MONTUERO V. MAYOR TY AND SANGGUNIAN BAYAN (LOCAL GOVT)

The law is clear. Under Section 443(a) and (d) of RA 7160, The Local Government Code, the head of a department or office in the municipal government, such as the Municipal Budget Officer, shall be appointed by the Mayor with the concurrence of all Sanggunian Bayan members, subject to civil service law, rules, and regulations.

Per records, the appointment of petitioner was never submitted to the Sanggunian Bayan for its concurrence, or even if so submitted, no such concurrence was obtained. such factual finding of quasi-judicial agencies, especially if adopted by the CA, is deemed final and conclusive and may not be reviewed on appeal by this Court.

The Supreme Court is not a trier of facts and generally, does not weigh anew evidence already passes upon by the CA. Absent any showing that this case falls under any of the exceptions to this general rule, the SC will refrain from disturbing the findings of fact of the tribunals below.