Authority of the Acting Vice-Mayor to Preside over the Sangguniang Panlungsod During a Temporary Vacancy

os BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph 9 we os cs weapon fue, 402, §, 2026 SHAIRA ALIYAH “BARBIE” DIAZ Acting City Vice-Mayor City Government of San Pablo, Laguna SUBJECT: Authority of the Acting Vice-Mayor to Preside over the Sangguniang Panlungsod During a Temporary Vacancy Dear Hon. Diaz: Specifically, you seek clarification on: (1) whether an Acting Vice-Mayor who has assumed office pursuant to the applicable order of succession and has been formally designated by the Department to discharge the powers, duties, and functions of the Vice-Mayor may exercise the presiding function under Section 49(a) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991; (2) whether Section 49(b) of the same Code nevertheless requires the Sangguniang Panlungsod to elect a temporary presiding officer when the Acting Vice-Mayor is present and able to preside; and (3) whether DILG Legal Opinion No. 10, s. 2025, and Gamboa, Jr. v. Aguirre, Jr., G.R. No. 134213, 20 July 1999, apply to the circumstances obtaining in San Pablo City. Considering that these issues are interrelated, they shall be discussed jointly. At the outset, Section 49(a) of R.A. No. 7160 provides: “The vice-governor shall be the presiding officer of the Sangguniang Panlalawigan; the city vice-mayor, of the Sangguniang Panlungsod; the municipal vice-mayor, of the Sangguniang Bayan; and the punong On the other hand, Section 49(b) provides: “In the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present and constituting a quorum Shall elect from among themselves a temporary presiding officer.” “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454