NACAYTUNA, Marydole L.
Re: Appointment; Non-Concurrence
      by the Sangguniang Bayan
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RESOLUTION NO. 000929

 

            Mayor Santos L. Nacaytuna of San Miguel, Surigao del Sur, requests the Commission to act (particularly to approve) on the appointment of Dr. Marydole L. Nacaytuna as Rural Health Physician of said municipality despite the non-concurrence thereto by the Sangguniang Bayan of San Miguel.

            Mayor Nacaytuna anchors his request on the following reasons:

"1. That there's an urgent need to appoint a Physician because our municipality is one of the pilot municipality of the Womens' Health and Safe Motherhood Program which has been started already as certified by the Provincial Health Officer;

"2. That we have a total population of 29,012 in (sic) which 65% of these (sic) are indigent and could hardly afford to go to private physician for medical treatment;

"3. That the allegation of the Sangguniang Bayan for not concurring are all alibis and politically motivated thereby depriving the populace of this municipality to avail the most needed health services;

"4. That the health services is one of the basic services being devolved to Local Government Unit;

"5. That the position of the Rural Health Physician is a devolved position;

"6. That there is no other applicant to the said position;

"7. That my intention to appoint my wife as the Rural Health Physician s not for my own benefit but to serve the needy people specially those in the hard to reach barangay;

"8. That we have no reason why I will not appoint her because she meet the minimum requirement of the said position;

"9. That being the chief executive of the town, I am duty bound to provide the population of San Miguel specially the indigent to deliver the basic services effectively and efficiently;

"10. That without a Physician the health services will not be effectively and efficiently deliver to the people and would mean loss of quality health services & long term health impact to the people of San Miguel."

            The records disclose that on November 17, 1999, Mayor Nacaytuna appointed his wife, Dr. Marydole L. Nacaytuna, as Rural Health Physician. On November 18, 1999, said appointment was submitted to the Sangguniang Bayan of San Miguel for its concurrence. Unfortunately, however, in its Resolution No. 379, s. 1999, the Sangguniang Bayan informed Mayor Nacaytuna that it is denying its concurrence to the appointment of Dr. Nacaytuna. Said Resolution reads, in part, as follows:

            "RESOLVED, AS IT IS HEREBY RESOLVED: To inform the Municipal Mayor of the non-concurrence of (sic) the Sangguniang Bayan on the appointment of Dr. Marydole Nacaytuna as Rural Health Officer for reasons as stated above."

            Hence, the instant request.

            Relevant to the present case is Section 443 (d) of the Local Government Code of 1991 which provides that:

            "SEC. 443. Officials of the Municipal Government.

x x x

            "(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"

            It is explicit from the aforequoted provision of law that the appointments of heads of departments and offices in a Local Government Unit must be submitted to the Sangguniang Bayan for its confirmation. And the Sangguniang Bayan is mandated by law to act on said appointment within fifteen (15) days from receipt thereof, otherwise, the same shall be deemed confirmed. The Sangguniang Bayan is conferred with a wide latitude of discretion on whether to confirm or deny its concurrence on a particular appointment submitted to it.

            The submission of said appointment to the Sangguniang Bayan is mandatory, it being a part of the appointing process. This statutory requirement cannot be dispensed with, much less, ignored. For the non-observance of this requirement will render the appointment incomplete, hence, inefficacious (CSC Resolution No. 96-8280 dated December 23, 1996) .

            It is to be stressed, however, that not all appointments issued in the local government units are to be submitted to the Sangguniang concerned for its concurrence. What is rather explicit under the abovequoted provision of the Local Government Code of 1991 is that only the appointments of the heads of departments and offices are to be submitted to the Sanggunian for its confirmation.

            In the present case, the records show that Dr. Nacaytuna was issued an appointment as Rural Health Physician, which, under the Local Government Code of 1991, is not considered a department head. Under Section 478 of the said Code, the one referred to as a department head is the position of Municipal Health Officer. This being the case, the confirmation or concurrence by the Sangguniang Bayan of said appointment is not necessary. Hence, Resolution No. 379, s. 1999 of the Sangguniang Bayan of San Miguel has no effect on the validity and efficacy of the appointment of Dr. Nacaytuna. Thus, the appointment of Dr. Nacaytuna as Rural Health Physician can now be submitted to the Commission for approval.

            WHEREFORE, the request of Mayor Santos L. Nacaytuna is hereby granted. Accordingly, the appointment of Dr. Marydole L. Nacaytuna as Rural Health Physician is approved. The Civil Service Commission Caraga Regional Office is directed to reflect this Resolution in its records.

Quezon City, APR 0 6 2000




  (SGD.)
CORAZON ALMA G. DE LEON
Chairman


(SGD.)
JOSE F. ERESTAIN, JR.
Commissioner
 
  Attested by:


(SGD.)
ARIEL G. RONQUILLO
Director III


JJC/FPG/MVM/S13/#6/vog
nacaytu
NDC 00-0113