Inside Page | Fernan A. Gianan:

The power to approve Job Order contracts

Last Sept. 30, 2022, Gov. Joseph Cua issued a memorandum terminating all job order employees of the provincial government, including that of the Sangguniang Panlalawigan and the Office of the Vice Governor.

On the same day, he issued Office Order No. 060 that pursuant to Sec. 77 of RA 7160, all job order contracts in the province shall be approved by him in his capacity as local chief executive.

A separate memo was sent to Vice Gov. Peter Cua requesting that the latter furnish the governor a copy of the list of recommended job order personnel who would be assigned to specific programs at the OVG and the SP.

Previously, it was the Vice Governor who approved the job order contracts of personnel in his office and in the SP, a practice that began during the time of then Vice Governor Jose Teves Jr.

This was based on the Supreme Court decision in GR No. 161081, which ruled that the vice governor has the authority to appoint the officials and employees of the Sangguniang Panlalawigan whose salaries are derived from the appropriation specifically for the said local legislative body.

On June 14, 2021, however, the Court of Appeals granted a petition filed by Cagayan Gov. Manuel Mamba on the power of the local chief executive to hire job order personnel and appoint officials and employees.

It ended a standoff in the LGU between the governor and the vice governor over job order employees hired in the latter’s office and the SP.

In granting the petition, the CA distinguished appointed officials and the power to enter into contracts to procure services, including the hiring of job order employees.

“Appointment is different from the execution of a contract of service. The power of the local vice chief executive is limited to that of appointing officials and employees to his office and the Sanggunian, whose salaries are derived from the appropriation specifically for the local legislative body. The authority to execute any contract on behalf of the local government unit, to include the execution of contracts for the procurement of services (hiring job order personnel), remains exclusive to the local chief executive,” the appellate court said.

It stressed that the vice governor’s authority under the Local Government Code is limited to the appointment of officials and employees of the Sanggunian.

It does not extend to signing and executing a contract of service on behalf of the local government unit, the CA pointed out, as there is nothing in the LGC which gives the vice chief executive the specific authority to enter into a contract that will bind the LGU.

“Allowing him to enter into contracts on behalf of the local government, even if only for the limited purpose of hiring job order employees, is still against the clear wording of the law and encroaches upon the LCE’s authority,” the appeals court said.


This week is the anniversary of the rampage of super typhoon Sening/Joan through Central Philippines on Oct. 11-15, 1970.

Crawling along at 8kph to the west, the typhoon’s eye and eyewall passed through Bato, Virac and San Andres before moving towards the mainland, inflicting heavy damage and killing a total of 768 people.

PAGASA Virac recorded a maximum windspeed of 275 kph, a record which stood for 36 years before super typhoon Reming also traced the same path in 2006 with gusts of 320kph recorded also in Virac.


THE KILLER PLANT. Two doctors, Dean and Gable, are treating a man with lung disease. They’re explaining how his smoking weed has led to his condition worsening.

“But it’s just herbal!” the patient protested. “How can it be bad?”

Dr. Jenkins sighed. “Nature isn’t all innocent. Apricot stones contain lethal amounts of cyanide. There is a certain plant in my back garden – if you sit under it for just 5 minutes, you will die. Just because it’s natural doesn’t mean it’s safe for you!”

The man seemed to accept that and promised to stop his smoking. After he left, the doctors went to lunch. As they were sitting down to eat, Dr. Smith asked, “Oh by the way, what is that plant that kills you if you sit under it?”

“A water lily.”

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