Senate Office of the Sertetary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES MAR -3 P5:23 First Regular Session SENATE RECEIVED BY: S. No. 1925 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING FOR A NEW PROVISION GOVERNING TEMPORARY VACANCY OR TEMPORARY INCAPACITY IN THE OFFICE OF THE VICE-LOCAL CHIEF EXECUTIVE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991" EXPLANATORY NOTE Republic Act No. 7160, otherwise known as the Local Government Code of 1991, currently provides clear rules for permanent vacancies in the offices of local government officials. Specifically in Section 44 of the Code, the vice-governor or vice mayor shall assume the functions of the office of the governor or mayor in case of permanent vacancy. Further, if a permanent vacancy occurs in the offices of the governor, vice-governor, mayor, or vice-mayor, the highest ranking sanggunian member, or, in case of his permanent inability, the second highest ranking sanggunian, shall become the governor, vice-governor, mayor, or vice-mayor, as the case may be. The Code also prescribes instruction in cases of temporary vacancy in the Office of the Local Chief Executive. Section 46 (a) provides that "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...."
Unfortunately, the Code does not expressly provide a parallel mechanism with respect to situations involving the temporary vacancy or temporary incapacity of the Vice-Local Chief Executive. This proposed measure, which was favorably endorsed by the Department of the Interior and Local Government (DILG), seeks to address this statutory gap in order to resolve uncertainties and power vacuum in local governance, and to ensure leadership continuity in legislative councils, particularly at times when the vice-local chief executive is temporarily unable to discharge official roles. In view of preserving political stability at local levels, preventing any unnecessary disruption of work or worse, paralysis in government operations, and promoting the effective functioning of the sanggunian, the consideration and passage of this bill is recommended. JINGGOY EJERCITO ESTRADA
Senate Offire of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 MAR -3 P5:23 SENATE S. No. 1925 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING FOR A NEW PROVISION GOVERNING TEMPORARY VACANCY OR TEMPORARY INCAPACITY IN THE OFFICE OF THE VICE-LOCAL CHIEF EXECUTIVE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Republic Act No. 7160, otherwise known as the Local Government
2 Code of 1991, is hereby amended by inserting a new section after Section 46 thereof, to be denominated as Section 46-A, to read as follows: "SEC. 46-A. TEMPORARY VACANCY OR TEMPORARY INCAPACITY IN THE OFFICE OF THE VICE-LOCAL CHIEF EXECUTIVE. - "(A) IN CASE OF A TEMPORARY VACANCY OR TEMPORARY INCAPACITY IN THE OFFICE OF THE VICE-GOVERNOR OR VICE- MAYOR, THE HIGHEST-RANKING SANGGUNIAN MEMBER, AS DETERMINED IN ACCORDANCE WITH SECTION 44 OF THIS CODE, SHALL TEMPORARILY ASSUME AND EXERCISE THE POWERS AND PERFORM THE DUTIES AND FUNCTIONS OF THE VICE-LOCAL CHIEF EXECUTIVE. "IN CASE OF THE TEMPORARY INCAPACITY OF THE HIGHEST-RANKING SANGGUNIAN MEMBER, THE SECOND HIGHEST-RANKING SANGGUNIAN MEMBER SHALL
