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

development must be taken into account in determining the extent of the authority of an Acting Vice-Mayor duly designated under the said framework. Thus, where the designation expressly provides that the designated official shall discharge the powers, duties, and functions of the Vice-Mayor during the period of the temporary vacancy, there is sufficient basis to consider the presiding function under Section 49(a) as included within the authority conferred by the designation, absent any express limitation to the contrary. To hold otherwise would result in a situation where an official is designated precisely to fill the temporary vacancy and discharge the functions of the Vice-Mayor, yet would be unable to perform one of the functions expressly attached by law to that Office However, this does not render Section 49(b) of R.A. No. 7160 inoperative. Section 49(b) is intended to provide a mechanism whenever the regular presiding officer is unable to preside at a particular Sanggunian session. Its operation Presupposes an actual inability on the part of the person legally authorized to exercise the presiding function. Accordingly, the election of a temporary presiding officer under Section 49(b) becomes necessary only when the duly designated Acting Vice-Mayor is himself or herself unable to preside at a particular session, such as by reason of physical or legal incapacity, absence, or other circumstance recognized by law. is legally authorized to preside is unable to do so. The latter provision should not be understood as requiring an election in every instance where the regular presiding function is being exercised by a duly designated Acting Vice-Mayor who is present and able to perform such function. The Department is mindful that, in previous opinions, including DILG Legal Opinion Nos. 22, s. 2012, 117, s. 2024, and 10, s. 2025, it took the position that designation as Acting Vice-Mayor does not, by itself, confer the authority to preside over the Sanggunian, relying principally on the doctrine laid down in Gamboa, Jr. v. Aguirre, Jr. Page 3 of 5