THIRD DIVISION
G.R. No. 213237, September 13, 2017
CIVIL SERVICE COMMISSION, AND THE MUNICIPALITY OF MASIU, LANAO DEL SUR, REPRESENTED BY MAYOR NASSER P. PANGANDAMAN, JR., Petitioners, v. SAMAD M. UNDA, Respondent.
G.R. No. 213331
THE MUNICIPALITY OF MASIU, PROVINCE OF LANAO DEL SUR, REPRESENTED BY NASSER P. PANGANDAMAN, JR., MUNICIPAL MAYOR, Petitioner, v. SAMAD M. UNDA, Respondent.
D E C I S I O N
BERSAMIN, J.:
An appointment to a position that is optional under the Local Government Code (LGC) but without the corresponding appropriation by the relevant sanggunian is ineffectual.
WHEREFORE, premises considered, the assailed Decision date 15 March 2012 and the Resolution dated 16 October 2012 are REVERSED and SET ASIDE. The Orders dated 15 February 2010 and 2 June 2010 of the Civil Service Commission-Autonomous Region in Muslim Mindanao (CSC-ARMM) are hereby AFFIRMED. Petitioner Samad M. Unda's appointment as Municipal Environment and Natural Resources Officer is valid and in accordance with law.
SO ORDERED.3
It is an elementary rule in administrative law and the law on public officers that a public office is either created by the Constitution (fundamental law), by law (statute duly enacted by Congress) or by authority of law.The CA observed that the prohibition against midnight appointments did not extend to the respondent because his appointment had been made 22 days prior to the start of the election ban on March 30, 2007;15 and that the PSB had screened his application for the position in compliance with CSC Memorandum Circular No. 40 (Revised Rules on Appointments and Other Personnel Actions) as borne out by the certification to that effect by its chairman.16
Here, the creation and establishment of the Municipal Environment and Natural Resources Office was made by law under Sections 443 and 484 of the Local Government Code of 1991, viz:SEC. 443. Officials of the Municipal Government. - (a) a) There shall be in each municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan members, a secretary to the sangguniang bayan, a municipal treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a municipal planning and development coordinator, a municipal engineer/building official, a municipal health officer and a municipal civil registrar.Notably, this office or position does not only exist in municipalities but also in the cities and provinces. Its creation does not depend on any Resolution issued by a local legislative body such as Resolution No. 29 Series of 2005, but by a law duly enacted by Congress which is the Local Government Code of 1991.14
(b) In addition thereto, the mayor may appoint a municipal administrator, a municipal legal officer, a municipal agriculturist, a municipal environment and natural resources officer, a municipal social welfare and development officer, a municipal architect, and a municipal information officer.xxx xxx xxx
SEC 484. Qualifications, Powers and Duties. - (a) No person shall be appointed environment and natural resources 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 environment, forestry, agriculture or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in environmental and natural resources management, conservation, and utilization, of at least five (5) years in the case of the provincial or city environment and natural resources officer, and three (3) years in the case of the municipal environment and natural resources officer. The appointment of the environment and natural resources officer is optional for provincial, city, and municipal governments.
