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Office of the Sangguniang Panlungsod

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Office of the Sangguniang Panlungsod Republic of the Philippines CITY OF SANTA ROSA Province of Laguna OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE 30TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF CITY OF SANTA ROSA, LAGUNA HELD ON TUESDAY, JULY 28, 2015 AT THE SANGGUNIANG PANLUNGSOD SESSION HALL. Presents: 1. Hon. ARNEL DC. GOMEZ - Vice-Mayor, Presiding Officer 2. Hon. MA. THERESA C. AALA - SP Member 3. Hon. LUISITO B. ALGABRE - SP Member 4. Hon. MYTHOR C. CENDANA - SP Member 5. Hon. ERIC T. PUZON - SP Member 6. Hon. ANTONIA T. LASERNA - SP Member 7. Hon. PAULINO Y. CAMACLANG, JR. - SP Member 8. Hon. PETRONIO C. FACTORIZA - SP Member 9. Hon. RAYMOND RYAN F. CARVAJAL - SP Member 10. Hon. LAUDEMER A. CARTA - SP Member 11. Hon. EDWARD FERNANDITO S. TIONGCO - SP Member Absent: 1. Hon. RODRIGO B. MALAPITAN - SP Member, ABC President ******************** RESOLUTION NO. 163-2015 (Motioned by SP Mem. Aala, as Chairman of the COMMITIEE ON INFRASTRUCTURE, and unanimously seconded by All Members) A RESOLUTION AUTHORIZING CITY VICE-MAYOR ARNEL DC. GOMEZ TO TAKE ALL THE NECESSARY ACTIONS, IN THE PERFORMANCE OF THE LEGISLATIVE FUNCTION, AND TO ASSERT THE RIGHTS OF THE SANGGUNIANG PANLUNGSOD AND THE RESIDENTS OF THE CITY OF SANTA ROSA, ON MATTERS CONCERNING ISSUES ON THE ON-GOING/UNFINISHED PROJECT-CONSTRUCTION OF THE SANTA ROSA SPORTS COMPLEX. WHEREAS, for the last several months and as early as May, 2015, the Sangguniang Panlungsod, through resolutions and letters from the Committee on Infrastructure have been requesting the City Engineer, through the City Mayor, information and documents pertaining to the on-going City Infrastructure Project - Construction of City Sports Complex; WHEREAS, the requests were made due to the delay of the completion of the project that was supposed to be completed according to the contract period or on September, 2014, was given an extension of contract up to May 15, 2015 but as of the present the same is not yet completed; WHEREAS, the Sangguniang Panlungsod, in aid of legislation and pursuant to its oversight function, requires information and documents to review, assess and ascertain the legality of unfinished project and firmly believes that its requests are legal and valid, as it is the duty of the Chief Executive to furnish the necessary information and data to the sanggunian as may be requested by the latter, as cited DILG Opinion 77, S-2007 and citing Section 465 [b] [1] [iv], RA No. 7160 of the Code reads: "The Qty Mayor shall xxxxx as often as may be necessary, provide such information and data needed and requested by said sanggunian in the performance of its legislative functions. " WHEREAS, while all the recent request of the Sangguniang panlungsod were ignored and no action were made on the part of the Executive Branch as of this date; NOW, therefore, on a motion of the Committee on Infrastructure and unanimously seconded, it is: 5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049)530-0015 Local 5100-5104 11Serbisyong Makatao, Lungsod na Makabago" Republic of the Philippines CITY OF SANTA ROSA Province of Laguna OFFICE OF fflE SANGGUNIANG PANLUNGSOD Page 2 - Resolution No. 163-2015 HEREBY RESOLVED, as it is hereby RESOLVED to authorize City Vice-Mayor Amel DC. Gomez to take all the necessary actions, in the performance of the legislative function, and to assert the rights of the Sangguniang Panlungsod and the residents of the City of Santa Rosa, on matters concerning issues on the on-going/ unfinished project-construction of the Santa Rosa Sports Complex. UNANIMOUSLY APPROVED. CERTIFICATION: I hereby certify to the correctness of the above quoted resolution. J CYNTHJ M. GOMEZ Secretary to t~e Sang. Panlungsod SP -Member ~ "ember , LAUDEMSPtbe, Er~IT~S.TIl SPMeT, Attested: ARNEL D?.JoMEZ City Vice-Mayor & Presiding Officer 5/F Cfty Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049)530-0015 Local 5100-5104 userbisyong Maka'tao, Lungsod na Makabago" "· ., ,J~f?~:,f ;t(('. ~;\· }·,)/:c ·:~~1'~, / i .G·~-t-~ 4 Republic ·or the PhJllpp: DePARTMBl'iT OF me INTERIOR Arif) LO GOWRNM.eNT · -l'nmclsoo O~lci Coridombdum II, EDSA Dillman, Quezon Cl · OFFICE .OF THE -lill, OJ'l~l(IN l-{0 ..,.1!..s, al'll1!. •. 04 Sept.ember 2007 . VICE Mi\VOR JOSE i\NTONIO '.S. VELOSO Tagbilarmi>aty, · ., · .. ... Dear Vl~Mayor Vdose>: · . 'lhfs ~!b!fns to yqur lelrei ~ q · · ·~JopllllQII .w;u, regard to '5l=r~~i~t:ml!-urt,~th!=. · In rep]y ~~rei<>, may .I respecUul]y · Invite !you, a~entton to the · followmg :provfsions ()~ tge ·Local Oovermiient • d~ qf l 9Ql RA 7.160): . ·. ~S~ction 455. The Chief Ex, ·Powers, _Duties .and (:pnipensatlon~- pcx · (b) xxx, the City Mayor s XXX XXX .