TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AUG -6 P2:35 SENATE RECEIVED 3 S. No. 1059 Introduced by Senator Jinggoy Ejercito Estrada AN ACT CREATING A MANDATORY POSITION FOR A HUMAN RESOURCE MANAGEMENT OFFICER IN LOCAL GOVERNMENT UNITS, AMENDING FOR THE PURPOSE SECTIONS 443, 454 AND 463 OF REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS "THE LOCAL GOVERNMENT CODE OF 1991", AND FOR OTHER PURPOSES EXPLANATORY NOTE Republic Act No. 7160, otherwise known as the "Local Government Code of 1991" provides for the positions in local government units (LGUs) that are mandatory and these include a treasurer, assessor, accountant, budget officer, planning and development coordinator, engineer / building official, health officer and civil registrar for municipalities. These positions are also required for cities, with the addition of an administrator, legal officer, veterinarian, social welfare and development officer, and general services. The mandatory positions for cities are also the ones required for provinces, with the addition of a provincial agriculturist. It can be noted that in all levels of LGUs, no position related to human resource management is mandatory despite the fact that all administrative work and other related tasks pertaining "from hiring to firing" of employees and personnel of LGUS are inevitable.
The essential roles of Human Resource Management Officer (HRMO) are recognized by the Civil Service Commission (CSC) in its Resolution No. 1800692 or the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA) Revised July 2018 which specifically assigns certain tasks to the Human Resource Management Officer (HRMO). Moreover, Rule XIII of ORAOHRA outlined the Responsibilities of the Human Resource Management Officer and even provides that administrative disciplinary action for neglect of duty may be initiated by the head of agency or the CSC against HRMO or the duly authorized employee in charge of human resource management who fails to perform any of the responsibilities given to him or her under the 2017 ORAOHRA. Recent developments in the landscape of public administration in the Philippines even more emphasized the importance of HRMOs in the LGUs. The implementation of the Supreme Court Ruling on the Mandanas-Garcia Case starting fiscal year 2022 affirmed the Constitutional mandate to provide the LGUs with their just share on national taxes. The said jurisprudence also spawned the full devolution of services to LGUs as provided under the Local Government Code. With more resources and bigger responsibilities, LGUs are expected to perform optimally, efficiently and effectively, and the main drivers for the achievement of their mandate are undeniably the employees. Taking into consideration the current structure and demands related to human resource in LGUs, this measure seeks to make the HRMO position mandatory in all LGUs by amending appropriate sections of the Local Government Code. The bill also provides for the qualifications and functions of an HRMO. More than providing a legal basis for the hiring of said officers, it aims to contribute towards a more responsible, proactive, and responsive management of the human resources of LGUS. The expansion of activities and increasing dynamism of the functions of human resources management in the government require the services and dedication of HRMOs who possess the competence, expertise, compassion to promote public service.
In view of the foregoing, the immediate passage of this measure is highly recommended. fingert l JINGGOY EJERCITO ESTRADA
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -6 P2:35 SENATE 03) RECE S. No. 1059 Introduced by Senator Jinggoy Ejercito Estrada AN ACT CREATING A MANDATORY POSITION FOR A HUMAN RESOURCE MANAGEMENT OFFICER IN LOCAL GOVERNMENT UNITS, AMENDING FOR THE PURPOSE SECTIONS 443, 454 AND 463 OF REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS "THE LOCAL GOVERNMENT CODE OF 1991", AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 443 of Republic Act No. 7160 or the "Local Government
2 Code of 1991", as amended, is hereby amended to read as follows: "Section 443. Officials of the Municipal Government. - (a) There shall be in each municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan members, secretary to the sangguniang bayan, a municipal treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a municipal planning and development coordinator, a municipal engineer/building official, a municipal health officer [and], a municipal civil registrar [-], AND A MUNICIPAL HUMAN RESOURCE MANAGEMENT OFFICER. "XXX."
Sec. 2. Section 454 of the same law is hereby amended to read as follows:
"Sec. 454. Officials of the City Government. - (a) There shall be in each city a mayor, a vice-mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, [and] a city general services officer f-], AND A CITY HUMAN RESOURCE MANAGEMENT OFFICER "XXX."
Sec. 3. Section 463 of the same law is hereby amended to read as follows:
"Sec. 463. Officials of the Provincial Government. - (a) There shall be in each province a governor, a vice-governor, members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, [and] a provincial veterinarian[-1, AND A PROVINCIAL HUMAN RESOURCE MANAGEMENT OFFICER. "X × X."