In G.R. No. 213237, petitioner LGU tenders the issue of:I
THE HONORABLE COURT OF APPEALS DECIDED A QUESTION OF SUBSTANCE NOT THERETOFORE DECIDED BY THE SUPREME COURT, IN HOLDING THAT THE POSITION OF MUNICIPAL AND ENVIRONMENTAL OFFICER OF THE MUNICIPALITY OF MASIU, PROVINCE OF LANAO DEL SUR IS VALIDLY CREATED BASED SOLELY ON THE PROVISIONS OF SECTIONS 443 AND 484 OF THE LOCAL GOVERNMENT CODE AND ITS CREATION DOES NOT DEPEND UPON ANY RESOLUTION ISSUED BY A LOCAL LEGISLATIVE BODY SUCH AS RESOLUTION NO. 29, SERIES OF 2005.II
THE HONORABLE COURT OF APPEALS HAS DEPARTED FROM THE USUAL COURSE OF JUDICIAL PROCEEDINGS WHEREBY A STATUTE IS CONSTRUED AS A WHOLE, AND NOT JUST A PARTICULAR PROVISION THEREOF, BY CONSTRUING SECTIONS 443 AND 484 OF THE LOCAL GOVERNMENT CODE AS SUFFICIENT BASIS FOR THE CREATION OF THE POSITION OF MENRO, IN WILLFUL AND DELIBERATE DISREGARD OF OTHER RELEVANT PROVISIONS GOVERNING THE CREATION, ORGANIZATION, COMPENSATION AND OTHER BENEFITS OF THE OFFICIALS AND PERSONNEL OF LOCAL GOVERNMENT UNITS.18
The LGU argues that the appointment to the position of the MENRO could not be based solely on Section 443 and Section 484 of the LGC; that the appointment also required a budget or appropriations ordinance, pursuant to Section 443(e) of the LGC, which provides that elective and appointive emoluments based on a law or ordinance, as well as Section 305(a) of the LGC, which mandates that "no money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law;"20 that the position of the MENRO was optional and not automatically institutionalized in every municipality, and, accordingly, there must still be a positive act by the sangguniang bayan to create the position and to provide the necessary appropriation for the position;21 that Section 76 of the LGC empowers the LGU to design and implement its own organizational structure and staffing pattern, and to determine the compensations of its local officials and personnel; and that Section 447 grants to the LGU the power to approve the annual and supplemental budgets for its operations.22I
WHETHER OR NOT THE COURT OF APPEALS ERRED ON A QUESTION OF LAW IN DECLARING PETITIONER'S APPOINTMENT AS VALID AND IN ACCORDANCE WITH LAW.19
SECTION 443. Officials of the Municipal Government. -Pursuant to the foregoing, there ought to be no question that the appointment of the respondent as the MENRO was but optional on the part of the Municipality of Masiu, and that such appointment required the concurrence of the Sangguniang Bayan, as well as the adoption of the appropriation ordinance to fund the payment of his salaries and other emoluments.
(a) There shall be in each municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan members, a secretary to the sangguniang bayan, municipal treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a municipal planning and development coordinator, a municipal engineer/building official, a municipal health officer and a municipal civil engineer.
(b) In addition thereto, the mayor may appoint a municipal administrator, a municipal legal officer, a municipal agriculturist, a municipal environment and natural resources officer, a municipal social welfare and development officer, a municipal architect, and a municipal information officer.
(c) The sangguniang bayan may:(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the municipal mayor with the concurrence of the majority of all the sangguniang bayan members, subject to civil service law, rules and regulations. The sangguniang bayan shall act on the appointment within fifteen (15) days from the date of its submission; otherwise, the same shall be deemed confirmed.
(2) Create such other offices as may be necessary to carry out the purposes of the municipal government; or
(3) Consolidate the functions of any office with those of another in the interest of efficiency and economy.
(e) Elective and appointive municipal officials shall receive such compensation, allowances and other emoluments as may be determined by law or ordinance, subject to the budgetary limitations on personal services as prescribed in Title Five, Book II of this Code: Provided, That no increase in compensation of the mayor, vice-mayor, and sangguniang bayan members shall take effect until after the expiration of the full term of all the elective local officials approving such increase. (Bold underscoring supplied for emphasis)
We are not convinced by petitioner's insistence that the terms "resolution" and "ordinance" are synonymous. A municipal ordinance is different from a resolution. An ordinance is a law, but a resolution is merely a declaration of the sentiment or opinion of a lawmaking body on a specific matter. An ordinance possesses a general and permanent character, but a resolution is temporary in nature. Additionally, the two are enacted differently a third reading is necessary for an ordinance, but not for a resolution, unless decided otherwise by a majority of all the Sanggunian members. (Bold underscoring supplied for emphasis)The text of Resolution No. 29 dated October 24, 2005 reads:
RESOLUTION NO. 29
Series of 2005
A RESOLUTION APPROPRIATING THE AMOUNT OF TWENTY THREE MILLION NINE HUNDRED FORTY FIVE THOUSAND FOUR HUNDRED FORTY SIX (P23,945,446.00) PESOS AS ANNUAL BUDGET FOR CALENDAR YEAR 2006 AND THE NEWLY CREATED POSITIONS.
