DILG OPINION NO

DILG OPINION NO. 56 S. 1999

April 20, 1999

Mr. Archie S. Baribar

Sangguniang Panlungsod Member

City of Bacolod

RE: 1. Whether or not the vice-mayor can designate an acting vice-mayor or an officer-in-charge of her office

during her ten (10) day absence?

2. Can the vice-mayor designate the highest ranking

sangguniang panlungsod member to act as the

presiding officer during her absence?

3. Which should prevail, the designation of the vice-mayor of

the Presiding Officer or the Internal Rules which provide that in case of the absence of the Presiding Officer, the floor leader shall be the one to preside the session?

Dear Mr. Baribar:

In reply to your first above-captioned query, please be informed that, for lack of legal basis under the Local Government Code and other existing statutes, the vice-mayor cannot designate an acting vice mayor or an officer in charge of his/her office in case of the latters temporary absence. Hence, in case of the temporary absence of the vice-mayor, the rule of succession shall be applied. In that regard, while the Supreme Court, in the case of Menzon vs. Petilla (G.R. No. 90762 May 20, 1991) has recognized the silence of the Local Government Code as to the mode of succession in case of a temporary vacancy in the office of the vice governor (same rule as vice mayor), it however ruled that, in order to obviate the dilemma resulting from an interregnum created by the vacancy in the said office, the mode of succession provided for permanent vacancy under Section 44 of the Code may likewise be applied in cases of

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temporary vacancy in the same office. Hence, the highest ranking sangguniang panlungsod member shall, albeit temporarily, automatically exercise the powers and perform the duties and functions of the vice-mayor in case of the temporary absence of the latter.

In reply to your second above-captioned query, with reference to the above discussion, the highest ranking sangguniang panlungsod member, as acting vice mayor, should be the one to preside the sanggunian session.

With regard to the third query, the Internal Rules has to be reconciled with the provisions of the Local Government Code. Thus, the provision found in the Internal Rules with respect to the issue of a temporary presiding officer shall apply only where no temporary vacancy exists in the office of the vice mayor but he/she is absent on the day of the sanggunian session.

We hope we have enlightened you on the matter.

Very truly yours,

JESUS I. INGENIERO

Assistant Secretary

Copy furnished:

REXDITO T. REYES

DIR. GINES DOMASIAN

DILG Regional Director

NBOO

Region VI, Fort San Pedro

This Department

Iloilo City

THE CITY DIRECTOR

DILG, Bacolod City

RAMIRO GARCIA, JR.

Sangguniang Panlungsod Member

Bacolod City

LS:56/Merle