Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT LOCAL GOVERNANCE REGIONAL RESOURCE CENTER 1 Regional Office | Aguila Re, Sevil, San Feenando Gy, L2 Union| MEMORANDUM To 7 ALL PROVINCIAL DIRECTORS SUBJECT : REQUESTS FOR DESIGNATION ORDERS FOR TEMPORARY VACANCY IN THE OFFICE OF THE PROVINCIAL VICE GOVERNOR, CITY / MUNICIPAL VICE MAYOR AND SANGGUNIAN DATE May 19, 2023 This is in relation to the issuance of designation order in case there is a temporary vacancy in the office of the vice-governor or city/municipal vice-mayor or sanggunian, pursuant to DILG Memorandum Circular No. 2019-21 re: Operational Guidelines and Rules in Implementing Administrative Order No. 15 series of 2018. To provide ample time for the DILG Central Office in the review of the documents for the issuance of a designation order, all supporting documents must be submitted within five (5) working days before the start of the designation period to the DILG Regional Office Anent to this, please take note of the prescribed timeline and ensure the completeness of the supporting documents to be submitted, to wit Tempo a ey mene a tae nee 1) Endorsement from DILG Provincial Office 2) Endorsement/ Recommendation Letter from DILG Field Officer 3) Letter Request of LGU for the Designation Order 4) Certification of COMELEC as to Highest Ranking Sanggunian 5) Other supporting documents deemed necessary, such as but not limited to: a) Approved Authority to Travel of Governor | Mayor / Vice Governor / Vice Mayor, as applicable b) Approved Application for Leave of Governor / Mayor / Vice Governor / Vice | Mayor, as applicable “Matino, Mahusay at Maaasahan” Tel. Nos. (072) 888 2108 + 888 2269 + 886 2294 + 888 3106 888 7695 + 607 1245 + 607 1531 607 4467 to 70Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT LOCAL GOVERNANCE REGIONAL RESOURCE CENTER 1 Regional Office | Aguila, Seva, San Fernando City La Union ‘ww.celontligov.ph WITH POLITICAL PARTY. |") Endorsement from DILG Provincial Office | 2) Endorsement/ Recommendation Letter from DILG Field Officer 3) Nomination from the Political Party Concerned 4) Certificate of Membership of the Nominee from the Highest Official of the Political Party Concerned 5) Other supporting documents deemed necessary, such as but not limited to: a) Approved Authority to Travel of Governor / Mayor / Vice Governor / Vice Mayor/ Sanggunian Concerned, as applicable | b) Approved Application for Leave of Governor / Mayor / Vice Governor / Vice Mayor! Sanggunian Concerned, as applicable | NO POLITICAL PARTY 1) Endorsement from DILG Provincial Office 2) Endorsement/ Recommendation Letter from DILG Field Officer 3) Recommendation from the Sanggunian concerned, if still constituting a quorum. 4) Other supporting documents deemed necessary, such as but not limited to: a) Approved Authority to Travel of Govemor / Mayor / Vice Governor / | Vice Mayor! Sanggunian Concerned, as applicable | b) Approved Application for Leave of Governor / Mayor / Vice Governor / | Vice Mayor! Sanggunian Concemed, as applicable Please refer to the attached DILG Memorandum Circular No. 2019-21 for the prescribed general policies and procedures in filing up temporary vacancies in certain local elective offices. For your information and appropriate action. AGNES A. DE LEON, CESO V. OIC - Refjional Director 5 7 a7 “Matino, Mahusay at Maaasahan” Tel. Nos. (072) 888 2108 + 888 2289 + 888 2294 + 888 3105 888 7695 + 607 1245 + 607 1531 + 607 4467 to 70© Signature Te! %, Sue ‘Sime. Republic of the Philippines “My peconos secTiON DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT “1.25 v0" DILGNAPOLCOM Center, EDSA comer Guezon Avenue, West Triangle, Quezon City itp: ww dig.com.ph February 12, 2019 MEMORANDUM CIRCULAR No, 2019-21 To ALL LOCAL CHIEF EXECUTIVES, LOCAL VICE CHIEF EXECUTIVES, MEMBERS OF ALL SANGGUNIANS, DILG REGIONAL, PROVINCIAL, AND CITY DIRECTORS, CLUSTER HEADS AND MLGOOS SUBJECT : OPERATIONAL GUIDELINES AND RULES IN IMPLEMENTING ADMINISTRATIVE ORDER NO. 15 SERIES OF 2018 1. BACKGROUND On 13 December 2018, President Rodrigo Roa Duterte issued Administrative Order No. 15 (AO 15) entitled "Authorizing the Secretary of the Department of the Interior and Local Government (DILG) or the Officer-In-Charge (OIC) to Fill Temporary Vacancies in Certain Local Elective Offices to Prevent Hiatus in and Paralysis of Local Government Operations”. Section 8 thereof authorized the Secretary of the Department of the Interior and Local Government (SILG) or the Officer-in-Charge (OIC-DILG) to issue the necessary rules, orders, and circulars as may be necessary for its implementation. PURPOSE This Memorandum Circular is issued to prescribe general policies and procedures in the implementation of AO 15 in filling up of temporary vacancies, multiple or otherwise, in local elective offices. Itwill likewise serve as a guide to (1) prospective nominees on the eligibility requirements, (2) non-government and people's organizations on their role during the nomination process, and (3) DILG field officers on procedures to be carried out to strictly adhere to the provisions