WHEREAS, the Honorable members of the Sangguniang Bayan has lengthily deliberate the proposed Annual Budget Calendar Year 2006, and after thorough review of the itemized appropriate for Personal Services (PS), Maintenance and Other Operating Expenditures (MOOE) as well as the Capital Outlay (CO) and Non-Office Expenditures as the main body of the proposed annual budget which was prepared and submitted by the Honorable Mayor in compliance with Republic Act No. 7160, otherwise known as the Local Government Code for deliberation.
WHEREAS, the proposed Annual Budget for Calendar Year 2006 was formally presented to the Honorable August Body by the Local Finance Committee, this municipality and after careful analysis and matured deliberation, Honorable Sittie Naura Pangandamun formally put into motion that the proposed Annual Budget for Calendar Year 2006 be approved and it was duly seconded by all member present; it was
RESOLVED, as it hereby Resolved, enacted and adopt Appropriation Ordinance No. 01 series 2005 approving the General Fund Budget for Calendar Year 2006.
BE IT ORDAINED BY THE Sangguniang Bayan of this Municipality of Masiu, Lanao del Sur in session assembled that;
Section 1 - Title - This ordinance shall be known as the Appropriation Ordinance No. 01, series 2005.
Section 2 - Scope - The Annual Budget of the Municipal Government of Masiu, Lanao del Sur shall be as follows:xxx xxx xxx
RESOLVED FURTHER, to furnish copy of this resolution to the Civil Service Commission, City Hall, Marawi City/Lanao del Sur and other concerned offices for information guidance and favorable action.
APPROVED UNANIMOUSLY.
____________________
I HEREBY CERTIFY to the correctness of the foregoing resolution.
ATTESTED:
(sgd)
Hon. USMANP. URANGGAGA
Vice-Mayor/Presiding Officer
2. That on October 24 2005, the members of the Sangguniang Bayan of the Municipality of Masin, Lanao del Sur had a regular session at the Session Hall, Municipal Hall with Usman P. Uranggaga, then Municipal Vice Mayor as the Presiding Officer and attended by the following SB Members, to wit: (1) CAIRODEN S. MOTALIB; (2) HADJI SATAR M. SAMPORNA; (3) SITTIE NAURA PANGANDAMUN; (4) MANALAO S. MONTE; (5) MONER CASAD (ABC President); (6) SARIPIE H.R. MACABINTA (Women Sector); (7) USMAN ZAMAN (Agricultural Sector); and (8) USMAN M. NATANGCOP. Absent SB Members were the following: (1) ALINAIR M. PANGANDAMUN; (2) ANUAR P. SALIC; (3) ALIANAMARIE M. MACAALIN, and (4) MAYRANISA S. PANGANDAMUN (SK Federation President);Moreover, Section 56 of the LGC instructs that every ordinance enacted by the municipalities shall be forwarded to the sangguniang panlalawigan for review and approval in furtherance of the supervisory authority of the latter over municipal governments. Based on the certification34 issued by Atty. Cosain M. Macarambon, the secretary of the Sangguniang Panlalawigan of Lanao del Sur, the LGU of Masiu did not submit its budget for the fiscal year of 2006 to the Sangguniang Panlalawigan. Hence, the Sangguniang Panlalawigan had no opportunity to review and approve Resolution No. 29 dated October 24, 2005.
