Human Resource Management and Development ARTICLE 163.

Organizational Structure and Staffing Pattern.

Every LGU shall design and implement its own organizational structure and staffing
pattern taking into consideration its priority needs, service requirements, and financial
capabilities consistent with the principles on simplicity, efficiency, economy,
effectiveness, dynamism, and public accountability, subject to the minimum standards
and guidelines prescribed therefore by CSC.

ARTICLE 164. Responsibility for Human Resource Management and Development;

Applicable Laws. — (a) An LGU may reorganize through the sanggunian its present
organizational structure or alter its present staffing pattern in accordance with laws
pertinent to government reorganization and implementing rules and regulations issued
thereunder.

(b) The local chief executive shall be responsible for human resource management and
development in his LGU and shall take all personnel actions in accordance with the
constitutional provisions on civil service, pertinent laws, rules and regulations, including
such policies, guidelines, and standards as CSC may prescribe. For this purposes, the
local chief executive may avail of the services of the Local Government Academy and
other learning institutions.

(c) The presiding officer of the sanggunian shall, where applicable, be responsible for
human resource management and development and shall take all personnel actions in
accordance with civil service law, rules and regulations.

(d) 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
CSC provided that the period of employment of emergency or casual laborers shall not
exceed six (6) months.

ARTICLE 165. Recruitment and Selection. — Opportunity for employment in an LGU

shall be open to all qualified candidates. Utmost effort shall be exerted to attract the
best qualified to enter the local government service. Employees shall be selected on the
basis of merit and fitness.

ARTICLE 166. Personnel Selection Board. —

(a) There shall be established in every province, city or municipality a personnel

selection board to assist the local chief executive or, where applicable, the presiding
officer of the sanggunian, in the judicious and objective selection of personnel for
employment as well as for promotion.

(b) The personnel selection board shall be composed of the local chief executive or his
duly authorized representative as chairman, and members to be determined by
resolution of the sanggunian concerned in accordance with pertinent civil service law,
rules and regulations. A representative of CSC, if any, and the local human resource
management officer or his equivalent in the LGU concerned, shall be ex officio
members of the board.

(c) The personnel selection board shall formulate screening procedures and shall adopt
criteria for evaluating candidates for employment or promotion in the first and second
levels of the local government career service.

(d) The personnel selection board shall formulate screening policies on employee
welfare in accordance with civil service law, rules and regulations.
ARTICLE 167. Public Notice of Vacancy. — Whenever a local chief executive decides
to fill a vacant career position, notices of vacancy shall be posted in at least three (3)
conspicuous public places for a period of not less than fifteen (15) days and published
once in a newspaper of general circulation in the LGU concerned.

ARTICLE 168. Appointments. —

(a) Appointments to positions in LGUs, except those classified by law or competent

authority as policy determining, primarily confidential, or highly technical in nature, shall
be made only according to merit and fitness to be determined, as far as practicable, by
competitive examinations.

(b) The local chief executive concerned or, where applicable, the presiding officer of the
sanggunian shall be the appointing authority of all officials and employees paid wholly
or partially out of local government funds except as otherwise provided by law or these
Rules.

(c) Appointments to the career service shall either be permanent or temporary:

(1) A permanent appointment shall be issued to a person who meets all the
requirements for the position to which he is appointed, including the appropriate
eligibility prescribed by law or regulations.

(2) In the absence of a qualified civil service eligible and whenever public interest so
requires to fill a vacancy, a temporary appointment shall be issued to a person who
meets all the requirements for the position to which he is being appointed except the
possession of the appropriate civil service eligibility. Such temporary appointment shall
not exceed twelve (12) months but may be terminated sooner if a qualified eligible
becomes available.

(d) A contractual appointment shall be issued only under the following circumstances or
conditions:

(1) The proposed appointee undertakes a specific work or project to be completed

within a limited period not to exceed one (1) year;

(2) The proposed appointee has a special or technical skill not available in the
employing LGU;

(3) The proposed appointee performs or accomplishes his work under his own
responsibility with minimum direction and supervision from the hiring LGU.

(4) In the case of aliens, a contractual appointment may be extended only if it can be
shown that there is no Filipino expert available within the region as certified by the
appointing authority.

(5) Due to the temporary nature of contractual appointment, the high quality of expertise
desired, the difficulty of recruitment, or the time constraint for the completion of the
assigned tasks, personnel hired on a contractual basis may be paid a higher
compensation than that given to employees occupying similar positions or performing
substantially the same duties and responsibilities but not more than the ceiling fixed by
the appropriate authority; and

(6) At least two (2) copies of a duly accomplished Position Description Form shall be
forwarded to the appropriate NGA before the employment contract is finalized. A
certification stating the reason for resorting to contractual employment shall also be
submitted.
(e) All appointments shall be made in such form, content and supporting documentation
as CSC may prescribe.

(f) Except as otherwise provided by law, appointments shall be submitted to CSC for
attestation within thirty (30) days from the date of issuance thereof; otherwise said
appointments shall become ineffective after the lapse of thirty (30) days.

(g) Appointments of those who do not meet the appropriate eligibility and required
qualifications shall not be made, except in cases allowed by civil service law, rules and
regulations.

(h) An appointment issued in accordance with applicable laws, rules and regulations
shall take effect immediately upon its issuance by the appointing authority, and if the
appointee has assumed the duties of the position, he shall be entitled to receive his
salary at once without awaiting the attestation of his appointment by CSC.

(i) The appointing authority shall be liable for the payment of the salary of the appointee
for actual services rendered if the appointment is disapproved because the appointing
authority issued it in willful violation of applicable laws, rules and regulations thereby
making the appointment unlawful.

(j) No person shall be appointed in the local government career service if he is related
within the fourth civil degree of consanguinity or affinity to the appointing or
recommending authority.

ARTICLE 169. Promotions. — (a) Promotions in the local government career service
shall be made in accordance with civil service law, rules and regulations.

(b) No promotion shall be made unless recommended by the personnel selection board.

ARTICLE 170. Compensation. — (a) Compensation of local officials and employees

shall be determined by the sanggunian concerned, subject to the budgetary limitations
on personal services provided in Rule XXXIV of these Rules and other applicable laws.

(b) Barangay elective officials shall receive honoraria, allowances and such other
emoluments as may be authorized by law, or city, municipal or barangay ordinance, in
accordance with the provisions of the Code, but in no case shall it be less than One
Thousand Pesos (P1,000.00) per month for the punong barangay and Six Hundred
Pesos (P600.00) per month for the sangguniang barangay members provided that the
annual appropriations for personal services shall be subject to the budgetary limitations
prescribed in Rule XXXIV of these Rules

. (c) No elective or appointive local official or employee shall receive additional, double,
or indirect compensation, unless specifically authorized by law, nor accept without the
consent of the Congress, any present, emoluments, office, or title of any kind from any
foreign government. Pensions or gratuities shall not be considered as additional, double
or indirect compensation

. ARTICLE 171. Working Hours and Attendance. —

(a) All appointive local officials and employees are required to render not less than the
official hours of work prescribed by law.

(b) When the interest of public service so requires, the local chief executive may extend
the daily hours of work of any or all the officials or employees in his LGU, or require
them to work on Saturdays, Sundays and Holidays. Overtime shall be paid for such
additional hours rendered, subject to availability of funds and applicable laws.
 (c) The local chief executive shall require a daily record of attendance of personnel
under him to be kept in the proper forms prescribed by CSC. A record shall also be
made for each day of all absences from duty of any local official or employee for any
cause and the duration thereof; and

(d) Elective local officials need not be required to keep a daily record of attendance but
their absences shall be properly recorded.