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