October 10, 2013 TO: HONORABLE MEMBERS OF SANGGUNIANG BAYAN Municipality of Los Baños Province of Laguna RE: RESPONSE TO VETO MESSAGE OF MAYOR CAESAR P. PEREZ OF ORDINANCE NO. 2013-1257 Entitled: CREATING THE POSITIONS OF MUNICIPAL GOVERNMENT DEPARTMENT HEAD I (HRMO) AND HUMAN RESOURCE MANAGEMENT ASSISTANT WHICH THE HRMO UNIT IS CONVERTED/UPGRADED TO A DEPARTMENT PROVIDING ITS COMPOSITION, COMPENSATION, SALARY GRADE AND DEFINING ITS FUNCTIONS AND QUALIFICATION STANDARDS AND APPROPRIATING FUNDS THEREOF. Dear Colleagues: The Honorable Mayor, Caesar P. Perez, has been very vocal on this: there is a big gap between the existing human resource competencies and the needed competencies for the exercise of the critical role of our municipality, not only as mere service provider but enabler of development of local communities. In consonance to the view of our honorable mayor and responding thereto, we, as elected officials of this municipality, have tried so much to introduce at least the foundation whereon to build a strong, responsive and competent human resource of our municipality – the passage of an ordinance converting/upgrading the Human Resource Management Office into a department and creation of strategic plantilla positions therein – that will carry out the multifarious functions of human resource development, from policy development to records management and preservation. Regretfully, our honorable mayor has refused to sign this ordinance to effectively turn it into a law, using as reason the statutory ground for vetoing ordinance which is: ultra vires (beyond the powers/invalid). The Honorable Mayor said: “I am vetoing the subject ordinance for being ultra vires based on the following grounds: 1. The Civil Service Manual on Qualification Standards (QS) provided the minimum and basic requirements for the position of a Human Resource Management Officer (HRMO) with Salary Grade 24, to wit: Education : Masteral Degree Experience : Four (4) years in position/s involving management and supervision Training : Twenty-four (24) hours of training in Management and supervision Eligibility : Career Service Professional The Local Government cannot deviate from the minimum requirements mandated by the Civil Service Commission. The requisite educational attainment for the position of HRMO with salary grade 24 is a masteral degree. While we are authorized to prescribed higher standards for the positions we create, we cannot however downgrade the minimum/basic requirements set by the Civil Service Commission. Further, the experience, training and other requirements set in the subject ordinance limits possible applicants to the position and appears to be tailored-fit to an identified close ally of the primary author of the ordinance. It must be stressed that the intention of creating a position must always be for the welfare of the general public and not to serve a chosen few. 2. Under Section 4, it is stated thereon that the Human Resource Management Assistant with salary grade 8 will be determined by the Municipal Government Department Head I and its qualifications shall be based on the qualification standards set by the Civil Service Commission. The enacted ordinance is incomplete and insufficient when it failed to provide the duties and functions of the above-mentioned HRM Assistant. If the August body were able to clearly define and enumerate the responsibilities of the HRM Department Head, why can it not define the functions of HRM Assistant? The failure of the Sanggunian Bayan to define the functions of HRM Assistant and delegation of their duty to the executive is a fatal defect to said enacted ordinance. The law/ordinance must be complete in all its essential terms and conditions when it leaves the Sangguniang Bayan so that there will be nothing left for the Executive to do except to enforce it. Otherwise, there will be a transfer of a legislative power from the lawmaking body to the implementing authority. As held in Ynot vs. Intermediate Appellate Court, 148 SCRA 659, “the law must be canalized within banks to keep it from overflowing.” 3. Section 9, last paragraph of the same enacted ordinance provides: “RESOLVED FINALLY, that copy of this ordinance be furnished the Hon. Mayor Caesar P. Perez, the Municipal Treasurer, the Municipal Accountant, and the Municipal Budget Officer, for their Information.” “It must be bourne in mind that the power of the legislative body is to enact ordinances for approval of the local chief executive. Section 55 and 56 of the Local Government Code defines the power of the Chief Executive to veto ordinances enacted by the Sangguniang Bayan. Hence, it is incorrect and implausible to state a copy of the enacted ordinance shall be furnished to Mayor for information purposes only. It runs contrary to the mandate of Republic Act 7160. It is asked from the august body to recognized and respect the authority of the undersigned in the same way that it is accorded to each and every one of you.” OUR RESPONSE No amount of mind squeezing could help this humble co-author of the vetoed ordinance to see the point where neither this ordinance nor