Snapshot answer

No. The Secretary to the Sangguniang Bayan is not coterminous. It is a career civil service position with security of tenure, governed by the 1987 Constitution, the Local Government Code (RA 7160), the Administrative Code, and Civil Service Commission (CSC) rules. A change in mayor, vice mayor, or sanggunian membership does not end the Secretary’s appointment.

1) Legal framework and where the rules come from

1987 Constitution (Art. IX-B): Career civil servants enjoy security of tenure; they may be removed only for cause and with due process.
Local Government Code (RA 7160): Creates the Secretary to the Sanggunian (for province, city, and municipality) and vests the presiding officer (e.g., the municipal vice mayor) with appointing authority with the concurrence of the majority of the sanggunian, subject to civil service laws. The Code defines core powers, duties, and functions of the office.
Administrative Code & CSC Rules: Implement standards on qualification standards, appointments, eligibility, promotions, prohibitions (e.g., nepotism, partisan activity), and disciplinary procedures.
COMELEC rules: Impose election-period restrictions on appointments and personnel movements.

2) Nature of the office: career, not coterminous

Career position. The Secretary to the Sangguniang Bayan (SB) is a regular plantilla item, typically funded as part of the legislative department’s staffing complement.
Not political staff. Unlike a Private Secretary or other coterminous/confidential posts attached to an elected official’s personal office, the SB Secretary serves the institution (the sanggunian), not the person of the presiding officer.
Result: The Secretary’s tenure does not expire when a new mayor or vice mayor assumes office, nor when the sanggunian’s composition changes.

3) Who appoints and how: concurrence, CSC rules, and documentation

Appointing authority: The Vice Mayor (as presiding officer) appoints the SB Secretary, with concurrence of the majority of all the sanggunian members, and subject to CSC rules.
Form of appointment: A permanent (regular) appointment is issued if the appointee meets all Qualification Standards (QS); otherwise, a temporary appointment may be issued only if permitted by CSC (e.g., in the absence of eligible persons), and is time-bound.
Concurrence mechanics: Concurrence is typically given by resolution of the sanggunian. Absence of valid concurrence can be a ground for disapproval or invalidation of the appointment.
Transmittal to CSC: Appointments are submitted to CSC for validation/attestation; the CSC may affirm or disapprove based on compliance with QS, nepotism rules, qualification/eligibility, and appointment timing (e.g., election ban).

4) Qualifications and eligibility (typical standards)

While exact Qualification Standards (QS) are set by the CSC and may be updated, the Secretary to the SB generally must meet:

Education: At least a bachelor’s degree.
Eligibility: Appropriate Civil Service Eligibility (e.g., Career Service Professional or other eligibility recognized by CSC for the position).
Experience/Training: A specified number of years of relevant experience and training in public administration, legislative work, records management, or related fields (as prescribed in the posted QS).
Other legal bars: Must not be disqualified under laws (e.g., nepotism rules; administrative or criminal convictions that carry disqualification; dual compensation prohibitions, etc.).

Tip: LGUs should keep on file the approved QS for the position, the plantilla item details (Salary Grade), and the CSC attested appointment and sanggunian concurrence resolution.

5) Core powers, duties, and functions

Statute and practice generally assign the Secretary to the SB to:

Serve as the sanggunian’s chief records and journal officer: Prepare the Order of Business, call the roll, record proceedings and minutes, index and maintain the journal, handle the official seal, and keep the archives.
Manage measures: Record, track, and certify ordinances and resolutions; ensure proper numbering, engrossment, and authenticated copies.
Facilitate approval and review: Transmit measures to the Local Chief Executive (LCE) for approval/veto and to appropriate reviewing bodies when required (e.g., provincial review for certain municipal ordinances); monitor timelines (e.g., LCE veto/approval periods).
Publication/posting: Arrange posting and, when legally required (e.g., ordinances with penal provisions), publication and proof of compliance for effectivity.
Administrative head of the secretariat: Supervise the Sanggunian Secretariat staff, oversee workflow, records management, and provide technical support to committees and floor deliberations.
Certification and attestation: Attest to the authenticity of measures and certify copies for official use, court, or oversight review.

6) Tenure and security of tenure

Permanent appointment = security of tenure. Once permanently appointed and CSC-attested, the Secretary can only be separated for lawful causes (e.g., valid abolition in good faith, disciplinary penalty after due process, retirement, resignation).
Not tied to any politician’s term. Replacement due to a new vice mayor or new majority is illegal absent a lawful cause and due process.
Holdover principle. In the absence of a successor or during transition, the incumbent continues to perform duties to avoid a service vacuum, unless lawfully relieved.

