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Alma and angela
1. The Local Government Code
of the Philippines
Chapter 2. VACANCIES AND SUCCESSION
Prepare by:
Almavilla Cabamungan II
Angela Llanto
2. SECTION 45. Permanent Vacancies in the Sanggunian
A. Permanent vacancies in the Sanggunian where automatic successions
provided above do not apply shall be filled by appointment in the following manner
(1.) The President, through the Executive Secretary is in the case of the sangguniang
panlalawigan and the Sangguniang panlungsod of highly urbanized cities and
independent component cities
(2.) The Governor is in the case of the sangguniang panlungsod of component cities
and the Sangguniang Bayan
(3.) The city or municipal Mayor is in the case of sangguniang barangay, upon
recommendation of the sangguniang barangay concerned
3. B. Only the nominee of the political party under which the sanggunian member
concerned had been elected
> any appointment without such nomination and certification shall be invalid
and shall be a ground for administrative action against the official responsible.
C. Who does not belong to any political party will appoint a qualified person to fill
the vacancy
> By the duty of local chief executive upon the recommendation of the
sanggunian concerned.
D. Vacancy shall be filled automatically by the official next in rank of the
organization concerned
> In case of vacancy in the representation of the youth and the
barangay in the sanggunian.
4. SECTION 46. Temporary Vacancy in the Office of the
Local Chief Executive
A. When there is temporarily out of action to perform the duties due to a legal
reasons, the highest ranking sangguniang barangay member shall automatically
exercise the powers and perform the duties
> Yes, it is possible to happen but it does not allow to appoint, suspend or dismiss
employees unless if the period of temporary incapacity exceeds within 30 days.
B. In cases where the temporary incapacity is due to legal reasons, shall also
submit necessary documents showing as it’s proof
> Then there is a tendency that it will have a submission to the appropriate
sanggunian of a written declaration by the local chief executive concerned
that he has reported back to his duty.
C. The incumbent local chief executive may designate in writing
the officer-in-charge of the said office
5. D. The highest ranking sangguniang barangay member shall have
the right to assume the powers, duties, and functions of the said
office
E. The local chief executive shall in no case authorize any local
official to assume the powers, duties, and functions of the
office
C. The incumbent local chief executive may designate in
writing the officer-in-charge of the said office
6. SECTION 47. Approval of Leaves of Absence
(a) Leaves of absence of local elective officials shall be approved as follows:
1. Leaves of absence of the governor and the Mayor shall be approved by the
President or his duly authorized representative
2. Leaves of absence of the members of the sanggunian and its employees shall
be approved by the vice-governor or city or municipal vice- mayor concerned
3. Leaves of absence of the component city or municipal Mayor shall be
approved by the governor; and
4. Leaves of absence of sangguniang barangay members shall be approved by
the punong barangay
5. Working days after receipt thereof, the application for leave of absence shall
be deemed approved.