any of its provisions were made beyond our powers (Ultra Vires) as a lawmaking body. 1. THE MAYOR IS WRONG WHEN HE INTERPRETED THAT WE HAVE DOWNGRADED THE MINIMUM/BASIC REQUIREMENTS SET BY THE CIVIL SERVICE COMMISSION. There has been no downgrading committed because the position created to head the Human Resource Department is Municipal Government Department Head I, with salary grade 24, the basic requirements set in the ordinance did not go below the prescription of the Civil Service Commission. The Honorable Mayor was remised of his homework when he concluded that the position of the head of the HRMO is Human Resource Management Officer V with salary grade 24. He, (Mayor Perez) might have been short of time to study the different laws, rules and regulations governing the creation of offices, positions and fixing of qualification standards of positions to be created. a. The Local Government Code or Republic Act 7160 explicitly provides the following: i. Section 76. Organizational Structure and Staffing Pattern – Every local government unit shall design and implement its own organizational structure and staffing pattern taking into consideration its service requirements and financial capability, subject to the minimum standards and guidelines prescribed by the Civil Service Commission. ii. Section 447. Powers and Duties of the Sangguniang Bayan. (a)(I)(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. b. CSC Memorandum Circular No. 19, s. 1992, provides among others: empowers the Local Sanggunian to create offices, determine priority needs for positions in created offices and fix qualification standards of positions to be created. c. DBM Manual on Position Classification and Compensation Scheme in LGUs, Chapter 9 d. LBC No. 61, s.1996 - Revised Index of Occupational Services, Position Titles and Salary Grade (IOS) in the Local Government, DBM e. LBC No. 53, s. 1993 – Guidelines on Compensation and Position Classification in the Local Government Units, DBM f. Republic Act No. 6758 – “Compensation and Position Classification Act of 1989” g. Civil Service Commission, 1997 Qualification Standards Manual The position created, which is the Municipal Government Department Head I, can be found in the Civil Service Commission Manual on Qualification Standards, DBM Manual on Position Classification and Compensation Scheme in LGUs, Policies on Position Classification in the Local Government and Index of Occupational Services, Position Titles and Salary Grade. NO law precludes the Sanggunian Bayan to choose the best fit and applicable title of position it is creating. WHEN WE ENACTED THE SAID ORDINANCE WHICH IS NOW THE SUBJECT OF EXECUTIVE VETO, WE ENSURED THAT NO LAWS NOR ANY GOVERNMENT POLICIES AND ESTABLISHED RULES WERE INFRINGED. 1. a. The good mayor further averred that the experience, training and other requirements set in the subject ordinance limits the possible applicants to the position and appears to be tailored fit to an identified close ally of the primary author of the ordinance. He stressed that the intention of creating a position must always be for the welfare of the general public and not to serve a chosen few. Again, the mayor did see the hole but not the whole. It was admitted by the Mayor in his own veto message that the local government is authorized to prescribe higher standards for the positions created. Why is he then criticizing our pre-set standards on training, experience and other requirements that are higher than the minimum standards set by the civil service commission and other pertinent agencies? What was his basis in saying that the pre-set standards limit the possible applicants to the position as it appear to be tailored-fit to an identified close ally of the primary author of the ordinance? Was the good mayor able to see the qualifications and credentials of all professionals in Los Banos to warrant him to make such an allegation? His perspective of possible applicants seems to be so narrow that he forgot that the possible applicants for a position created shall come from qualified residents of our beloved Los Baños and not only from the personnel of the municipal government alone. Our laws have perfectly amplified that positions to be filled-up must be open to all that is why vacant positions marked for filling are published and posted in conspicuous places for at least fifteen (15) calendar days. Contrary to the Mayor Perez’ statement that the standards and other requirements set by the authors of the ordinance appear to be tailored-fit to an identified close ally of the primary author, the ordinance just wanted to bring in to the fold of public service an employee whose caliber and competency is above par. This will strengthen the organizations core unit that will ensure the continuous development, upgrading and enhancement of both its professional and labor benches. 