of AO 45, GUIDING PRINCIPLES To remedy the lack of specific provisions in Republic Act No. 7160 otherwise known as the Local Government Code of 1991 in dealing with temporary vacancies in local elective offices particularly in the local sanggunians. Page tof 11 a nN OF The gt OFFICIAL “4, SRELEASED? Yor 2 s+ To prevent hiatus in and paralyzation of local government operations and ensure the uninterrupted delivery of basic services to the local constituents. POLICY CONTENT AND GUIDELINES A. Temporary Vacancy in the Office of the Local Chief Executive (LCE) Vacancy in general, according to prevailing jurisprudence, presupposes a situation when there is no person lawfully authorized to assume and exercise at present the duties of the office. LCEs pertain to governors, city mayors, municipal mayors and punong barangays. There is a temporary vacancy in the office of the governor, city mayor, municipal mayor or punong barangay if he/she is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office. 1. When a temporary vacancy exists in the office of the governor, the vice- governor, or in case of his/her inability, the highest-ranking sangguniang panlalawigan member, shall automatically exercise the powers and perform the duties and functions of the governor, except the power to ‘appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. 2. When a temporary vacancy exists in the office of the city mayor, the city vice-mayor or in case of his/her inability, the highest-ranking sangguniang panlungsod member, shall automatically exercise the powers and perform the duties and functions of the city mayor, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. 3. When a temporary vacancy exists in the office of the municipal mayor, the municipal vice-mayor or in case of his/her inability, the highest-ranking sangguniang bayan member, shail automatically exercise the powers and perform the duties and functions of the municipal mayor, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. 4. When a temporary vacancy exists in the office of the punong barangay, the first ranking sangguniang barangay member or in case of his/her inability, Page 2 0f14the second highest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties and functions of the punong barangay, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. B. Temporary Vacancy in the Office of the Provincial Vice-Governor, City Vice-Mayor and Municipal Vice-Mayor There is a temporary vacancy in the office of the vice-governor or city or municipal vice mayor if he/she is temporarily incapacitated to perform his/her duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office. 1. When a temporary vacancy exists in CT a ‘SouieagunveanyeaOTRT TONS sx coe nay te. exa? upon the report of the concerned DILG Regional Office of the said vacancy, as acting provincial vice governor or city or municipality vice mayor. He/She shall exercise the powers and perform the duties and functions of the office except the power to appoint, suspend, or dismiss officials and ‘employees in the sangguniang panlalawigan/panlungsod/bayan which can only be exercised if the temporary incapacity exceeds thirty (30) working days. 2. If the highest ranking sanggunian member mentioned in the immediately preceding Item 1 of the herein roman numeral is also incapacitated to perform as acting vice-governor or acting city or municipal vice-mayor, as the case may be, the SILG or the OIC-DILG shall designate the next highest ranking ‘sanggunian member and so on. 3. The resultant temporary vacancy in the last ranking position in the sanggunian concerned resulting from the elevation of the highest ranking sanggunian member as acting vice-governor or acting city or municipality vice-mayor, as the case maybe, shall be filled-up through a designation as sanggunian member to be issued by the SILG or the OIC-DILG from the list of nominees from the same political party under which the highest ranking member was elected in the last election. Page 3 01114, (Rankingjin\the sanggunian’shall!be determined on the basis of proportion of i the total number of registered voters in each district in the immediately preceding local election. 5. In the designation herein mentioned, ‘are conditions sine qua non, and any designation without such nomination and certification shall be void ab initio. 6. If the highest ranking sanggunian member was elected as an independent candidate, the designee for the last rank sanggunian member shall be nominated in the same manner provided for in paragraph C below. 