Confidential positions in the LGUs

POSTED BY JJ CABRERA AUGUST 2, 2011

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This is actually five months ago but for the
sake of reiterating whats confidential and
whats not in those positions being occupied
by friends, relatives or shooting buddies
perhaps of local chief executives, the Civil
Service Commission issued its Resolution
No. 1100187 dated February 1, 2011.

If
there
is
anything urgent about the resolution, its all
about the perennial clamor to make local
governments rid of favored appointments of
relatives, friends, political supporters and a
host of whoever thats close to the mayor or
the governor. The propensity of such a habit
is justified under CSC Resolution No. 071813
(MC No. 22 series of 2007) which declared
certain positions in the Offices of the

Provincial Governor/Vice Governor and

Mayor/Vice Mayor as primarily confidential,
ergo, untouchables.
So that in response to the clamor for CSC to
review or amend its previous resolution
(which only spawned patronage and abuses
coming from both the appointing authority
and the appointed), the Memo Circular No.
12 came to life. Here are some of the
positions affected by the revised guidelines:
Whats confidential

Executive Assistants I,II,III,IV,V

Private Secretary I & II
Security Officer I,II,III,IV,V
Personal driver/Chauffeur

The above positions will retain

confidential nature of their jobs.

the

Whats not so confidential but needs

re-appointment (and eligibility)

Human Resource Management Officer

Records Officer
Supply Officer
Clerk
Utility Worker
Local Legislative Staff Employee

The above positions belong to the career

service
and
not
anymore
primarily
confidential, thus the reversion to their civil
service classification. Essentially, all those
under the title administrative officer,
administrative assistants and those working
in Sanggunian Panlalawigan/Panglungsod
can be reappointed to the same positions if
they are found qualified under existing Civil
Service Law and rules. Bawal na tabi so
mga kuray-kuray na suportadores na
dae civil service eligibility.
Whats not so confidential, needs
reappointment under new title and coterminus

Administrative aide with parenthetical

title (driver) to Driver (Governor/ViceGovernor/Mayor/Vice Mayor)
Administrative assistant with
parenthetical title (secretary) to Private
Secretary
Administrative officer to executive
assistant
Whats
said
to
be
coterminus (confidentiality on the part of the
administrator is always debatable, please

see the functions and look if theres a

matter of local and national security)

Administrator
Legal Officer
Information Officer

Provided that they have to conform to the

following:
For the Administrator
Section 480. Qualifications, Terms, Powers
and Duties.
(a)
No
person
shall
be
appointed
administrator unless he is a citizen of the
Philippines, a resident of the local
government unit concerned, of good moral
character, a holder of a college degree
preferably in public administration, law, or
any other related course from a recognized
college or university, and a first grade civil
service eligible or its equivalent. He must
have acquired experience in management
and administration work for at least five (5)
years in the case of the provincial or city
administrator, and three (3) years in the
case of the municipal administrator.

The term of administrator is coterminous

with that of his appointing authority.
The appointment of an administrator shall
be mandatory for the provincial and city
governments, and optional for the municipal
government.
(b) The administrator shall take charge of
the office of the administrator and shall:
(1) Develop plans and strategies and upon
approval thereof by the governor or mayor,
as the case may be, implement the same
particularly those which have to do with the
management and administration related
programs and projects which the governor
or mayor is empowered to implement and
which the sanggunian is empowered to
provide for under this Code;
(2) In addition to the foregoing duties and
functions, the administrator shall:
(i) Assist in the coordination of the work of
all the officials of the local government unit,
under the supervision, direction, and control
of the governor or mayor, and for this
purpose, he may convene the chiefs of
offices and other officials of the local
government unit;

(ii) Establish and maintain a sound

personnel program for the local government
unit
designed
to
promote
career
development and uphold the merit principle
in the local government service;
(iii) Conduct a continuing organizational
development of the local government unit
with the end in view of the instituting
effective administrative reforms;
(3) Be in the frontline of the delivery of
administrative support services, particularly
those related to the situations during and in
the aftermath of man-made and natural
disasters and calamities;
(4) Recommend to the sanggunian and
advise the governor and mayor, as the case
may be, on all other matters relative to the
management and administration of the local
government unit; and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or by ordinance.
For the Legal Officer
Section 481. Qualifications, Terms, Powers
and Duties.

