Department of Budget and Management

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    Date: 2019-10-01 16:14:56.181830

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    Date: 2019-10-01 18:43:48.964188

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    Date: 2019-10-02 09:35:06.696770

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Creation of Permanent Position without budget allocation

Requested from DBM by J. Guzman at 04:14 PM on Oct 01, 2019.
Purpose: Plantilla of personnel 2020
Date of Coverage: 10/01/2019 - 10/01/2019
Tracking no: #DBM-480061776089

Guzman 04:14 PM, Oct 01, 2019 

Good day!!!
is there a violation if our local government unit of Balasan (4th class municipality) will create position without budget allocation in compliance with designation to the permanent employees?like the PESO Officer, Tourism Officer, General Services Officer and MENRO.
Thank you and hoping for a positive response.

Central Records Division 06:43 PM, Oct 01, 2019 

October 1, 2019

Dear Jen,

Thank you for your request dated Oct 01, 2019 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Creation of Permanent Position without budget allocation.

We received your request on Oct 01, 2019 and will respond on or before Oct 22, 2019 04:14:56 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERCTS00ODAwNjE3NzYwODkM, for request with ticket number #DBM-480061776089.

Thank you.

Respectfully,

Marissa  A. Santos
FOI Officer

Bureau 09:35 AM, Oct 02, 2019 

Dear Ms. De Guzman,

This refers to your query on whether a local government unit, specifically a 4th class municipality, can create positions without any budget allocation, and not violate any regulation/directive.

It should be noted that while the LGUs are given the flexibility to design its own staffing as it sees fit,  the general limitation on Personnel Services (PS) expenditure prescribed under the Local Government Code (LGC) should not be exceeded.   The classification of the positions should also be consistent with the Index of Occupational Services, Occupational Groups, Classes and Salary Grades. 

It should be further noted that under Section 95 of the General Provisions of the FY 2019 General Appropriations Act, the enforcement of the PS limitations under Section 325 (a) and 331 (b) of Republic Act No. 7160  or the LGC  shall be  waived under the following instances:

(i)	To enable the LGUs to absorb the cost of hospital services transferred from provinces to newly-created cities;
(ii)	For payment of the CNA incentive of employees upon compliance with the rules and regulations issued by this Department;
(iii)	For payment of the retirement and terminal leave benefits, as well as monetization of leave credits; and
(iv)	For payment of the minimum year-end bonus of P1,000 for the Punong Barangay, and P600 for other barangay officials, and their cash gifts.

Thank you.

Very truly yours,

Maria Lourdes T. Aganon
FOI Officer

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