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Legal Opinion: Hon. Jonas Cortes Mayor-Mandaue City Atty. Jamaal James R. Calipayan

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Date: July 29, 2020

To: Hon. Jonas Cortes


Mayor- Mandaue City

Thru: Atty. Jamaal James R. Calipayan


City Administrator

Subject: Contract of Service of Business Tax Mappers for the City Treasurer’s
Office

LEGAL OPINION

This pertains to the request for legal opinion on the draft Contract of Service of
Business Tax Mappers of the City Treasurer’s Office for a period  of six (6) months
from July 1, 2020-December 31, 2020.

The names of the Business Tax Mappers are as follows:


1. Bueno, Elmer J.
2. Guanzon, Jofrey R.
3. Samong, Jorge G.
4. Seno, Erwin M.
5. Martinez, Judi B.
6. Abala Joselito P.
7. Calonsag, Derick James A.
8. Torres, Gaston Rey Y.
9. Villardar, Winston R.
10. Tugano, John Kenn I.
11. Caparoso, Krystabel Shayne T.

The City of Mandaue, as a local government unit, has the authority to engage the
services of individuals under contracts of services or job orders under the Local
Government Code. Section 77 of the Local Government Code, provides:
 
Section 77. Responsibility for Human Resources and Development. - The chief
executive of every local government unit shall be responsible for human
resources and development in his unit and shall take all personnel actions in
accordance with the Constitutional provisions on civil service, pertinent laws,
and rules and regulations thereon, including such policies, guidelines and
standards as the Civil Service Commission may establish: Provided, That 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 the Civil Service Commission: Provided, further, That the period
of employment of emergency or casual laborers as provided in this Section
shall not exceed six (6) months.

Accordingly, the engagement of the Business Tax Mapper is needed primarily


to help the Office of the City Treasurer to inspect compliance
of business establishments to registration, invoicing, bookkeeping and other rules and
regulation of the Bureau of Internal Revenue. Another important purpose of this is to
catch tax evaders. Tax mapping promotes transparency, enables easy access to
information, and also allows fact-based decision-making

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Thus, the work to be rendered by the Business Tax Mappers would be an
indispensable contribution in the City Treasurer’s Office and eventually to the
generation of income of the City.

Upon review, the provisions required by the Civil Service Commission are
present in this contract. Since the contract of service is for renewal, the undersigned
humbly suggests that the draft contracts should indicate “(RENEWAL)” below the
CONTRACT OF SERVICE heading. This is to ease the identification on whether a
certain individual’s contract of service is for renewal or whether the person is newly
hired by the City of Mandaue.

Therefore, this Office finds the Contract of Service in conformity with


established laws, ordinances and rules. The same may now be acted upon favorably
and forwarded to the Sangguniang Panlungsod for appropriate action.

We hope you find the foregoing in order.

Respectfully,

MANDAUE CITY LEGAL OFFICE

By:

ATTY. NENITA CENIZA-LAYESE


City Legal Officer

ATTY. ATHENA SALAS-DURAN


Assisting Attorney

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iCC:

Atty. Regal O. Oliva


City Treasurer

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