3. That during said session, RESOLUTION NO. 29 Series 2005, A RESOLUTION APPROPRIATING THE AMOUNT OF TWENTY THREE MILLION NINE HUNDRED FORTY FIVE THOUSAND FOUR HUNDRED FORTY SIX (P23,945,446.00) PESOS AS ANNUAL BUDGET FOR CALENDAR YEAR 2006 AND THE NEWLY CREATED POSITIONS, was passed after a thorough discussion and deliberation by and among the members of the Sangguniang Bayan who were then present. In the same Resolution, a new position was created, i.e. MUNICIPAL ENVIRONMENT AND NATURAL RESOURCES OFFICER;
4. That it is not true that Resolution No. 29, Series of 2005 was not discussed and deliberated upon by the members of the Sangguniang Bayan, the truth being that it was indeed thoroughly discussed and deliberated upon by the members of the Sangguniang Bayan who were then present, as in fact, they even affixed their respective signatures thereon. Besides, I was then present being the SB Secretary, and witnessed the discussion and deliberation in the body. xxxx.33 (Bold underscoring supplied for emphasis)
Section 56. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. - (a) Within three (3) days after approval, the secretary to the sangguniang panlungsod or sangguniang bayan shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils.Hence, the approval by the Sangguniang Panlalawigan of Resolution No. 02-24, series of 2007 was unnecessary because the confirmation thereby made by the majority of the LGU's sangguniang bayan sufficed.
Endnotes:
1Rollo (G.R. No. 213237), pp. 27-35; penned by CA Associate Justice Edgardo T. Lloren with the concurrence of Associate Justice Marie Christine Azcarraga-Jacob and Associate Justice Edward B. Contreras.
2Rollo (G.R. No. 213331), pp. 79-88.
3Rollo (G.R. No. 213237), p. 34.
4 Id. at 27.
5 Id. at 169 and 173 (the appointees were Naima U. Badarol (Human Resources Assistant), Nadja P. Mardan (Ticket Checker), Soraya M. Sharief (Municipal Accountant), Samad M. Unda (MENRO), Omar Arimao (Driver I) Caris Mamalo (Utility Worker I), Mariam M. Oranggaga (Clerk II), Amerhassan O. Unda (Driver I) and Juaida P. Usman (Utility Worker I).
6Rollo (G.R. No. 213331), p. 5 (the Municipality of Masiu also alleged that Unda was appointed to a non-vacant position and his appointment was ineffective for lack of attestation within 30 days from issuance).
7 Id. at 58-65.
8 Id. at 66-75.
9 Id. at 76-78.
10 Id. at 79-88.
11 Id. at 63.
12 Id. at 89-94.
13 Id. at 47-55.
14Rollo (G.R. No. 213237), pp. 31-32.
15Rollo (G.R. No. 213331), p. 52.
16 Id. at 53.
17 Id. at 56-57.
18 Id. at 32.
19Rollo (G.R. No. 213237), p. 14.
20Rollo (G.R. No. 213331), pp. 36-37.
21 Id. at 37-38.
22 Id. at 42.
23Rollo (G.R. No. 213327), pp. 18-19.
.
24 Id. at 15-16.
25 Id. at 498.
26 Id. at 485-492.
27Rollo (G.R. No. 213331 ), pp. 271-273.
28Malaria Employees and Workers Association of the Philippines Inc. (MEWAP) v. Romulo, G.R. No. 160093, July 31, 2007, 528 SCRA 673, 679; citing Buklod ng Kawaning EIIB v. Zamora, G.R. Nos. 142801-802, July 10, 2001, 360 SCRA 718, 726.
29Capati v. Ocampo, G.R. No. L-28742, April 30, 1982, 113 SCRA 794, 796.
30 The second paragraph reads: "The appointment of the environment and natural resources officer is optional for the provincial, city and municipal governments."
31 G.R. No. 127820, July 20, 1998, 292 SCRA 678, 689.
32 See Article 107 (c) and (d) of the Implementing Rules and Regulations of the Local Government Code.
33Rollo (G.R. No. 213327), p. 213.
34 Id. at 51.
35 Id. at 53.
36 Id. at 498.
37 Id. at 14-18.
38Zoleta v. Sandiganbayan (Fourth Division), G.R. No. 185224, July 29, 2015, 764 SCRA 110, 120; Topacio v. Ong, 574 SCRA 817, 829.
39Arimao v. Taher, G.R. No. 152651, August 7, 2006, 498 SCRA 74, 91; citing Civil Liberties Union v. Executive Secretary, G.R. No. G.R. No. 83896, February 22, 1991, 194 SCRA 317, 340.