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Designation of Temporary Secretary To The Sngggunian

The document provides a legal opinion on whether the incumbent Secretary to the Sanggunian can vacate their seat during a regular session upon an approved motion, and whether the Vice Mayor can designate a temporary/acting secretary. The opinion concludes that the Secretary cannot vacate their seat without due cause, as the law mandates they attend all sessions. It also finds that the sanggunian does not have authority to require the Secretary to vacate or to appoint a temporary replacement. The Vice Mayor can only exclude the Secretary if their behavior warrants it, and is the only one with authority to appoint a temporary replacement in specific circumstances like leave absence.

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2K views2 pages

Designation of Temporary Secretary To The Sngggunian

The document provides a legal opinion on whether the incumbent Secretary to the Sanggunian can vacate their seat during a regular session upon an approved motion, and whether the Vice Mayor can designate a temporary/acting secretary. The opinion concludes that the Secretary cannot vacate their seat without due cause, as the law mandates they attend all sessions. It also finds that the sanggunian does not have authority to require the Secretary to vacate or to appoint a temporary replacement. The Vice Mayor can only exclude the Secretary if their behavior warrants it, and is the only one with authority to appoint a temporary replacement in specific circumstances like leave absence.

Uploaded by

Mark Christian L. Gvzman
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Republic of the Philippines Department of the Interior and Local Government

CORDILLERA ADMINISTRATIVE REGION Barangay Center, Baguio City

DILG-CAR OPINION NO. 21, s. 1999 DESIGNATION OF TEMPORARY/ACTING SECRETARY TO THE SANGGUNIAN -QUERY

Whether or not it is legal to move that the incumbent Secretary to the Sanggunian vacate his seat during a regular session and, at the same time, move that the Vice Mayor shall designate a temporary/acting secretary during such session in order that the sanggunian can transact its ordinary business like confirmation of contracts and approval of supplemental barangay budgets?

-OPINIONWe answer in the NEGATIVE. The Secretary to the Sanggunian may not vacate his seat upon an approved motion from the sanggunian, unless with due cause. Sec. 469(c)(1) of the 1991 Local Government Code is emphatic when it enunciated that the secretary to the sanggunian shall take charge of the office of the secretary to the sanggunian and shall attend meetings of the sanggunian and keep a journal of its proceedings. This mandate was adopted in the City Council's (Baguio City) Internal Rules of Procedure (IRP) per Ordinance N. 27, s. 1992, particularly under Rule I, Section 1, par. b, item (1), to quote: "Rule 1- Officers: Powers and Duties. xxx b. CITY SECRETARY - (Secretary to the Sanggunian) - In addition to his duties prescribed by law, the City Secretary (Secretary to the Sanggunian) shall also perform the following: (1) He shall attend all sessions and caucuses of the Sangguniang Panlungsod (City Council); (2) He shall prepare and certify the Minutes of Meetings of the body." It cannot be doubted that the secretary to the sanggunian is mandated to attend all sessions of the said sanggunian; otherwise, he shall be liable for dereliction of duty. Moreover, a careful perusal of the City Council's IRP reveals that there is no provision providing for any instance whereby the secretary to the sanggunian may temporarily vacate his seat during a regular session, nor does it contain a proviso whereby the sanggunian members can move for his temporary exclusion from such session; the latter act is surely ultra vires. If at all, it is the Vice Mayor, in his capacity as Presiding Officer, who may temporarily exclude the said Secretary pursuant to his (Vice Mayor) broad powers in enforcing, at all times, order and decorum within the legislative halls. This mandate is contained in the City Council's IRP, particularly Rule I, Sec. 1, par. a(1)(f). The exercise of this power, however, necessarily entails an act on the part of the Secretary that is sufficient enough to warrant his exclusion from the session. If such Secretary is performing his

regular functions and is behaving within the bounds of propriety and decorum, we see no reason why he shall be excluded from the session. In addition, it must be noted that the secretary to the sanggunian is a career official and is governed by civil service rules. Once his appointment is approved by the Civil Service Commission, he may be removed only for cause and upon observance of due process, the penalty of suspension or dismissal shall be imposed by the appropriate tribunal. We cannot find any provision of law which grants disciplinary powers to the sanggunian over its secretary such that the sanggunian may require him to temporarily vacate his office. Moreover, in addition to the Vice Mayor's power to exclude the Secretary in his capacity as Presiding Officer as aforementioned, he has the power to discipline such secretary pursuant to the administrative doctrine that the power to appoint includes the power to dismiss. At this point, it is beyond argument that it is the Vice Mayor who has the authority to appoint the secretary to the sanggunian. And by way of obiter dictum, we believe that a temporary/acting secretary may also be designated in other circumstances as when the incumbent secretary is on leave, is serving a preventive suspension, or is otherwise absent due to causes beyond his control. Our opinion, however, is without prejudice to an opinion rendered by a higher authority or to a ruling from a competent tribunal. ____________ Opinion rendered on 10 December 1999 to HON. BETTY LOURDES F. TABANDA, City Councilor, Baguio City.

Prepared By:
EUGENE M. BALITANG Regional Legal Counsel

Reviewed By:
PATRICK D. ONUS Assistant Regional Director

Approved:

EVERDINA ECHALAR-DOCTOR Regional Director

/opinion21

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