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POWER OF THE LOCAL CHIEF EXECUTIVE IN GENERAL

According to Section 455 of the Local Government Code, the city mayor, as the local chief
executive have the following powers in general:

1) Exercise general supervision and control over all programs, projects, services, and
activities of the city government;
2) Enforce all laws and ordinances relative to the governance of the city and in the exercise
of the appropriate corporate powers provided for under Section 22 of this Code,
implement all approved policies, programs, projects, services and activities;
3) Initiate and maximize the generation of resources and revenues, and apply the same to
the implementation of development plans, program objectives and priorities as provided
for under Section 18 of this Code;
4) Ensure the delivery of basic services and the provision of adequate facilities as provided
for under Section 17 of this Code;
5) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.

OVER ALL PERSONNEL ACTION

Under Sec. 77 of the Local Government Code, “the chief executive of every local
government unit shall be responsible for human resources and development in his unit and shall
take all personnel actions in accordance with the Constitutional provisions on civil service,
pertinent laws, and rules and regulations thereon, including such policies, guidelines and
standards as the Civil Service Commission may establish. The local chief executive may employ
emergency or casual employees or laborers paid on a daily wage or piecework basis and hired
through job orders for local projects authorized by the sanggunian concerned, without need of
approval or attestation by the Civil Service Commission: Provided, further, That the period of
employment of emergency or casual laborers as provided in this Section shall not exceed six (6)
months. 1”.

The responsibility for human resources and development falls upon the local chief
executive of their respective unit2.

The local chief executive, such as the City Mayor is vested by the Code with the power
to investigate administratively local government appointive officials and employees3

The Mayor, as the person saddled with the responsibility for “human resources and
development in his unit and to take personnel action relative thereto, has the power to
suspend preventively any subordinate official or employee being investigated administratively
under his authority4

1
Section 77, R.A. 7160
2
Pimentel, Aquilino P., LOCAL GOVERNMENT CODE REVISITED; 2007
3
Sec. 84, R.A. 7160
4
Pimentel, Aquilino P., LOCAL GOVERNMENT CODE REVISITED; 2007; See Section 85, R.A. 7160
The Mayor also has the power to delegate to chief division ministerial duties incumbent
upon the mayor as he may wish to delegate5.

The Mayor possesses the power of supervision and control over city employees under
the power of the City mayor to exercise general supervision and control over all programs,
projects, services, and activities of the city government 6. In lieu of this, supervision has been
defined as “overseeing of the power or authority of an officer to see that subordinate officers
perform their duties; control on the other hand, means the power of an officer to alter, modify
or nullify or set aside what a subordinate officer had done in the performance of his duties and
to substitute the judgment of the former for that of the latter."7 , “To supervise is to oversee, to
have oversight of, to superintend the execution of or the performance of a thing, or the
movements or work of a person, to inspect with authority; to inspect and direct the work of
others.”8 In lieu of the power of the Mayor to supervise personnel of the City, the Supreme
Court elaborated in Borres v. Canonoy that the “power of Mayor (of Cebu City), to detail must
necessarily be deemed included in his power of control and supervision over different
departments among which is the Police Department as expressly provided in Sections 19 and 32
of the Revised Charter of Cebu. If by the grant of the power of control and supervision the
Mayor can nullify or set aside what a subordinate had done in the performance of his duties, it
is evident that he can order the detail of private respondent to correct or prevent him from
committing any abuse in the performance of his duties; otherwise, Section 19 and 32 of the City
Charter granting him such powers would just be stale and meaningless provisions. The power to
detail may also be gleaned from the fact that Section 20 of the same charter provides that the
Mayor has the power to see to it that executive officers and employees are properly
discharging their respective duties9”.

In addition, the Mayor has the power to control over departments in the city. In Porras
v. Abellan, the Supreme Court held that the City Mayor is vested with the power of control over
the different departments of the City which includes the power to nullify or set aside what a
subordinate officer had done in the performance of his duties and to substitute his own
judgment for that of the subordinate as well as to order the transfer of the finance and supply
officer from his work in the office of the Chief of police and his assignment to the field 10

5
Francia v. Pecson, G.R. No. L-3779, [July 25, 1950], 87 PHIL 100-112
6
Sec. 455, R.A. 7160
7
Mondano vs. Silvosa, 97 Phil. 143
8
Rodriguez, et al. vs. Montinola, et al., 94 Phil. 964, 972
9
Borres v. Canonoy, G.R. No. L-31641, [October 23, 1981], 195 PHIL 81-94
10
Porras v. Abellana, G.R. No. L-12366, [July 24, 1959], 105 PHIL 1147-1151
LIMITATIONS:

The power of the local chief executive in personnel action is not without limitations.

In the organization of office structures and staffing patterns, the local chief executive
must be in “accordance with the Constitutional provisions on civil service, pertinent laws, and
rules and regulations thereon, including such policies, guidelines and standards as the Civil
Service Commission may establish11”.

Furthermore, the Local Government Code also delineated the power of the local chief
executive over the personnel development.

“Section 78. Civil Service Law, Rules and Regulations, and Other Related Issuances. - All
matters pertinent to human resources and development in local government units shall be
governed by the civil service law and such rules and regulations and other issuances
promulgated pursuant thereto, unless otherwise specified in this Code.

Section 79. Limitation to Appointments. - No person shall be appointed in the career


service of the local government if he is related within the fourth civil degree of consanguinity or
affinity to the appointing or recommending authority”

The Civil Service Law and its Implementing Rules and Regulation continue to protect the
civil servant even if he and his office may be devolved to an LGU.12 However, even if the CSC is
vested with the power to ensure compliance with civil service requirements, it does not have
the power to appoint LGU employees or to substitute its choice of employees for those
appointed by the local chief executive.13

As to the power of the local chief executive to delegate, the Supreme Court has held in
In re Carmelo v. Ramos14 The delegation by the mayor of Manila of the power to investigate
city officials and employees appointed by him does not imply a delegation of the power to take
testimony or evidence of witnesses whose appearance may be required by the compulsory
process of subpoena.

In Francia v. Pecson15, the Court held that even if assuming that the creation in an
appropriation ordinance of a division of investigation in the office of the mayor is valid, the
mayor cannot confer upon the chief of said division any power which the charter of the City of
Manila expressly vests in some other specified officer. For instance, the mayor cannot
divest the city fiscal of any portion of the powers and duties expressly vested by law in said
officer and confer it on one of his subordinates. The point is that the respondent Subido cannot
exercise the powers and prerogatives expressly vested by law in the city fiscal.

11
Section 77, R.A. 7160
12
Pimentel, Aquilino P., LOCAL GOVERNMENT CODE REVISITED; 2007
13
Ibid.
14
In re Carmelo v. Ramos, G.R. No. L-17778, [November 30, 1962], 116 PHIL 1152-1157
15
Francia v. Pecson, G.R. No. L-3779, [July 25, 1950], 87 PHIL 100-112
Hence, the power of the Mayor to delegate to a deputy or a subordinate ministerial
powers must not exceed the express and implied powers of the Mayor as provided by the law.