REPUBLIC OF THE PHILIPPINES DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT A. Francisco Gold Condominium II Edsa Cor. Mapaymahal St.. Diluman, Quezon City DILG OPINION NO.18 S.2001 26 March 2001 MS. WILMA D. BILLMAN Acting Mayor Castillejos, Zambales Dear Madam: This has reference to your letter requesting for legal oj following issues, to wit: 1. Whether you were considered resigned upon your filing of a ce of candidacy for the position of mayor; and 2. Whether an Acting Mayor is entitled to the salaries and other emoluments being granted to the Mayor. At the outset, please be informed that Section 67 of the Omnibus Election Code (BP 881), provided that “any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy”. This section was later on modified by Section 11 of Republic Act No. 8436, otherwise known as “An Act Authorizing the Commission on Elections to Use ‘an Automated Election System in the May 11, 1998 National and Local Elections and in Subsequent National and Local Electoral Exercises”, by providing that “sxx (A)ny elective official, whether national or local, running for any office other than the one which he/she is holding in a permanent capacity, except for president and vice-president, shall be deemed resigned only upon the start of the campaign period corresponding to the position for which he/she is running xxx.” Recently, RA 9006, otherwise known as the ‘Fair Election Act” was enacted and approved by President Gloria Macapagal-Arroyo on 12 February 2001. Section 14 of RA 9006 expressly repealed Section 67 of the Omnibus Election Code and likewise declared the 3" paragraph of Section 11 as aforecited, of RA 8436 to be already ineffective.As such, there is now no law which provides for the resignation of an elective official as a consequence of his filing of certificate of candidacy for another elective position from that which he is holding in a permanent capacity. On 01 March 2001, the Commission on Elections pursuant to its mandate to issue the Implementing Rules and Regulations of RA 9006, promulgated Resolution No. 3636, which Section 26 thereof states that: “SEC. 26, Effect of filing of certificate of candidacy by elective officials.- Any elective official, whether national or local, who has filed a certificate of candidacy for the same or any other office, shall not be considered resigned from his office.” In view of the foregoing, you were not considered resigned when you filed your certificate of candidacy for the forthcoming elections. With regard to your second query, please be informed that the vice- mayor cannot validly claim the salary pertaining to the office of the mayor because his exercise of the powers and performance of the duties and functions of the mayor is merely brought about by the temporary absence of the latter (Sec. 46 [a], Local Government Code). It is just an additional function or duty of the vice-mayor and as such, he is not entitled to any further remuneration (Sec. £45 [a], Local Government Code). We hope that we have enlightened you on the matter. Very truly yours, JOSE D. LNA AR Secretary oy. Lss6/ta cc: The Sangguniang Bayan Thru: The Presiding Officer Castillejos, Zambales