7. So as not to disrupt the delivery of basic services in the locality, the SILG and/or OIC-DILG shall designate the acting vice-governor or acting city or municipality vice-mayor immediately upon receipt of the report from the concerned Regional Director as to the existence of a temporary vacancy in the vice local chief executive office and submission of complete supporting documents of the nominees. C. Temporary Vacancies in the Sanggunian There is a temporary vacancylies in the sangguniang panlalawigan’ panlungsod/bayan/barangay if any or all the members thereof are temporarily incapacitated to perform his/her or their duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office. "Sete Sao ue a cg « inggunian by the President through the SILG or the OIC-DILG subject to following procedures: 4.4 In case of temporary vacancy/ies in the sangguniang panlalawigan/paniungsod/bayan, only the nominee/s of the political party/ies under which the sanggunian member/s who caused the temporary vacancy had been elected in the sanggunian shall be designated. Page of 111.2 The nominee should have /allithe: qualifications" provided for the position under section 39 of the Local Government Code of 1991 and none of the disqualifications under section 40 of the same Code. 1.3. Such nomination of a temporary replacement by the political party under which the one caused the temporary vacancy has the objective of maintaining the political party representation as willed by the people in the last election. In electoral democracy, conscientious people may choose candidates not only because of their personal attributes and qualifications but also because of the ideologies of their political party affiliation. 2. Incase the tempor designate a qualified person to fill the vacancy. 3. Incase the sanggunian concerned can no longer come up with the required recommendation due to lack of quorum, the temporary vacancy/ies shall be filled up in accordance with paragraph D below of this guideline. 4. Temporary vacancies in the sangguniang barangay shall also be filled up in accordance with Item 3 above if sanggunian barangay is still constituting a ‘quorum. Otherwise, the temporary vacancies shall be filled up in the manner provided for in paragraph D below of this guideline. 5. In case of temporary vacancies in the representation of the Sangguniang Kabataan (SK) and the Liga Ng mga Barangay (LNB) in the sanggunian, said temporary vacancy shall be filled up by designation by the SILG or the OIC- DILG of the official next-in-rank of the organization concerned, as provided for in their Constitution and By-Laws. . Other Temporary Vacancies This type of vacancies in the sangguniang panlalawigan/panlungsod/bayan! barangay contemplates a situation where there is only one, two, or no member at all left due to physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office. Page soft1. Incase of sangguniang panlatawigan/panlungsod/bayan, only the nominee/s of the political parties under which the sanggunian member/s who caused the temporary vacancy had been elected shall be designated by the President, through the SILG or the OIC-DILG. 1.1 In the designation herein mentioned, a nomination and a certificate of membership of the nominee from the highest official of the political party concerned are conditions sine qua non, and any designation without such nomination and certification shall be void ab initio. 1.2 The necessary documents must be submitted to the Office of the Secretary, DILG for designation. In case the temporary vacancies in the said sanggunians are caused by ‘sanggunian members who do not belong to any political party, the President, through the SILG or OIC-DILG shall designate qualified persons to fill the vacancies. The temporary vacancy/ies shall be filled up by the President through the SILG or the OIC-DILG in accordance with the following procedures: 3.1 The person seeking to be designated must meet all of the following requirements: 3.1.1 He/She possesses all the qualifications for the position of ‘sanggunian member concerned enumerated under section 39 of the Local Government Code of 1991; 3.1.2. He/She has none of the disqualifications for an elective local position enumerated under section 40 of the Local Government Code of 1991; 3.1.3. He/She is not holding elective or appointive position in government at the time of his designation; and, 3.1.4 He/She has accomplished and submitted his updated Personal Data Sheet; 3.2 Immediately upon the existence of the temporary vacancylies, the * _concemed Regional Director shall post in the DILG website and in three, Page 6 of 11the local government unit concemed a notice states the following: whi 3.2.1. The existence of such vacancy/ies; 3.2.2. Invitation for nomination of the replacements; 3.2.3. Eligibility requirements set forth by law; 3.2.4 Submission of required documents; and, 3.2.5 Deadline for the submission of nominations and supporting documents three (3) calendar days after posting. 3.3 Above-mentioned procedure shall also apply to temporary vacancies in 3.4 The nomi the sangguniang barangay. tion and required documents shall be submitted to the concemed Regional Director on or before the deadline set in Item D-3.2.5. E. The Screening Committee 4. A Screening Committee is forthwith created by the SILG or OIC-DILG chaired by the following officials: 24 2.2 Undersecretary for Local Government (USLG) or OIC-USLG if the temporary vacancy occurred on elective positions in province, city, and municipality; Undersecretary for Barangay Affairs (USBA) if the temporary vacancy/ies occurred on elective positions in the barangay. 