Power of LCE — DILG Region I opinion letter

(b) For efficient, effective and economical governance the purpose of which is the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall: (1) Exercise general supervision and control over all programs, projects, servipes, and activities of the municipal government, and in this connection, shall: xxx (x) Ensure that all executive officials and employees of the municipality faithfully discharge their duties and functions as provided by law and this Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the municipality who may have committed as offense in the performance of his official duties; xxx In Drilon vs. Lim 335 SCRA 135, 141 [19941 "The power of supervision is defined as 'the power of a superior officer to see to it that lower officers perform their functions in accordance with law. And the power of controt is "the power of an officer to alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for the latter." Dwelling on the issues, this Office opines that having the power of control and supervision over municipal officials/employees, the local chief executive has the discretion whether to allow or prohibit said official/employee from attending to legislative sessions. However, to prohibit such employee/official from attending legislative sessions while on leave is beyond the power of the Local Chief Executive because the power of control and supervision is now vested to the Acting Mayor pursuant to sec. 46 of the Local Government Code specifically. Hence, any nlemorandum or order prohibiting local officials from attending sessions while the mayor is on leave is tantamount to violation of the Local Government Code and such act can be a ground for administrative case. Now, if the Acting Mayor ordered a municipal official/employee to attend legislative heaiing and the municipal official/employee did not follow said order due to an order from the Mayor who is on leave, the municipal official/employee can be administratively liable for insubordination because the order from the Mayor who is on leave is invalid being contrary to sec. 46 of the Local Government Code. He can be held for insubordination because he did not follow the order of the Acting Mayor. Section 46. Temporary Vacancy in the Office of the Lrcal Chief Executive. - (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 offrce, the vice-governor,. ciry or municipal vice-mayor, or the highest ranking