution endorsing
Acting Assistant City Secretary Lourdes A. Rivera for promotion as Sanggunian Secretary. Nevertheless, in the light of the
elementary rule that the Sanggunian Secretary is an appointee of the Vice Mayor (Jaime Valencia, CSC Resolution No.
991830), and the mere fact that Vice Mayor Farias exercised his discretion by appointing Perez already settled the issue.
Without casting any aspersion, the act of the Sanggunian endorsing Rivera remains a mere advisory on the matter.

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 WHEREFORE, the Commission holds and so rules that the appointment of Atty. Ronaldo B. Perez as Sanggunian
Secretary of the Sangguniang Panlungsod of Baguio does not need the concurrence of the Sanggunian concerned.

Quezon City, JAN 14 2000

(SGD.)
THELMA P. GAMINDE
Commissioner
(SGD.)
CORAZON ALMA G. DE LEON
Chairman

(DID NOT PARTICIPATE)

JOSE F. ERESTAIN, JR.
Commissioner
Attested by:

(SGD.)
ARIEL G. RONQUILLO
Director III

FPG/LSD/A2/A5/esd16
0-0756-99
/perez

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