CSC Opinion on the Role of the Secretary of Finance on Secondment of Local Treasurers and Assistant Treasurers

January 9, 2017 BLGF MEMORANDUM CIRCULAR NO. 01-003-17 TO : All BLGF Central and Regional Officials; All Provincial, City and Municipal Treasurers and Assistant Treasurers; Others Concerned SUBJECT : CSC Opinion on the Role of the Secretary of Finance on Secondment of Local Treasurers and Assistant Treasurers For the information and guidance of all concerned, the Civil Service Commission (CSC) issued to this Bureau the CSC-OLA Opinion No. O-2016-09053 dated 7 November 2016, hereto attached, relative to the role of the Secretary of Finance in case of secondment of local treasurers and assistant treasurers. Pertinent portion of said Opinion states: " Based on the above-quoted provision, it is explicitly provided that an office order shall be issued by the duly authorized official to the seconded employee. The provision of Section 6, MC No. 15, s. 1999 should be read in relation to Section 470 (a) of the Local Government Code of 1999, such that an office order shall be issued by the appointing authority or his duly authorized representative in favour of the seconded employee considering that Secondment is a personnel action ." (emphasis supplied) Prescinding from the said Opinion, the approval of the Secretary of Finance or his duly authorized representative is required before a secondment agreement involving a local treasurer and or assistant treasurer can become valid and effective. Thus, all secondment agreements shall be forwarded to the Central Office for evaluation and approval of the Secretary or his duly authorized representative. The BLGF Regional Directors are hereby instructed to widely and immediately disseminate this Circular to all concerned. Please be guided accordingly. (SGD.) NIO RAYMOND B. ALVINA OIC Executive Director ATTACHMENT CIVIL SERVICE COMMISSION ALVINA, Nio Raymond B. Re: Secondment (MC No. 15, s. 1999) (Query) ( O-2016-09053 ) November 7, 2016 Nio Raymond B. Alvina OIC Executive Director Bureau of Local Government Finance Department of Finance 8th Floor EDPC Building, BSP Complex Roxas Blvd., 1004 Manila Dear Executive Director Alvina : This refers to your Letter dated August 25, 2016 seeking clarification on the role of the Secretary of Department of Finance (DOF) on Secondment pursuant to MC No. 15, s. 1999 in relation to Section 470 of the Local Government Code of 1991 (R.A. No. 7160). Part of your letter reads: " This has reference to Secondment Agreements entered into between Local Chief Executives of Local Government Units pursuant to Section 6, Rule III of the Civil Service Commission Memorandum Circular No. 40, Series of 1998 as amended by Memorandum Circular No. 15. Series of 1991 (sic) with local treasurers as seconded employees . This Office respectfully requests clarification on the role of the Secretary of Finance on these agreements considering that local treasurers and their assistants are appointed by the Secretary of Finance under Section 470 1 of the Local Government Code of 1991 (R.A. 7160), although salaries of said treasurers are paid out of local funds, said positions being plantilla positions in the local government units ." Please be informed that as a matter of policy, the Commission refrains from rendering an opinion on matters that may be brought before it in the future by way of a complaint or an appeal. However, your attention is invited to the pertinent provisions of Section 6, Memorandum Circular No. 15, s. 1999 dated August 27, 1999 which provides, thus: " Section 6. Other Personnel Movements . The following personnel movements which will not require issuance of an appointment shall nevertheless require an office order issued by a duly authorized official or body (in case of collegial body): c. Secondment movement of an employee from one department or agency to another which is temporary in nature and which may or may not require the issuance of an appointment which may either involve increase in compensation and benefits ." Based on the above-quoted provision, it is explicitly provided that an office order shall be issued by the duly authorized official to the seconded employee. The provision of Section 6, MC No. 15, s. 1999 should be read in relation to Section 470 (a) 2 of the Local Government Code of 1991, such that an office order shall be issued by the appointing authority or his duly authorized representative in favour of the seconded employee considering that Secondment is a personnel action. We hope we have enlightened you on the matter. Very truly yours, (Signed by representative) ATTY. ARIEL G. RONQUILLO Assistant Commissioner Office for Legal Affairs Footnotes 1. Section 470. Appointment, Qualification, Powers, and Duties. The treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations. 2. Ibid.