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

In particular, the present issue calls for consideration of the legal effect of a designation issued pursuant to AO No. 15, where the designation expressly authorizes the designated official to discharge the powers, duties, and functions of the Vice-Mayor during the temporary vacancy. It bears emphasizing, however, that this clarification does not diminish the continuing applicability of Gamboa to circumstances falling within the factual and legal situation addressed therein. The ruling remains instructive on the principle that an official who is legally unable to perform the functions of the regular presiding office cannot continue to exercise the presiding function merely by virtue of having previously occupied that office. Rather, the present interpretation recognizes that the legal consequences may differ where, as here, a separate and specific designation has been issued to fill the temporary vacancy in the Office of the Vice-Mayor and to authorize the designated official to discharge the functions of that Office. temporary vacancy, may likewise exercise the presiding function over the Sangguniang Panlungsod pursuant to Section 49(a) of R.A. No. 7160. Consequently, the Sangguniang Panlungsod need not elect a temporary presiding officer under Section 49(b) when the duly designated Acting Vice-Mayor is present and legally capable of presiding over the session. Section 49(b) becomes operative only when the Acting Vice-Mayor, as the person authorized to discharge the functions of the Office, is himself or herself unable to preside at a particular session. Page 4 of 5