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Section 46. (Local Government Code of 1991)

Section 46 of the Local Government Code of 1991 outlines the protocol for handling temporary vacancies in the office of local chief executives due to incapacitation. It specifies that the vice-governor, vice-mayor, or highest ranking barangay member can assume duties, with limitations on certain powers, and details the process for resuming office. Additionally, it addresses the designation of an officer-in-charge during short absences and the rights of successors if no authorization is provided.

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736 views2 pages

Section 46. (Local Government Code of 1991)

Section 46 of the Local Government Code of 1991 outlines the protocol for handling temporary vacancies in the office of local chief executives due to incapacitation. It specifies that the vice-governor, vice-mayor, or highest ranking barangay member can assume duties, with limitations on certain powers, and details the process for resuming office. Additionally, it addresses the designation of an officer-in-charge during short absences and the rights of successors if no authorization is provided.

Uploaded by

Mia Unabia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Section 46.

(Local Government Code of 1991)

 Temporary Vacancy in the Office of the Local Chief Executive. -

(a) 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 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. 

(b) Said temporary incapacity shall terminate upon submission to the


appropriate sanggunian of a written declaration by the local chief
executive concerned that he has reported back to office. In cases
where the temporary incapacity is due to legal causes, the local chief
executive concerned shall also submit necessary documents showing
that said legal causes no longer exist. 

(c) When the incumbent local chief executive is traveling within the
country but outside his territorial jurisdiction for a period not
exceeding three (3) consecutive days, he may designate in writing the
officer-in-charge of the said office. Such authorization shall specify the
powers and functions that the local official concerned shall exercise in
the absence of the local chief executive except the power to appoint,
suspend, or dismiss employees. 

(d) In the event, however, that the local chief executive concerned
fails or refuses to issue such authorization, the vice-governor, the city
or municipal vice-mayor, or the highest ranking sangguniang barangay
member, as the case may be, shall have the right to assume the
powers, duties, and functions of the said office on the fourth (4th) day
of absence of the said local chief executive, subject to the limitations
provided in subsection (c) hereof. 

(e) Except as provided above, the local chief executive shall in no case
authorize any local official to assume the powers, duties, and functions
of the office, other than the vice-governor, the city or municipal vice-
mayor, or the highest ranking sangguniang barangay member, as the
case may be.

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