· .· (r,J . Appoint aiJ offtcialJi . d e~· it>yees whose sa~a~s ci.n(l ~g~s are. wht,lty· Oi . ,,uif . ly pai4. out of ;:.~~~die,~'{! ~:.:~~:r:~=~l -;~,~~::\:t':ir;-•:: .authorized ~Y law to.appoint." .· .' 'Se<;tion . 45.(i, , T~e . Pp,u,ers,I. ,,lhities and ~mpe~~afion.-~. (a} The City Vice *-#yor ,hall: XXX XXX· (2} . · ~bje.ct · to c.izti.l · se~ce , . , -rules:. an(l ~~.lat:(r,n:s, .appoint a.ll "offtcici(s_. .i,d e . ._. loyees .of the . ~CU.t"Qpniang_:. p~nlu1',sod,.· ~cept. ~o~e ...J1~se. _. manner o/0appointment is specifically .pro . de.d i . this.Cptfe." :In the case of:Atienza-~. ~)lwn,a (O.~. N.o'. 1161()61; 10 May 2005), the Supreme.Court ruled that: · .·· · -~T.hus, w1dle the · GovemQrl ·has ·~he authority to appoint o/flciats andentployees.¥'hosejsal~nes are paid 'J I E. .:....,~ . .- .J/JJJ) '//-, If!;; tj·4d.l · -- ~ .f- 3 /·~ )-\)IS_. ,. _.. _ ;. - ···--- .. r - 2 - out of.the provincial. funds, this n "t extend to the o/ftct.als · and · einployees of . the · Sangguniang Pan~lawigan because such autho; ty is lodged· with the Vice Governor. · In the same man .er, t · · authority to app6ifit. casual Job order empioye, of t e Sangguniang · · Panlatawtg·an belongs_to the Vice- to ·appoint the officials · and ·employ,es of -Sangguniang Panlala~gan is. anchored ·on the fl ct th t the scdarles of these-· · -employees are derf,ved . th. cq,proprlation specificaily for the saui' l~l {e . · lati . body, Indeed, the ~dget source of their . s~da es · is what · sets the employe_es .. · an~ . officials of the ·. Sangguniang . · Panlaiawigan apart· from the ther employees and officiais of t~e · province. ~ccord ngly, . the appointing power of the Vic.e-Govemor is liini d. to hose employees of the $anggu,ntcing P!!tdalawfg~n, . s we las. those of the office of th~ .Vice~Goi,emor, wh_ose s larie are pai~ out of . the jiin.ds appropriated for the ·sangguniang Panlalt:twigara. ~s . a ce>rolla,:y, . t salary of. an empl~yee or o/ftcial is .charged . _.t.lJ_e . provincial fun~, -~~.n -ifi.thjs •mployee. repo to. t e_V:ice-(;ovemor . or" a~igned- ie>. his office~.· ~he .. _or ·,:'.etains the authbrity #>: · appoint. the . s.ai lo11e.e_ pursuant toSection 46S(b)(v) of ReJJublic Act o. • · · Coroµary thereto, SectJon 77 of th~ _that: . ·· "Section 77. · Respon,,t.bility /qr_ Ifuma'!- ·Resource and D,we.lopment.- The · chief. cuti pf Jillery local government . unit shall be re O • le . for . human resou~s and·de~lopmenf ht· his . nit·a d shal.l take all personnel actions frt accordance:· th t Constitutional .pro~o~~ on dvil.servi.ce,_pertin~ t la ,- on~ roles and r.egul~tf..ons -. fhereon, .•inclu4ing .su 1t po ic:i~s, guidelines and. ·. ~f!dar,d- ·as .f!te Civil, .se. .· ce . ommtssion may establis~:. Pr~vided, T~t the 1,oc . l .chi . ~e~tive may employ. ¢nierge1',cy as ccisual.e~ :Yees ·· or. ialioi'ers p(;tid ori a dcitiy µ,age or pi~ce,µqrk basi . and ired through job,: . orders.for .local projects autho . d by .the sanggunian concemed, iu_i.thoi!,t ~eed of appf'O . .tor . ttestation by the Civil $e.rvfce . Commtssfon: · Pro · · d, · rthe.r, That the : .period of employ#tent of emer.genc . or c· al laborers as provided in this;Section shall not . 'ee.d six (6) mo~ths. • 1be Vlce-Oovemor L, the appotntJng · wider the plantma· ·of .the :sanggunlan. · He, .,. < . <ti" .·, ? . a ,, c. -3- authority for · casual employees whose derived from the . · appropriations specifically for the operatlom~ legislative body. The Governor, on the .other hand, ·=e ap ,fntlng authority of all other casual employees outside the appo nting .uthorlty. of the Vlce­ Governor. This Is true.ev~n if the casual loyee are, In the meantime, ~lgned "at· the· Sanggunlan but whose not ·derived from the appropriations for ·the operations -of the Sari1 Hence, ~cept for casual employ und, Sanggunlang Panlungsod, whose appointment Is cl vested unto the Vice Mayor, and-those casual employees as con · plat d under Section 77 of the Local Cloveminent ·Code , whose appoin ent is clearly vested unto the Mayor, the ~ppolntlng authority of the other d of ual employees In the city government Is determined through ·the o thelr salaries such that · if the so~e Is from the Sanggunlan Panlun d o rational fund, then the Vice Mayor·appoints ; otherwise it is the Mayor, · . With regard to your query as to the · ac~ons available to the Sanggunlang· Panlungsod on the Departm t H ~ who refuse to att~d tnvttatlon of the Sanggunian .ni~rs to mm1 . meetings, please be . Informed that · the San~g Panlun . ot impose · disciplinary sanctions ov¢r the Department heads cons erlng that the sald power .is lodged wttit the.
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