1.b. Contrary to Mayor Perez’ comments that the intention of creating a position must always be for the welfare of the general public and not to serve a chosen few. Any positions to be created cannot and will never be for the general public because of the Qualification Standards set by Civil Service Commission and other pertinent statutes that must be met. There is equal employment opportunity for men and women at all levels of position, provided they meet the requirements of the position to be filled. And selection of employees for appointment in the government service is open to all qualified men and women according to the principle of merit and fitness. The creation of Municipal Government Department Head I, being a department head position, cannot be created, in any way for the general public. It is only for those who meet the prescribed requirements of the position. That is why, those who did not meet the set requirements, who belong to the general public, cannot be considered for appointment in this position. 2. Contrary to the Mayor’s assertion that the ordinance is incomplete and insufficient when it failed to provide the duties and functions of the created position which is the Human Resource Management Assistant, the ordinance so provides that : “Section 4, Municipal Ordinance 2013-1257, the function and duties of the HRM Assistant shall be determined by the Municipal Government Department Head I.” Such a constrictive interpretation of law. How can that be a fatal defect when, again, it is so explicit in Section 447, which provides for the powers and duties of the Sanggunian, to wit: (a)(I)(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. Nowhere in the above provision of the local government code where you can find compelling directive to the Sanggunian Bayan to determine the duties and functions of a created positioned that in failing to do would amount to its fatality. When the law says that the functions and duties of HRM Assistant shall be determined by the Municipal Government Department Head I, it is deemed complete. Most, if not all, of our national laws contain provisions for the establishment of Implementing Rules and Regulations, delegated to the executive branch of the government, to elucidate further on what are not written in the law. I can’t help but wonder what were the bases of our Honorable Mayor when, on several occasions, he had arrogated upon himself the creation of positions, a power vested SOLELY upon the Sanggunian of a given local government unit. I would like to give examples: • In 2005, sans (without) an ordinance creating such position, Mayor Perez included in his proposed budget for year 2006, under the Personnel Schedule, the position of Engineer II (Electrical Engineer), with Salary Grade 16; • In 2004, sans (without) an ordinance creating such position, Mayor Perez included in his proposed budget for year 2005, under Personnel Schedule, the position of Homesite and Housing Regulation Officer I (Contractual) There, the functions, duties and responsibilities, as well as requirements of the above inserted positions for qualifications, training and educations were not stated. The Mayor, it seems, has a penchant in the practice of circumvention of laws. And when things do not go according to his designs, he will exploit all possible legal restrictions to block a passage of a well-meaning and sound local law. 3. The third reason why Mayor Perez vetoed Ordinance No. 2013-1257 is stated below. He said: “It must be bourne in mind that the power of the legislative body is to enact ordinances for approval of the local chief executive. Section 55 and 56 of the Local Government Code defines the power of the Chief Executive to veto ordinances enacted by the Sangguniang Bayan. Hence, it is incorrect and implausible to state a copy of the enacted ordinance shall be furnished to Mayor for information purposes only. It runs contrary to the mandate of Republic Act 7160. It is asked from the august body to recognized and respect the authority of the undersigned in the same way that it is accorded to each and every one of you.” The above statement is a good example of a mountain made out of a mole hill. The document bearing Ordinance No. 2013-1257 submitted to the Office of the Mayor has a space provided for the signature of approval of the Chief Executive. It is very clear. Why the Mayor did not see that is ambiguous to this humble representation. My dear colleagues in this august body, I am now asking you to set a neutral mind on this matter. Setting aside political and personal differences, I ask you to discern, whether or not this ordinance, crafted to lay the foundation of building a competent organization that will perform the enabling functions of a local government unit, is ultra vires and against the general welfare of our community. AFTER READING THIS RESPONSE TO VETO MESSAGE, I ASK YOU: WILL WE OVERRIDE THIS VETO WHICH SITS ON A HALLOW GROUND FOR BEING BASELESS, UNJUSTIFIED AND TO A CERTAIN EXTENT, WHIMSICAL AND TRIVIAL. I leave the fate of this intra vires (within the powers/valid) ordinance to your good judgment, my esteemed colleagues. Sincerely yours, NORVIN L. TAMISIN, MBA,SIGNED Municipal Councilor cc: Office of the Mayor Office of the Vice Mayor MLGOO Sangguniang Panlalawigan
Posted on: Tue, 15 Oct 2013 10:27:00 +0000
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