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

- 2 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
DILG Regional Director
Region VI, Fort San Pedro
Iloilo City
THE CITY DIRECTOR
DILG, Bacolod City
RAMIRO GARCIA, JR.
Sangguniang Panlungsod Member
Bacolod City
LS:56/Merle

DIR. GINES DOMASIAN

NBOO
This Department