eins Republic of te Philipines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA corner Quezon Avenue, West Triangle, Quezon City http: iwww.dlg.com.ph 12 NOY 2013 HON. PEDRO E. FUERTES ‘Acting Mayor : CILG OPINION NO. 22S. 201 Panglao, Bohol Dear Hon. Fuertes This has reference to your letter dated 08 June 2018, which the Central Office received on 17 September 2018, pertinent portion of which reads: 22x following the rule on succession, as the Vice-Mayor of Panglao, your Office issued an Order placing the undersigned as the Acting Mayor of Panglao, Bohol who assumed a6 such last Jannary 10, 2048, However, he assumed as full-pledged municipal mayor last March 08, 2018. The first (I) ranking sangguniang bayan member likewise succeeded me as the Vice-Mayor. With the elevation of the first (1*) ranking sangguniang bayan member to the Vice-Mayor position, there exists a vacancy at the Office of the Sangguniang Bayan. We also learned that the camp of Mayor Montero is seeking legal remedy before the Court of Appeals on the Order of Dismissal issued by the Office of the Ombudsman which until the present is stil pending, Hence, the undersigned is seeking your legal opinion on this matter so that the ‘municipality can proceed with PERMANENT REPLACEMENT of the sanggiiniang bayan member following the rules on sucession as provided by law. Section 44! of Republic Act No. 7160 or the Local Government Code of 1991 categorically mentions “removal from office"as one of the grounds that will give way toa permanent vacancy. The same provision mandates the application of the rale of amomatic succession in case of permanent yacancy® Hence, at the time the Ombudsman directive for the dismissal of Mayor Leonila Montero was served upon her and it is already settled that Ombudsman’ directives are * sac [ON 4, Permanent Vacancies in the Offices of the Governor, View or purposes of this Chapter, a permanent vacancy alses when an elective official lea higher vacant offic, refuses to acuine office, fils to qualify, dis, Is removed from office, voluntarily resigns, oF otherwise permanently {incapacitated to discharge the functions of his office soe Subsoquent vacancies in the said office shall be filled automatically by the other sunggunian members according ‘to die eanbing as defined heres.” wvernor; Mayor; and Vice-Mayor. —executory, the aforesaid Section 44 of the Local Government Code of 199] may already be applied. However, the Department is fully aware that Mayor Montero therealter availed egal remedies before the Contt of Appeals to astail her dismissal order, In fact, she obvained a 28 June 2018 Decision from the Court of Appeals, wherein said Court set aside the Ombudsman Joint Order dated 19 January 2018. While the Department is cognizant of Section 44, we find it prudent to apply Section 46 of the Local Government Code of 1991 on temporary vacancy in the Office of the Mayor due 10 legal reasons since your assumption as Acting Mayor is still subject to the outcome of the aforesaid case befare the Coutt of Appeals and eventually, the Supreme Court and apply Section 44 only when the dismissal is renlered final and executory by the court. We hope to have addressed your concern accordingly. Very truly yours, BY AUTHORITY OF TH sna MARIV#{L.C, SACENDONCILLO, CESO III Assistaht Secretary for Local Government o Copy Fished sECRETARY: RD LEOCADIOT. TROVELA DILG-Region vit ‘Son, Lau, Cab Cy