Memorandum Circular No. 80-

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ Memorandum Circular No. 80-6,May 2, 1986 ]

MEMORANDUM CIRCULAR ON THE “EXTENT OF AUTHORITY OF OFFICERS-IN-CHARGE OF PROVINCES, CITIES AND MUNICIPALITIES AND FOR OTHER PURPOSES , MINISTRY OF LOCAL GOVERNMENT, MAY 2, 1986

TO                   : ALL OFFICERS-IN-CHARGE AND OTHERS CONCERNED

SUBJECT          : EXTENT OF AUTHORITY OF OFFICERS-IN-CHARGE OF PROVINCES, CITIESAND MUNICIPALITIES AND FOR OTHER PURPOSES

Invoking the provisions of Article III, Section 2, of the Provisional Constitution promulgated under Proclamation No. 3, dated March 25, 1986, by the President of the Philippines, the Resolution of the Supreme Court en banc in the cases of Topacio vs. Pimentel (G.R. 73770), Velasco vs. Pimentel (g.R. 73811), the Governors of the Philippines (G.R. 73823), the Municipal Mayors’ League of the Philippines vs. Pimentel (G.R. 73940), and the Solis vs. Pimentel, et. al. (G.R. 73790) resolved that the power of the Minister of Local Government, being an alter ego of the President of the Philippines, includes the power to appoint or designate Officers-In-Charge.

The same Resolution of the Supreme Court of the Philippines further contemplates that an Office-In-Charge is a “specie of successor” and upon his designation or appointment and qualification to the position shall be entitled to assume the office of the incumbent in the likeness or appearance of a successor. Therefore, Officers-In-Charge duly appointed or designated as such by the Minister of Local Government are empowered and may exercise all the duties and powers as provided for in Section 141 for municipal mayors, Section 171 for city mayors and Section 203 for Provincial governors, all of the Local Government Code, including those provided under existing applicable laws.

Further, the Officers-In-Charge are enjoined to observe the following guidelines in exercising their authority:

1.      Without prior clearance from the Minister:

a.      Termination of the services of casual, contractual and temporary employees – This includes termination of employees whose positions are deemed co-terminus with the term of office of the appointing authority, such as private secretary, civil security officer, and other personal staff of the local chief executive;

b.      Extension of renewal appointments of temporary employees if public interest so demands;

c.       Filing of vacant teaching and health-related positions fully paid out of local funds provided said positions are in the approved local Position Classification and Pay Plans; and

d.      Abolition of unnecessary vacant positions with the approval of the Sanggunian.1aшphi1

2.      With prior clearance from the Ministry:

a.      Local government reorganizations;

b.      Filing-up of vacant positions; and

c.       Incurrence of new capital outlay expenditures or entering into new negotiated contracts.

3.      All Officers-In-Charge are further directed to refrain from :

a.      Indiscriminate removal of permanent employees without due process of law;

b.      Detail of personnel to other offices without their consent; in case there is consent, such detail shall not exceed six months;

c.       Reduction and/or withholding of salaries of employees in violation of existing laws, rules and regulations or demotion of employees without just cause;

d.      Abolition of mandatory offices and positions with actual incumbents; and

e.      Extending appointments to members to the Sanggunian of the municipalities, cities and provinces.

Local officials and employees separated from the service including those who opted for retirement are entitled to such benefits as provided for under existing laws. Payments of such retirement and separation benefits shall take precedence over all other obligations of the local government concerned except those statutory and contractual obligations.

Existing circular and policies governing local salary administration should be strictly observed by all concerned.

Guidelines and policies with respect to local budgeting and local treasury administration are those issued by the Office of Budget and Management and Ministry of Finance, respectively.

Careful study and analysis of the adverse implications of resorting to any of the above prohibitions should be part of the continuing review process of all Officers-In-Charge once they have assumed the administration of the local governments under their jurisdictions.

All concerned are hereby enjoined to comply strictly with this Memorandum Circular.

AQUILINO Q. PIMENTEL, JR.
Minister

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