(a) No person shall be appointed legal

officer unless he is a citizen of the
Philippines, a resident of the local
government concerned, of good moral
character, and a member of the Philippine
Bar. He must have practiced his profession
for at least five (5) years in the case of the
provincial and city legal officer, and three
(3) years in the case of the municipal legal
officer.
The term of the legal officer shall be
coterminous with that of his appointing
authority.
The appointment of legal officer shall be
mandatory for the provincial and city
governments and optional for the municipal
government.
(b) The legal officer, the chief legal counsel
of the local government unit, shall take
charge of the office of legal services and
shall:
(1)
Formulate
measures
for
the
consideration of the sanggunian and provide
legal assistance and support to the governor
or mayor, as the case may be, in carrying
out the delivery of basic services and

provisions of adequate facilities as provided

for under Section 17 of this Code;
(2) Develop plans and strategies and upon
approval thereof by the governor or mayor,
as the case may be, implement the same,
particularly those which have to do with
programs and projects related to legal
services which the governor or mayor is
empowered to implement and which the
sanggunian is empowered to provide for
under this Code;
(3) In addition to the foregoing duties and
functions, the legal officer shall:
(i) Represent the local government unit in all
civil actions and special proceedings
wherein the local government unit or any
official thereof, in his official capacity, is a
party: Provided, That, in actions or
proceedings where a component city or
municipality is a party adverse to the
provincial government or to another
component city or municipality, a special
legal officer may be employed to represent
the adverse party;
(ii) When required by the governor, mayor or
sanggunian, draft ordinances, contracts,
bonds,leases
and
other
instruments,

involving any interest of the local

government unit and provide comments and
recommendations
on
any
instrument
already drawn;
(iii) Render his opinion in writing on any
question of law when requested to do so by
the governor, mayor or sanggunian;
(iv) Investigate or cause to be investigated
any
local
official
or
employee
for
administrative neglect or misconduct in
office, and recommend appropriate action to
the governor, mayor or sanggunian, as the
case may be;
(v) Investigate or cause to be investigated
any person, firm or corporation holding any
franchise or exercising any public privilege
for failure to comply with any term or
condition in the grant of such franchise or
privilege, and recommending appropriate
action
to
the
governor,
mayor
or
sanggunian, as the case may be;
(vi) When directed by the governor, mayor,
or sanggunian, initiate and prosecute in the
interest of the local government unit
concerned any civil action on any bond,
lease or other contract upon any breach or
violation thereof; and

(vii) Review and submit recommendations

on ordinances approved and execute orders
issued by component units;
(3)
Recommend
measures
to
the
sanggunian and advise the governor or
mayor as the case may be on
all other matters related to upholding the
rule of law;
(4) Be in the frontline of protecting human
rights and prosecuting any violations
thereof, particularly those which occur
during and in the aftermath of man-made or
natural disasters or calamities; and
(5) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
For the Information Officer
Section
Duties.

486.

Qualifications,

Powers

and

(a) No person shall be appointed information

officer unless he is a citizen of the
Philippines, a resident of the local
government unit concerned, of good moral
character, a holder of a college degree
preferably
in
journalism,
mass

communication or any related course from a

recognized college or university, and a first
grade civil service eligible or its equivalent.
He must have experience in writing articles
and research papers, or in writing for print,
television or broadcast media of at least
three (3) years in the case of the provincial
or city information officer, and at least one
(1) year in the case of municipal information
officer.
The appointment of the information officer is
optional for the provincial, city and
municipal governments.
The term of the information officer is
coterminous with that of his appointing
authority.
(b) The information officer shall take charge
of the office on public information and shall:
(1)
Formulate
measures
for
the
consideration of the sanggunian and provide
technical assistance and support to the
governor or mayor, as the case may be, in
providing the information and research data
required for the delivery of basic services
and provision of adequate facilities so that
the public becomes aware of said services
and may fully avail of the same;

(2) Develop plans and strategies and, upon

approval thereof by the governor or mayor,
as the case may be, implement the same,
particularly those which have to do with
public information and research data to
support programs and projects which the
governor or mayor is empowered to
implement and which the sanggunian is
empowered to provide for under this Code;
(3) In addition to the foregoing duties and
functions, the information officer shall:
(i) Provide relevant, adequate, and timely
information to the local government unit
and its residents;
(ii) Furnish information and data on local
government units to government agencies
or offices as may be required by law or
ordinance;
and
non-governmental
organizations to be furnished to said
agencies and organizations;
(iii) Maintain effective liaison with the
various sectors of the community on
matters and issues that affect the livelihood
and the quality of life of the inhabitants and
encourage support for programs of the local
and national government;

(4) Be in the frontline in providing

information during and in the aftermath of
man-made and natural calamities and
disasters, with special attention to the
victims thereof, to help minimize injuries
and casualties during and after the
emergency, and to accelerate relief and
rehabilitation;
(5) Recommend to the sanggunian and
advise the governor or mayor, as the case
may be, on all matters relative to public
information and research data as it relates
to the total socio-economic development of
the local government unit; and
(c) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Aside from the minimum qualifications
required, they need to have a concurrence
by the concerned Sanggunian. Otherwise, all
appointments
will
be
considered
disapproved. Remember also that they dont
anymore fall under whats confidential.
As to the perennial question of whether or
not appointing a relative to the position as
administrator is nepotic, the Civil Service

Commission has yet to find time reviewing

the issue.
Or sigh.