SEC 42

Every three years, on the second Monday of May, unless otherwise provided by law

SEC 43
This section fixes the term of the local elective officials at three years starting from noon of June 30,
1992 or such date as may be provided for by law, the exception being that of barangay officials and
members of the SK which shall begin on the 2 nd Monday of May 1994 after they shall have been elected
in the barangay elections scheduled to be held on that date.

Also important to note under this section is the three-term limit for elective local government officials,
which shall apply when the official concerned has been elected for three consecutive terms to the same
position, and that he has fully served 3 consecutive terms.

No full service of term

Take note that the official must have fully served 3 consecutive terms. There is no full service of term
when there is an involuntary interruption in the continuity of the service such as when there is an
involuntary severance from the office because of legal process. On the other hand, there is “full service
of term” where a duly proclaimed Mayor has exercised his functions from start to finish of the term, but,
was later declared as the loser in an electoral protest AFTER the term of the contested office had already
expired.

Term is not extendible

The legislature cannot extend the term of officers by providing that they should hold over until their
successors are elected where the constitution has in effect or by clear implication prescribed the term
and fixed the day on which the official term shall begin.

Term v. Tenure
We cannot deny that the terms “tenure” and “term” are often used interchangeably, some being
unaware of the difference between the two. To clarify, “term” is prescribed by the constitution and may
not be extended or shortened, while “tenure” is the period during which an officer actually holds office.
It may also be shorter than the term

Sec 44
So what happens when there is a permanent vacancy in the office of the governor, vice governor,
mayor, and vice mayor?

“Permanent vacancy”
A permanent vacancy arises when an elective official fills a higher…

The LGC is silent

In the case of Menzon v. Petilla, it was held that there is a vacancy when there is no person lawfully
authorized to assume and exercise at present the duties of the office. The LGC is silent on the mode of
succession in case of temporary vacancy in the Office of the Vice Governor. In such case, therefore, the
President, acting through the Secretary of Local Government, may remedy the situation by making an
appointing someone to assume said office.

Automatic succession
The permanent vacancies in the offices of the governor, vice governor, mayor and vice mayor shall be
filled automatically by the officials mandated by the law to do so.

If a permanent vacancy occurs in the office of the governor or mayor, the vice governor or vice mayor
concerned shall become the governor or mayor. If the vacancy occurs in the offices of the governor, vice
governor, mayor or vice mayor, the highest-ranking sanggunian member or, in case of his permanent
inability, the second highest-ranking, shall assume office. If the vacancy is in the office of the Punong
Barangay, the highest-ranking sanggunian barangay member, or in case of his permanent inability, the
second highest-ranking, shall assume office.

Note that the successors shall serve only the unexpired terms of their predecessors.

Ranking
For purposes of the right of succession, ranking in the Sanggunian shall be determined on the basis of
the Proportion of votes obtained by each winning candidate to the total number of registered voters in
each district in the immediately preceding local election

Tie
But what if there is a tie between or among the highest-ranking sanggunian members? What happens is
that, such tie shall be resolved by the drawing of lots

Sec 45
Now, we proceed to a case where permanent vacancies in the Sanggunian occurs. Section 45 applies
where section 44 cannot be applied, as when the ranks of the members of the Sanggunian are
completely depleted, in which case the vacant sanggunian office may be filled by appointment.

President, through Exec Secretary

The appointment is extended by (a) the president, through the Executive Secretary in cases where the
vacancies exist in the Sangguniang Panlalawigan and Sangguniang Panlungsod of highly urbanized cities
and independent component cities; (b) the Governor, for vacancies in the Sangguniang Panlungsod of
component cities and Sangguniang Bayan – this was the main point in the case of Farinas v. Barba; and
(c) the city or municipal mayor, for vacancies in the Sangguniang Barangay, upon the recommendation
of the Sangguniang Barangay concerned.

Party Nomination
However, only the nominee of the political party, who shall come from the same political party as that of
the sanggunian member who caused the vacancy, shall be appointed. This is to maintain the party
representation in the sanggunian as willed by the people. In this case, a certificate of nomination to the
nominee and a certificate of membership of the nominee are required. Otherwise, the appointment is
void ab initio and the person issuing the appointment may be charged administratively.
Where there is no political party however to make the nomination, the sanggunian, where the vacancy
occurs, is considered the appropriate authority for making the recommendation. Consequently, in case
of vacancy in the Sangguniang Barangay, such vacancy shall be filled by appointment made by the mayor
upon recommendation of that sanggunian. The reason is that members of the Sangguniang Barangay
are not allowed to have party affiliations.

Is the appointing authority

Yes. Since the recommendation takes the place of party nomination, the recommendation must likewise
be considered a condition sine qua non for the validity of the appointment.

Sec 46
Temporary vacancy in the office of the local chief executive

Automatic Exercise
The temporary vacancies will be filled by the vice governor, vice mayor or the highest-ranking
Sangguniang Barangay member who shall automatically exercise the powers and duties of the
temporarily absent or incapacitated local chief executive. Being automatic, there is no need for an
appointment to be made. However, they cannot exercise the power of appointment, suspension or
dismissal of employees unless the period of temporary incapacity exceeds 30 working days.

Termination
If temporary vacancy is due to physical reasons, the return of the local chief executive to office
supported by a written declaration submitted to the sanggunian that he has reported to office is enough
to terminate the temporary incapacity. If the vacancy was due to legal reasons, there is a need to submit
documents showing that the legal causes no longer subsist.

Three days or less

When local chief executives travel outside their territorial jurisdictions but within the country for three
days or less, there is no vacancy. In such case, they may designate OICs. Their failure to do so authorizes
the vice governor or, in his absence, the highest-ranking member of the sanggunian to assume the office
on the fourth day of the absence of said local chief executive.

When the travel exceeds three days, the vice governor or vice mayor or, in his absence, the highest-
ranking sangguninan member assumes the office of the local chief executive

GR, XPN
As a general rule, the designation by governors or mayors or the punong barangays of officials other
than their respective governors, vice mayors or the next highest-ranking Sangguniang Barangay
members is prohibited. The only exception to the rule is when the local chief executive travels for three
days or less, outside his jurisdiction but within the country

Note also that the mayors need permission from their respective governors and the punong barangays
from their mayors to trave outside their jurisdictions.