In the Philippine Local Government Unit (LGU) landscape, the power to appoint is one of the most significant prerogatives of the local chief executive (LCE). While often viewed through the lens of political patronage, the appointment to plantilla positions—permanent, regular items in the personal services budget—is strictly governed by a synergy of the Local Government Code of 1991 (RA 7160) and Civil Service Commission (CSC) regulations.
I. The Nature of Discretionary Power
The Supreme Court has consistently held that the power to appoint is essentially discretionary. The appointing authority (the Governor, Mayor, or Punong Barangay) has the right to select whom they perceive to be the most fit from a list of qualified candidates.
- Executive Prerogative: The CSC cannot substitute its own judgment for that of the LCE. If the appointee meets the Minimum Qualification Standards, the CSC’s duty is generally ministerial—it must attest to the appointment.
- The "Next-in-Rank" Rule: While the law recognizes a "next-in-rank" system for promotions, this does not grant a vested right to the position. The LCE may still appoint an outsider or someone lower in the hierarchy, provided they can justify that the choice is more competent or possesses superior qualifications.
II. Legal Framework and Requirements
To validly appoint an individual to a plantilla position, several legal "hoops" must be jumped through:
1. The Personal Services (PS) Limitation
Under RA 7160, LGUs cannot spend more than a certain percentage of their total annual income on salaries and benefits:
- 45% for 1st to 3rd class LGUs.
- 55% for 4th class LGUs or lower. If an appointment exceeds this cap, it is considered void for lack of funding.
2. The Publication Requirement (RA 7041)
Vacant plantilla positions must be published and posted in three conspicuous places for at least 15 days. This ensures transparency and invites competitive applications.
3. Personnel Selection Board (PSB)
Every LGU must have a PSB (often called the Human Resource Merit Promotion and Selection Board or HRMPSB).
- The board screens candidates and submits a list of top-ranking applicants to the LCE.
- Critical Note: The LCE is not bound to pick the #1 candidate on the list but must select from among the top five (or the screened pool) provided by the board.
III. Express Limitations on Discretion
The LCE's discretion is not absolute. It is hemmed in by several statutory prohibitions:
- Nepotism: Appointments of relatives within the third degree of consanguinity or affinity (e.g., children, siblings, uncles/aunts, in-laws) are prohibited. In LGUs, this restriction applies to the appointing authority and the recommending heads of offices.
- The Election Ban: During a specified period before and after a local election (usually 45 days), LCEs are prohibited from appointing new employees or promoting existing ones unless authorized by the COMELEC for essential services.
- The "Lame Duck" Rule: Outgoing LCEs are generally prohibited from making "midnight appointments"—those made in the dying days of an administration to "pad" the plantilla for the incoming successor.
- One-Year Ban on Losers: Candidates who lost in an election cannot be appointed to any government position (including LGU plantilla) within one year after that election.
IV. The Role of the Sanggunian
A common point of friction is whether the Sanggunian (Local Council) must concur with appointments.
- General Rule: Appointments to most plantilla positions (department heads and below) are the sole prerogative of the LCE and do not require Sanggunian concurrence.
- Exceptions: Under the Local Government Code, the appointment of certain local officials—such as the Administrator, the Legal Officer, and the Information Officer—requires the concurrence of the majority of all Sanggunian members.
V. Grounds for Invalidating an Appointment
The CSC may disapprove an appointment, effectively rendering it void, based on the following:
| Ground | Description |
|---|---|
| Non-Compliance with QS | The appointee fails to meet the Education, Experience, Training, or Eligibility requirements. |
| Procedural Flaws | Failure to publish/post the vacancy or bypassing the PSB. |
| Budgetary Constraints | Violation of the PS Cap or lack of an appropriated item in the budget. |
| Legal Impediment | The appointee is a dismissed employee with a penalty of perpetual disqualification. |
VI. Summary of Jurisprudence
The prevailing legal sentiment in the Philippines is that "The power to appoint is a political question." As long as the appointee possesses the minimum qualifications required by law, the courts and the CSC will not interfere with the LCE's choice. Discretion allows the leader to build a team they trust to execute their mandate, balanced only by the "shield" of Civil Service security of tenure once the appointment is finalized and attested.