7) Removal, discipline, and due process

Grounds: Administrative offenses under the CSC/Administrative Code (e.g., grave misconduct, gross neglect, dishonesty, etc.).
Process: Requires notice, hearing, and reasoned decision by the disciplining authority, consistent with CSC rules; penalties may be appealed to the CSC and, ultimately, the courts.
Abolition/reorganization: Abolition of the office is allowed only in good faith (e.g., bona fide reorganization) and not as a device to circumvent tenure. Otherwise, it is void.

8) Acting/OIC, temporary appointments, and vacancies

Vacancy scenarios: Retirement, resignation, promotion/transfer, death, or removal.
Stopgaps: The presiding officer may designate an OIC or recommend a temporary appointment consistent with CSC rules. Designations are generally not a substitute for permanent appointments and often time-limited.
Preference for eligibles: If qualified eligibles are available, temporary appointments should not be used to bypass them.
Succession planning: The sanggunian should maintain an updated staffing plan and QS, and promptly process concurrence and CSC attestation for continuity.

9) Compensation, rank, and organizational placement

Plantilla & Salary Grade: The position appears as a regular plantilla item within the Sanggunian (Legislative) Department/Office, with compensation following the Local Government Compensation structure and DBM guidelines.
Administrative line: Functionally under the Sanggunian (not the Mayor’s Office). Day-to-day supervision is exercised by the presiding officer and/or sanggunian leadership, as provided by ordinance or internal rules.

10) Nepotism, conflict rules, and political activity

Nepotism: Appointments are barred if the appointee is a relative within the prohibited degree of the appointing or recommending authority (here, the Vice Mayor/presiding officer), subject to limited statutory exceptions (which generally do not apply to this post).
Political neutrality: As a career official, the Secretary is prohibited from partisan political activity (e.g., campaigning), save for narrow exceptions recognized by CSC.
Integrity rules: Subject to the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713), including SALN filing, gift/benefit restrictions, and conflict-of-interest rules.

11) Interaction with ordinance effectivity and procedural timelines

Transmittal to LCE: After passage, measures are promptly transmitted to the mayor for approval or veto; the Secretary tracks and records the dates.
Posting/publication: The Secretary ensures posting in required locations and publication where mandated (e.g., ordinances with penal provisions), and maintains proof (affidavits, certifications, clippings).
Review: Measures subject to review (e.g., certain municipal ordinances) are forwarded to the appropriate body within prescribed periods.

12) Election-period and “midnight appointment” cautions

Election ban: During the election period, new appointments, promotions, details, or transfers are restricted, subject to COMELEC exemptions.
Transitions: A newly elected vice mayor cannot summarily replace the incumbent Secretary on assumption; only lawful processes apply.
Acting/OIC during ban: Where necessary, OIC arrangements may be used within CSC/COMELEC rules until a valid appointment is permissible.

13) Frequently asked practical questions

Q1: Is the SB Secretary coterminous with the Vice Mayor? No. The office is career and institutional, not personal. Tenure ends only for lawful causes.

Q2: Can the new majority vote someone else in and oust the incumbent? They may concur in an appointment when a vacancy exists, but they cannot oust a duly appointed, CSC-attested Secretary without cause and due process.

Q3: Who disciplines the Secretary? The disciplining authority is the proper official/body under CSC and LGU rules (often the presiding officer/sanggunian as head of office), subject to CSC procedures and appeal.

Q4: Can the Mayor reassign the Secretary to another office? Generally no. The Secretary belongs to the legislative department. Cross-department “reassignments” that impair legislative independence or evade tenure protections are invalid.

Q5: What if the appointment lacked sanggunian concurrence? Lack of concurrence can invalidate the appointment. CSC may disapprove such appointment or require correction; incumbency without a valid appointment does not ripen into permanence.

Q6: What happens if the office is abolished in a “reorg”? Abolition must be in good faith (genuine streamlining, not targeted at a person). Otherwise it is void and the incumbent may be reinstated with back pay.

14) Compliance checklist for LGUs

Maintain the plantilla item for the SB Secretary under the Sanggunian.
Adopt/confirm QS consistent with CSC standards; keep them on file.
Appoint via the Vice Mayor with majority concurrence of the sanggunian.
Secure CSC attestation and observe election-period rules.
Observe due process for any disciplinary actions; coordinate with HRMO and the legal office.
Keep airtight records: minutes, journals, ordinance books, posting proofs, and transmittals.
Insulate the Secretariat from partisan activity; enforce RA 6713 ethics standards.

Bottom line

The Secretary to the Sangguniang Bayan is a career official who anchors the legislative body’s record-keeping and procedural integrity. The position is not coterminous, persists across political cycles, and is protected by security of tenure. Appointments require vice-mayoral issuance with sanggunian concurrence and CSC compliance; removal or separation demands lawful cause and due process.