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Question Creation and Abolition of positions

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4 years 7 months ago #3428 by S M A
S M A created the topic: Creation and Abolition of positions
Good day. I have a few questions and clarifications about the creation and abolition of positions.
1. If an LGU abolished positions, can it create the same position
again after some time?
2. Can an LGU include a new position that is not yet created in the 2020 annual budget?
3. What happens when an LGU created a new position without filling up the mandatory positions?
Thank you and hoping you can answer.

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4 years 6 months ago #3431 by Action Officer 5
Action Officer 5 replied the topic: Creation and Abolition of positions
Dear Sir/Madam:

As a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Be that as it may, relevant to your query is Section 447 (a) (1-viii), RA No. 7160 which provides, as follows:

xxx

“SEC. 447. Powers, Duties, Functions and Compensation.-

“(a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code and shall:

“(1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal government, and in this connection shall:

xxx

“(viii) Determine the positions and salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from municipal funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the municipal government;”

From the foregoing, it is clear that the Sangguniang Bayan, as the legislative body of the Municipal Government, shall have the power to enact ordinances, approve resolutions, and appropriate funds for the general welfare of the municipality and its inhabitants, including the determination of positions and salaries, wages, allowances and other emoluments and benefits of officials and employees of the Municipal Government.

Further, in CSC Decision No. 190324 dated July 17, 2019 (De Torres, Violeta A.), the Commission stated thus:

x x x

“Based on the records of the case. the position of Administrative Assistant V (Data Controller Ill) to which De Torres was appointed is included in the twenty (25) newly created plantilla position in the Municipal Government of Nasugbu, Batangas. However, it was established in the COA AOM dated May 11, 2016 that the SB of Nasugbu did not pass a resolution approving the creation of new plantilla of positions which is required under Section 417 (a), R.A. No. 7160. The SB resolution is an indispensable requirement for the creation of a new plantilla position. Hence. in the absence of such SB resolution, the creation and filling up of the position of Administrative Assistant V (Data Controller III) is legally infirm.”

Based on the foregoing, an SB resolution is an indispensable requirement for the creation of a new plantilla position in the Municipal Government.

We hope that we have enlightened you on this matter.

Action Officer 31

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4 years 5 months ago #3439 by S M A
S M A replied the topic: Creation and Abolition of positions
Thank you for your answer. With regards to these supposed to be created and abolished positions... who's going to be liable on this? It's been years since the created position has been budgted and filled up. What can we do on this? Thank you

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3 years 2 months ago #8102 by Action Officer
Action Officer replied the topic: Creation and Abolition of positions
Good day Sir/Madam:

This is to reiterate that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Anent to your query, we refer to Section 77 of the Republic Act No. 7160, otherwise known as the Local Government Code of 1991, to wit:

SECTION 77. Responsibility for Human Resources and Development. – The chief executive of every local government unit shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the constitutional provisions on civil service, pertinent laws, and rules and regulations thereon, including such policies, guidelines and standards as the Civil Service Commission may establish: xxx

It is, therefore, the responsibility of the chief executive of every local government unit to take all personnel actions in accordance with the constitutional provisions on civil service and, pertinent laws, and rules and regulations thereon.

We hope that we were able to answer your query.

Note: Please be informed that the opinion being rendered is based solely on the facts you have narrated and our appreciation of the same. The opinion may vary when other facts are changed or further elaborated.

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