Pursuant to Resolution No. 94-7153 dated December 29, 1994, Section 6 (9), Rule III (Additional Requirements in Specific Cases) of the Omnibus Rules Guidelines on Appointments and Other Personnel Actions, CSC Memorandum Circular No. 38, Series of 1993 is hereby amended to read as follows:

6. LGU Appointments

"Appointments in local government units for submission to the CSC Office must be accompanied, in addition to the common requirements, by the following documents:

(a) Certification by the proper appointing authority "that" such appointment is issued in accordance with the limitations provided for under Section 325, RA 7160.

This Memorandum Circular shall take effect immediately.

Adopted: 29 Dec. 1994

(SGD.) PATRICIA A. STO. TOMAS
Commissioner

Resolution No. 94-7153

WHEREAS, the Commission is empowered to prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws;

WHEREAS, by virtue of Section 456, Paragraph (a), Sub-paragraph (2) of Republic Act No. 7160 (The New Local Government Code), subject to civil service law, rules and regulations, the City Vice-Mayor is empowered to appoint all officials and employees of the Sangguniang Panlungsod, including the Sangguniang Panlungsod Secretary, except those whose manner of appointment is specifically provided in the Code;

WHEREAS, CSC Resolution No. 93-839 was upheld by the Supreme Court in its En Banc Resolution dated August 3, 1993 in G.R. 110325 (Mayor Benjamin F. Arao et. al. vs. Civil Service Commission), where the Commission ruled that the proper appointing authority insofar as the position of Secretary of the Saggunian concerned is the City-Vice Mayor;

WHEREAS, in Section 6 (a), Rule III (Additional Requirements in Specific Cases), CSC Memorandum Circular No. 38, s. 1993, appointment in local government units for submission to the CSC Office must be accompanied, in addition to the common requirements, by a Certification of the local chief executive that such appointment is issued in accordance with the limitations provided for under Section 325 of RA 7160.

WHEREAS, there is a need to clarify that for appointment issued by the Vice-Mayor, the certification that must accompany the same shall be signed by the Vice Mayor and not the Local Chief Executive.

WHEREFORE, foregoing premises considered, the Commission hereby resolves to amend Section 6 (a), Rule III, CSC Memorandum Circular No. 38, s. 1993, to read as follows:

"LGU Appointments

Appointment in local government units for submission to the CSC Office must be accompanied, in addition to the common requirements, by the following documents:

(a) Certification by the proper appointing authority that such appointment is issued in accordance with the limitations provided for under Section 325, RA 7160."

Adopted: 29 Dec. 1994

(SGD.) PATRICIA A. STO. TOMAS
Chairman

(SGD.) RAMON P. ERENETA, JR.
Commissioner

(SGD.) THELMA P. GAMINDE
Commissioner