2. The Screening Committee shall be composed of the following members: 24. 22. 23. The concemed DILG Regional Director or OIC-Regional Director; ‘Three (3) representatives from non-governmental organizations (NGOs) selected by DILG- Regional Office; Representatives from the leagues: Page 7 of 143.3.1 Liga Ng mga Barangay Municipal Federation President if the temporary vacancy occurred in barangay located in a municipality; 3.3.2 Liga Ng mga Barangay City Federation President if the temporary ‘vacancy occurred in barangay located in a city; 3.3.3 Philippine Councilor League Provincial President if the temporary vacancy occurred in the sangguniang bayan within the province; 3.3.4 Provincial Board Member League President if the temporary vacancy occurred in the sangguniang panlalawigan of the province. Provided, however, that should the temporary vacancy/ies involve/s herein mentioned official/s, the Vice President of their respective league shall become the member. 3. Within five (5) days from its initial convening, the Screening Committee shall submit to the SILG or the OIC-DILG a shortlist of the qualified nominees. 4. The SILG or OIC-DILG, within five (5) days from the receipt of the shortlist shall issue the designation to complete the set of local officials; 5. The list of designated officials shall immediately be transmitted by the Office of the Secretary to the Bureau of Local Government Supervision (BLGS) and the National Barangay Operations Office (NBOO) as the case may be, for the latter's preparation of the required report mentioned in Items VIII.2 and IX.2 of this Guideline. 6. The designated official/s shall enter upon the discharge of their duties only after having been issued their corresponding designations and after having taken the requisite oaths of office before any of the officers who have the general authority to administer oaths pursuant to existing laws, rules and regulations. POWERS OF THE DESIGNATED OFFICIALS 1. The designated officials shall exercise the powers and perform the duties and functions of the local government position concemed as provided by law, except making or participating in any decision related to the following: Page 8 of 11.4 Appointment, suspension or dismissal of local government officials and ‘employees, except as those allowed under the Local Government Code of 1991 and other laws; 4.2 Creation and filling-up of positions whether regular, contractual or casual; 1.3 Reorganization of local government offices; 1.4 Solemnization of marriages; 1.5 Revision of duly approved local development plans; and 1.6 Approval of contracts other than those needed to keep the day-to-day operations going 2. Asa form of exemption to item V paragraph 1 sub-item 1.6, when public interest so requires and necessary to prevent disruption in the delivery of service, the person designated may be given the authority to approve contracts including engaging in or renewing contracts of service, subject to the following requirements: 2.1 Designated official shall submit a written request to the SILG or the OIC- DILG together with supporting documents immediately upon the ‘occurrence of an event or situation imbued with public interest or which prevents the disruption in the delivery of service in the LGU; 2.2 Such authority to approve contracts, including engaging in or renewing contracts of service, is within the duties and functions of the requesting designated official/s as duly certified by the concerned Human Resource Officer. 3. A designate shall act with highest degree of integrity, impartiality and fairness at all times. VI. CARETAKER OF THE LGU 1. Pending the completion of selection and designation processes referred to in the immediately preceding sections, the remaining local elective official/s shall Page a of14vil. vil. administer the day-to-day operations of the concemed local government unit to ensure continuous and effective delivery of public services therein; 2. Where there are no remaining local elective officials to administer the day-to- day operations of the LGU, the DILG or the OIC-DILG shall designate either the Regional Director, Assistant Regional Director, or Provincial Director, in a concurrent capacity, as caretaker of LGU until such time the SILG or the OIC- DILG shall have designated the officials. 3. As caretaker, the concerned DILG Field Officer cannot perform the regular duties, responsibilities, functions and powers of the Local Chief Executive, ‘except to oversee and ensure the continued delivery of basic services and to approve disbursements involving regularly recurring administrative expenses, such as payrolls for employees, expenses for the light, water, telephone, telegraph, among other utility and telecommunication services and other rentals. ROLES AND RESPONSIBILITIES OF THE LLLS The LLLS shall perform the following responsibilities: 1. Review the nomination submitted by the Screening Committee and draft the necessary Designation to be signed by the SILG or the OIC-DILG designating the chosen nominee from the shortlist through the process provided