In a joint-order released by the Office of the Ombudsman Visayas dated January 23, 2023, Calape mayor Julius Caesar Herrera is ordered to submit his reply-affidavit after the anti-graft prosecutor finds enough bases to proceed with its preliminary investigation on alleged violation of the Local Government Code.
The Ombudsman will start its investigation of Herrera regarding the charges of gross misconduct and violation of RA 7160 or the Local Government Code filed before the said office.
The joint-order was signed by Philip C. Camiguing, the Acting Director of Preliminary Investigation Administrative Adjudication and Prosecution Bureau- D of the Office of the Ombudsman Visayas.
BACKGROUND
The complaint stemmed from the alleged hiring of Contract of Service (COS) employees by Mayor Herrera without prior authority from the Sangguniang Bayan of Calape.
As indicated in the complaint letter, Mayor Herrera allegedly entered into a Contract of Service agreement with a certain Gerardo Cuadrasal Jr., where the latter was tasked to perform the functions of Municipal Administrator. The terms of the contract indicate that the service will be rendered from July 1, 2022- December 31, 2022.
The Calape mayor also allegedly hired additional 40 individuals as COS employees with various designations and functions.
However, Mayor Herrera allegedly did not ask nor submit any request to the Sangguniang Bayan of Calape for an authorization to sign and enter into contract of service to hire personnel for the local government unit.
LEGAL BASES
The Local Government Code clearly states under Section 22 (c) that “Unless otherwise provided in this Code, no contract may be entered into by the local chief executive in behalf of the local government unit without prior authorization by the sanggunian concerned. A legible copy of such contract shall be posted at a conspicuous place in the provincial capitol or the city, municipal or barangay hall.”
Furthermore, Section 77 of the same code provides, “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: Provided, That 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.”
Lastly, the law on the matter of the power of the local chief executive to enter into contracts is clear under Section 444 (b) (1) (vi) of the same code that states, “(b) For efficient, effective and economical governance the purpose of which is the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall: (vi) Upon authorization by the sangguniang bayan, represent the municipality in all its business transactions and sign on its behalf all bonds, contracts, and obligations, and such other documents made pursuant to law or ordinance.”
Mayor Herrera is given as inextendible period of ten days from the receipt of the joint-order from the Ombudsman to submit his reply-affidavit to the anti-graft prosecutor.
