Power of LCE — DILG Region I opinion letter

sangguniang barangay member shall automatically exercise the powers and perform the duties and functions ofthe local chiefexecutive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if tlrc period of temporary incapacity exceeds thirty (30) working days. (b) Said temporary incapacity shall terminate upon submission to the appropriate sanggunian ofa written declaration by the local chiefexecutive concerned that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the local chief executive concerned shall also submit necessary documents showing that said legal causes no longer exist. (c) When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may desiglate in writing the officer-in-charge of the said office. Such authorization shall specify the powers and functions that th€ local oflicial concemed shall exercise in the absence of the local chief executive except the power to appointo suspend, or dismiss employees. (d) In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be, shall have the right to assume the powers, duties' and functions of the said office on the fourth (4th) day of absence of the said local chief executive, subject to the limitations provided in subsection (c) hereof. (e) Except as provided above, the local chiefexecutive shall in no case authorize any local official to assume the powers, duties, and functions of the offtce, other than the vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be. Also, the Municipal Administrator cannot impose order of the Mayor-elect who is on-leave due to travel abroad because power to implement belongs to the Acting Mayor who assume office during said travel. However, said order must be valid and should not violate any provision of law in order for the proper implementation thereof. Otherwise, the Acting Mayor can disregard said order outright. This is a legal opinion; parties are not precluded from seeking legal opinion from higher authorities. We hope that we have addressed your concern accordingly. Very truly yours, t .ll r : F t/14^a/^l MANUELVt AreSoN, CESO ilr fiegional Director i tf I t-cgaVio