in this Memorandum; 2. Provide assistance to the SILG or the OIC-DILG, concerned Undersecretary, and bureaus relative to any and all legal issues and queries relative to the designation process as provided for by this Memorandum. ROLES AND RESPONSIBILITIES OF THE BLGS The BLGS shall perform the following responsibilities: 4. Incase of temporary vacancies in the sangguniang panlalawigan/panlungsod/ bayan, transmit the approved designation within three calendar (3) days from the said designation to the concerned official, copy furnished the DILG Regional Director; 2. Prepare a detailed report on all designations made by the SILG or the OIC- DILG, covering the process of nomination until actual designation, together with Page tof 4x xi. xi. all the documents pertinent thereto, and submit it to the Office of the Secretary for submission to the Office of the President. ROLES AND RESPONSIBILITIES OF NBOO The NBOO shall perform the following responsibilities: 1. In case of temporary vacancies in the sangguniang barangay, transmit the approved designation within three (3) calendar days from the said designation to the concerned official, copy furnished the DILG Regional Director; and 2. Prepare a detailed report on all designations made by the SILG or the OIC- DILG, covering the process of nomination until actual designation, together with all the documents pertinent thereto, and submit it to the Office of the Secretary for submission to the Office of the President. ROLE AND RESPONSIBILITY OF THE REGIONAL OFFICES 1. Serve as the Technical Secretariat for the Screening Committee in the conduct of its official business in the region. ACCOUNTABILITIES AND SANCTIONS Non-compliance to the provisions of this Memorandum Circular shall be dealt with in accordance with pertinent laws, rules, and regulations. EFFECTIVITY This Memorandum Circular shall take effect immediately and shall remain in force and effect unless otherwise superseded or modified by subsequent policies and other issuances. All DILG Regional Directors are hereby directed to cause the widest dissemination of this Circular. Page 11 of 1MALACANAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES ADMINISTRATIVE ORDER NO. 15 AUTHORIZING THE SECRETARY OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG) OR THE OFFICER- IN-CHARGE (OIC) TO FILL TEMPORARY VACANCIES IN CERTAIN LOCAL ELECTIVE OFFICES TO PREVENT HIATUS IN AND PARALYSIS OF LOCAL GOVERNMENT OPERATIONS WHEREAS, Section 46 of Republic Act No. 7160 (RA 7160), otherwise known as the Local Government Code of 1991, as amended, provides for the rules of succession when there is a temporary vacancy in the Office of the Local Chief Executive; WHEREAS, there being a lack of provision in RA 7160 relative to the filing of temporary vacancies in local elective positions outside those in Section 46 of RA 7160, jurisprudence has recognized that the rules of succession on permanent vacancies under Sections 44 and 45 of RA 7160 may apply to temporary vacancies; WHEREAS, there are instances when, despite the application of the modes of succession under RA 7160 or for reasons that the same cannot be applied, there remain vacant positions of elective local officials, which vacancies may disrupt the delivery of basic services and may paralyze local government operations in such areas; WHEREAS, to prevent hiatus in and paralyzation of local government operations, there is an urgent need to provide rules for the foregoing exigencies, in conformity with the Constitution, the Administrative Code of 1987, RA 7160. jurisprudence, and other pertinent issuances on the matter, NOW, THEREFORE, |, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby promulgate the following SECTION 1. Temporary Vacancy in the Office of the Local Chief Executive. When the governor, city or municipal mayor. or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member, or, in case of inability of such officials, the highest ranking sanggunian member or, in the case of a barangay, the second highest ranking sangguniang barangay member, shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. THE PRESIDENT OF THE PHILIPPINESFor purposes 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. SECTION 2. Temporary Vacancies in the Offices of the Vice-Governor or Vice-Mayor. When the vice-governor or vice-mayor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the highest ranking sanggunian member or, in case of his inability, the second highest ranking sanggunian member, shall be designated by the President, through the Secretary of the DILG (SILG) or the OIC-DILG SECTION 3. Temporary Vacancies in the Sanggunian. (A) Temporary vacancies in the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay shall be filled by designation by the President, through the SILG or the OIC-DILG. (8) Except for the sangguniang barangay, only the nominee of the political party under which the sanggunian member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy in the ‘sanggunian shall be designated in the manner hereinabove provided. The person so designated shall