Powers of the Civil Service over local appointments

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Powers of the Civil Service over local appointments

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jayThe Civil Service Commission as the central personnel agency of the government has the authority to invalidate the appointment of a city, municipal or provincial administrator if not eligible under the local government code.

The position of local government administrator is one of those  who are required to be appointed under Section 480 of the local government code.

In case there are eligibility issues to an appointee to such a position, the Civil Service Commission may step in and rule over such eligibility.

First, the Supreme Court in Provincial Government of Camarines Norte versus Beatriz O. Gonzales (G.R. No. 185740, July 23, 2013)  held that the position of provincial administrator is co-terminous with the appointing authority, a non-career service position primarily confidential.

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The Supreme Court said: “To emphasize the close relation that the provincial administrators’ functions have with the office of the governor, RA 7160 even made the provincial administrator position co-terminous with its appointing authority. This provision, along with the interrelations between the provincial administrator and the governor under Section 480, renders clear the intent of Congress to make the provincial administrator position primarily confidential under the non career service category of the civil service.”

Section 480 of the local government code prescribes the qualifications of administrator.

Under the Constitution, the Civil Service Commission is the “central personnel agency of the government.”

Under the Administrative Code of 1987 (Executive Order No. 292) the Civil Service  can “take appropriate action on all appointments and other personnel matters in the Civil Service.”

The scope of the Civil Service Commission embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned and controlled corporations with original charters.

Positions in the civil service are both career and non-career service like the local government administrator.

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Local government units are agencies of the government.

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Under these circumstances, the appointment of a local government administrator, and the eligibility issues that may arise out of such appointments, may be subject to the jurisdiction of, and may be acted upon by the Civil Service Commission. (By Atty. Jay I. Dejaresco)

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