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SID VICIOUS
Municipal Vice Mayor
La Trinidad, Benguet

February 18, 2018

RE: Powers of the Municipal Mayor

Dear Sir,

In this letter, I will provide you with my legal opinion and analysis to enlighten
you and answer your query regarding the exercise of the powers of the Mayor. I
will first restate the facts, as I know them, to confirm their accuracy. Then I will
provide you with an explanation of the law as it applies in your case, and lastly,
give you my opinion.

Mayor Bon Jovi will be travelling to San Francisco, California to attend the
International Mayors League on March 15, 2018. The Mayor will be designating
you as the Officer-In-Charge for such duration, and you wish to be well informed
of the powers and functions of a Municipal Mayor for you to be able to perform
them effectively.

According to Section 46 of the 1991 Local Government Code of the Philippines,

(a) When the governor, city or municipal Mayor, or Punong Barangay is

temporarily incapacitated to perform his duties for physical or legal
reasons such as, but not limited to, leave of absence, travel abroad, and
suspension from office, the vice-governor, city or municipal vice-mayor,
or the highest ranking Sangguniang Barangay member shall
automatically exercise the powers and perform the duties and functions of
the local chief executive concerned, except the power to appoint, suspend,
or dismiss employees which can only be exercised if the period of
temporary incapacity exceeds thirty (30) working days.

X x x.

(c) When the incumbent local chief executive is traveling within the
country but outside his territorial jurisdiction for a period not exceeding
three (3) consecutive days, he may designate in writing the officer-in-
charge of the said office. Such authorization shall specify the powers and
 functions that the local official concerned shall exercise in the absence of
the local chief executive except the power to appoint, suspend, or dismiss
employees.

(d) In the event, however, that the local chief executive concerned fails or
refuses to issue such authorization, the vice-governor, the city or
municipal vice-mayor, or the highest ranking Sangguniang Barangay
member, as the case may be, shall have the right to assume the powers,
duties, and functions of the said office on the fourth (4th) day of absence of
the said local chief executive, subject to the limitations provided in
subsection (c) hereof.

X x x.

To answer your query, on Item No. 1, it is in my legal opinion that as an OIC

Mayor, you are allowed to solemnize marriages because as permitted by Sec. 46 of
the Local Government Code,

X x x x, city or municipal vice-mayor, or the highest ranking Sangguniang

Barangay member shall automatically exercise the powers and perform
the duties and functions of the local chief executive concerned, x x x.

In relation to this, according to Section 444 (b)(1)[xviii] of the Local Government

Code, Solemnizing marriages, any provision of law to the contrary
notwithstanding, is one of the powers and/or functions of a Municipal Mayor.
Therefore, you could perform and legally solemnize a valid marriage as the
appointed OIC Mayor.

As to your query on Item No. 2, it is in my legal opinion that even though you are
merely an OIC mayor you can still be the presiding officer of the Sanggunian and
therefore approve resolutions and ordinances because again, citing Sec. 46 of the
LGC,

X x x, the vice-governor, city or municipal vice-mayor, or the highest

ranking Sangguniang Barangay member shall automatically exercise the
powers and perform the duties and functions of the local chief executive
concerned, except the power to appoint, suspend, or dismiss employees
which can only be exercised if the period of temporary incapacity exceeds
thirty (30) working days.

With respect to this provision of law, under Section 444 (b)(2) of the Local
Government Code,

(2) Enforce all laws and ordinances relative to the governance of the
municipality and the exercise of its corporate powers, implement all
approved policies, programs, projects, services and activities of the
municipality and, in addition to the foregoing, shall: x x x; (iii) Issue such
 executive orders as are necessary for the proper enforcement and
execution of laws and ordinances, x x x.

Therefore, as an OIC Mayor, you have the power to perform all the functions of a
Municipal Mayor including the approval of resolutions and ordinances, except the
power to appoint, suspend, or dismiss employees as provided for by Sec. 46 of the
Local Government Code.

With regards your query on Item No. 3, it is in my legal opinion that, you need
not to relinquish your role as presiding officer of the Sangguniang Bayan and
appoint an OIC Vice Mayor because under Sec. 445 of the Local Government
Code, the powers and duties of a Vice Mayor are:

(1) Be the presiding officer of the Sangguniang Bayan and sign all
warrants drawn on the municipal treasury for all expenditures
appropriated for the operation of the Sangguniang Bayan;
X x x.
(4) Exercise the powers and perform the duties and functions of the
municipal mayor in cases of temporary vacancy as provided for in section
46, Book I of this Code; and
(5) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.

In connection to the said law, there is no mentioning that the Vice Mayor is
required to relinquish the role as a presiding officer of the Sangguniang Bayan and
appoint an OIC Vice Mayor. Nothing in the Local Government Code nor in any law
which involves a requirement of relinquishment and appointment of an OIC.
Therefore, there is no need for such actions.

It is my most desire that this legal opinion of mine would be of a great help to you
in addressing your concerns and queries.

Please do not hesitate to call us with any questions you may have. Also, if there are
any misstatements of fact in this letter it is important that you contact us when
possible.

Thank you very much and more power.

Most Sincerely,

ATTY. FAITH HOPE N. LAVE