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Appointing Power of OIC Mayor

The document is an opinion from the Department of Interior and Local Government (DILG) regarding whether an Acting Mayor can designate the 8th Sangguniang Bayan member as Acting Vice-Mayor. The DILG opinion states that the vice-mayor does not have the express authority to designate an officer-in-charge for the vice-mayor position. Only the mayor has the power to designate an OIC for his own office during a temporary absence. In the event of a temporary vacancy in the vice-mayor position, the rule of succession would apply instead of an OIC designation.

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1K views1 page

Appointing Power of OIC Mayor

The document is an opinion from the Department of Interior and Local Government (DILG) regarding whether an Acting Mayor can designate the 8th Sangguniang Bayan member as Acting Vice-Mayor. The DILG opinion states that the vice-mayor does not have the express authority to designate an officer-in-charge for the vice-mayor position. Only the mayor has the power to designate an OIC for his own office during a temporary absence. In the event of a temporary vacancy in the vice-mayor position, the rule of succession would apply instead of an OIC designation.

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Anonymous b4ycWuoIc
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We take content rights seriously. If you suspect this is your content, claim it here.
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DILG OPINION NO. 160 S.

1999

14 December 1999

MR. NEMESIO G. ALONSAGAY


Secretary to the Sangguniang Bayan
Sebaste, Antique

Re: Can the Acting Mayor, in his capacity as Vice-


Mayor, designate the number 8th Sangguniang Bayan
Member as the Acting Vice-Mayor?

Dear Mr. Alonsagay:

In reply to your above-captioned query, please be informed that the vice-


mayor cannot designate an officer-in-charge (OIC) in the vice-mayor’s office for
lack of an express grant of authority under the Local Government Code (RA
7160). The power to designate an OIC pertains only to the mayor whereby he
can designate an OIC to his office in case of his temporary absence as
contemplated under paragraph [c] of Section 46 of the Local Government Code.
In case of temporary vacancy in the Office of the vice-mayor, the rule of
succession shall apply (Menzon v. Petilla, G.R. No. 90762, May 20,
1991). Public officers have only those powers expressly or impliedly granted
them by law.

Hope we have guided you accordingly.

Very truly yours,

JESUS I. INGENIERO
Assistant Secretary

LS:73/La

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