Sec. 4. A new article and section to be denominated as Article XXI, Section
490-A shall be inserted after Article XX, Section 490 of Title Five, on Appointive Local Officials Common to All Municipalities, Cities and Provinces, and shall read as follows: "ARTICLE XXI "THE HUMAN RESOURCE MANAGEMENT OFFICER "SECTION. 490-A. QUALIFICATIONS, POWERS AND DUTIES. -
"(A) NO PERSON SHALL BE APPOINTED AS HUMAN RESOURCE MANAGEMENT OFFICER UNLESS HE IS A CITIZEN OF THE REPUBLIC OF THE PHILIPPINES, OF GOOD MORAL CHARACTER, A HOLDER OF A COLLEGE DEGREE PREFERABLY IN PSYCHOLOGY OR PUBLIC ADMINISTRATION, A FIRST GRADE CIVIL SERVICE ELIGIBLE OR ITS EQUIVALENT, A RESIDENT OF THE LOCAL GOVERNMENT UNIT (LGU) CONCERNED, HAS ACQUIRED EXPERIENCE IN HUMAN RESOURCE MANAGEMENT FOR AT LEAST THREE (3) YEARS IN THE CASE OF THE PROVINCE OR CITY, OR TWO (2) YEARS IN THE CASE OF A MUNICIPALITY, AND HAS UNDERGONE THE CERTIFICATION PROGRAM FOR HUMAN RESOURCE MANAGEMENT OFFICERS TO BE CONDUCTED BY THE CIVIL SERVICE COMMISSION (CSC). "(B) THE HUMAN RESOURCE MANAGEMENT OFFICER SHALL BE APPOINTED BY THE CHAIRPERSON OF THE CIVIL SERVICE COMMISSION (CSC) FROM THE LIST OF AT LEAST THREE (3) ELIGIBLE RECOMMENDEES OF THE LOCAL CHIEF EXECUTIVE OF THE LGU CONCERNED, SUBJECT TO CIVIL SERVICE RULES AND REGULATIONS. "(C) THE HUMAN RESOURCE MANAGEMENT OFFICER SHALL: "(1) FORMULATE A HUMAN RESOURCE DEVELOPMENT PLAN THAT WILL ENHANCE PERSONNEL MANAGEMENT PROCESSES IN THE LGU CONCERNED WITH EMPHASIS IN THE AREAS OF RECRUITMENT AND SELECTION, CAREER DEVELOPMENT, PERFORMANCE MANAGEMENT,
PERSONNEL WELFARE, AND REWARDS AND INCENTIVES FOR SERVICE EXCELLENCE; "(2) MONITOR AND EVALUATE THE MANAGEMENT OF PERSONNEL PERFORMANCE IN THE LOCAL GOVERNMENT UNIT CONCERNED AND ENSURE THAT SUCH IS IN ACCORDANCE WITH CIVIL SERVICE RULES AND REGULATIONS; "(3) INSTITUTIONALIZE A CENTRALIZED RECORDS DEPOSITORY OF HUMAN RESOURCE DOCUMENTS SUCH AS APPOINTMENT PAPERS, PERSONAL DATA SHEETS, SERVICE RECORDS, STATEMENTS OF ASSETS AND LIABILITIES, LEAVE CREDITS AND OTHER PERTINENT RECORDS; "(4) CONDUCT CONTINUING HUMAN RESOURCE DEVELOPMENT PROGRAMS, AND OTHER CAPACITY BUILDING ACTIVITIES TO ENHANCE THE COMPETENCY OF PERSONNEL AND OFFICIALS; "(5) ENSURE THAT CIVIL SERVICE LAWS AND RULES ON PERSONNEL MATTERS ARE PROPERLY EXECUTED; "(6) ADVISE ON MATTERS RELATED TO CIVIL SERVICE RULES AND REGULATIONS ON RECRUITMENT, SELECTION AND PLACEMENT (RSP), LEARNING AND DEVELOPMENT (L&D), PERFORMANCE MANAGEMENT (PM), AND REWARDS AND RECOGNITION (R&RO) AND OTHER HUMAN RESOURCE POLICIES; "(7) ESTABLISH LINKAGES AND PARTNERSHIPS WITH HUMAN RESOURCE ORGANIZATIONS AND OTHER LOCAL GOVERNMENT AGENCIES;
"(8) EXERCISE SUCH OTHER POWERS AND PERFORM SUCH OTHER FUNCTIONS AND DUTIES AS MAY BE PRESCRIBED BY LAW OR ORDINANCE."
Sec. 5. Separability Clause. - Should any provision or part of this Act be
declared unconstitutional or invalid, the other provisions and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.
Sec. 6. Repealing Clause. - All laws, decrees, executive orders, proclamations,
rules and regulations, or parts thereof, which are inconsistent with this Act are hereby repealed, amended, or modified accordingly.
Sec. 7. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette ox in a newspaper of general circulation. Approved,