come from the same political party as that of the sanggunian member who caused the temporary vacancy and shall serve for the duration of the temporarily vacant office (C) _ In case the temporary vacancy is caused by a sanggunian member who does not belong to any political party, the President, through the SILG or the OIC-DILG, shall, upon recommendation of the sanggunian concemed, if stil constituting a quorum, designate a qualified person to fill he vacancy (0) _ Incase of temporary vacancies in the representation of the youth and the barangays in the sanggunian, said vacancy shall be filled by designation by the President, through the SILG or the OIC-DILG, of the official next in rank of the organization concerned. {E) _ In case of temporary vacancies in the sangguniang barangay, the President, through the SILG or the OIC-DILG, shall, upon recommendation of the sangguniang barangay, if still constituting a quorum, designate a qualified person to fil the vacancy. SECTION 4. Other Temporary Vacancies. In local government units (LGU) where, despite the application of the modes of succession as provided in the above sections or for reasons which render the said modes of succession inapplicable, there remain vacancies in certain local elective positions which may effectively hamper the operations of the LGU concerned, the President, through the SILG or the OIC-DILG, shall appoint or designate a qualified person. SECTION 5. Qualifications and Powers of the Person Desi person so designated pursuant to Sections 2, 3, and 4 of this Administrative Order shall exercise the powers and perform the duties and functions of the localgovernment position concemed as provided by law, except making or participating in any decision related to the following (1) Appointment, suspension or dismissal of local government officials and employees; (2) Creation and filing-up of positions whether regular, contractual or casual, (3) _ Reorganization of local government offices; (4) Solemnization of marriages; (5) Revision of duly approved local development plans; and (6) Approval of contracts other than those needed to keep the day-to-day operations going Provided, that the person designated shall act with the highest degree of integrity, impartiality and fairness at all times; Provided further, that the person duly designated must possess all the qualifications and none of the disqualifications prescribed for the corresponding elective office. Notwithstanding the abovementioned limitations on the duties and functions of the person so designated, the SILG or OIC-DILG may grant said person, when public interest so requires and when necessary to prevent disruption in the delivery of service, the authority to approve contracts, including engaging in or renewing contracts of service, provided that such authority is within the duties and functions of the local government position concemed. SECTION 6. Simultaneous Appointment or Designation. In case of multiple vacancies under the circumstances provided in Sections 1, 2, 3, and 4, the SILG or the OIC-DILG may make simultaneous appointments or designations, provided that the rules in the previous sections shall be strictly observed. SECTION 7. Caretaker of the LGU. Pending the completion of selection and appointment or designation processes referred to in the previous sections, the remaining local elective official/s shall administer the day-to-day operations of the LGU to ensure the continuous and effective delivery of public services therein Where there are no remaining local elective officials to administer the day-to- day operations of the LGU, the SILG or the OIC-DILG is hereby authorized to designate a caretaker therein. SECTION 8. Authority to Issue Rules. The SILG or the OIC-DILG shall issue the necessary rules, orders, and circulars as may be necessary for the implementation of this Administrative Order SECTION 9. Reportorial Requirements. The SILG or the OIC-DILG shall submit to the President, through the Executive Secretary, a quarterly report on the implementation of this Order. However, the report on all appointments or designations made pursuant to this Order should be made within fifteen (15) days from such appointment or designation. SECTION 10. inter-agency Cooperation. All government agencies in the Executive Branch are directed to cooperate and extend to the DILG all appropriate assistance to carry out the objective of this Order.SECTION 11. Separability Clause. If any section or part of this Order Is declared to be unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect SECTION 12. Repealing Clause. All orders, rules and regulations, issuances, or any part thereof inconsistent with the provisions of this Order are hereby repealed, amended or modified accordingly. SECTION 13. Effectivity. This Order shall take effect immediately after its publication in a newspaper of general circulation. DONE, in the City of Manila, this 13tlay of December in the year of Our Lord, Two Thousand and Eighteen. Ke” By the President ae ec SALVADOR C. MEDIALDEA Executive Secretary ‘aso 7016 - 001889