TEMPORARILY ASSUME SUCH POWERS AND FUNCTIONS. SUBSEQUENT TEMPORARY INCAPACITY IN THE SAID OFFICE SHALL BE FILLED AUTOMATICALLY BY THE OTHER SANGGUNIAN MEMBERS ACCORDING TO THEIR RANKING, AS DEFINED UNDER THIS CODE. "IN SUCH CASES, THE ASSUMPTION OF THE HIGHEST- RANKING SANGGUNIAN MEMBER AS ACTING VICE-LOCAL CHIEF EXECUTIVE SHALL RESULT IN A TEMPORARY VACANCY IN THE SANGGUNIAN SEAT SO VACATED. THE TEMPORARY VACANCY IN THE SANGGUNIAN SHALL BE FILLED IN THE SAME MANNER PROVIDED UNDER SECTION 45 OF THIS CODE GOVERNING PERMANENT VACANCIES IN THE SANGGUNIAN: PROVIDED, THAT THE SUCCESSOR SO DESIGNATED OR APPOINTED SHALL SERVE ONLY FOR THE DURATION OF THE TEMPORARY ASSUMPTION, AND SHALL AUTOMATICALLY CEASE TO HOLD OFFICE AND REVERT TO HIS OR HER PRIOR STATUS UPON THE RETURN OF THE VICE-LOCAL CHIEF EXECUTIVE OR UPON THE CESSATION OF THE TEMPORARY INCAPACITY. "(B) THE TEMPORARY EXERCISE OF POWERS UNDER THIS SECTION SHALL BE LIMITED TO THOSE POWERS AND FUNCTIONS INHERENT TO THE OFFICE OF THE VICE-LOCAL CHIEF EXECUTIVE, INCLUDING THE AUTHORITY TO PRESIDE OVER SESSIONS OF THE SANGGUNIAN AND PERFORM RELATED LEGISLATIVE AND MINISTERIAL FUNCTIONS, AND SHALL NOT BE CONSTRUED AS A PERMANENT ASSUMPTION OF THE OFFICE. "(C) SAID TEMPORARY INCAPACITY SHALL TERMINATE UPON SUBMISSION TO THE SANGGUNIAN CONCERNED OF A WRITTEN DECLARATION BY THE VICE-LOCAL CHIEF EXECUTIVE THAT HE OR SHE HAS REPORTED BACK TO OFFICE. IN CASES WHERE THE TEMPORARY INCAPACITY IS DUE TO LEGAL
CAUSES, THE VICE-LOCAL CHIEF EXECUTIVE SHALL LIKEWISE SUBMIT COMPETENT PROOF THAT THE LEGAL IMPEDIMENT NO LONGER EXISTS. "(D) ANY TIE AMONG THE HIGHEST-RANKING SANGGUNIAN MEMBERS FOR PURPOSES OF TEMPORARY ASSUMPTION UNDER THIS SECTION SHALL BE RESOLVED IN THE SAME MANNER PROVIDED UNDER SECTION 44(C) OF THIS CODE. "(E) IN NO CASE SHALL THE TEMPORARY ASSUMPTION OF POWERS UNDER THIS SECTION RESULT IN A PERMANENT VACANCY, NOR SHALL IT ALTER OR AFFECT THE ORDER OF PERMANENT SUCCESSION AS PROVIDED UNDER SECTIONS 44 AND 45 OF THIS CODE. "(F) THE OFFICIAL TEMPORARILY EXERCISING THE POWERS OF THE VICE-LOCAL CHIEF EXECUTIVE SHALL SERVE ONLY FOR THE DURATION OF THE TEMPORARY VACANCY OR INCAPACITY AND SHALL RESUME HIS OR HER ORIGINAL POSITION IN THE SANGGUNIAN UPON THE RETURN OF THE VICE-LOCAL CHIEF EXECUTIVE. "(G) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS MODIFYING, EXPANDING, OR DIMINISHING THE RULES ON PERMANENT VACANCIES AND PERMANENT SUCCESSION PROVIDED UNDER SECTIONS 44 AND 45 OF THIS CODE. "(H) EXCEPT AS HEREIN PROVIDED, NO LOCAL OFFICIAL SHALL BE AUTHORIZED TO ASSUME THE POWERS, DUTIES, AND FUNCTIONS OF THE VICE-LOCAL CHIEF EXECUTIVE IN A TEMPORARY CAPACITY; PROVIDED, THAT IN THE EXCEPTIONAL EVENT THAT ALL THE MEMBERS OF THE SANGGUNIAN ARE TEMPORARILY INCAPACITATED OR SUSPENDED, SUCH THAT NO SANGGUNIAN MEMBER IS AVAILABLE TO ASSUME AS ACTING VICE-GOVERNOR OR ACTING VICE-MAYOR PURSUANT TO THIS SECTION AND
SECTION 44 OF THIS CODE, THE DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT, UPON AUTHORITY OF THE PRESIDENT, MAY DESIGNATE A QUALIFIED OFFICIAL TO TEMPORARILY PERFORM THE POWERS AND FUNCTIONS OF THE VICE-LOCAL CHIEF EXECUTIVE SOLELY TO PREVENT A HIATUS IN LOCAL GOVERNANCE, UNTIL SUCH TIME THAT A QUALIFIED SANGGUNIAN MEMBER IS ABLE TO RESUME OR ASSUME OFFICE."
Sec. 2. Implementing Rules and Regulations. - The Department of the Interior
10 and Local Government (DILG) shall promulgate the necessary rules and regulations to effectively implement the provisions of this Act within ninety (90) days from its effectivity.
Sec. 3. Separability Clause. - If for any reason, any provision of this Act is
declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect.
Sec. 4. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly.
Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved,