CEBU, Philippines - The Department of Interior and Local Government-Region 7 has directed Bayawan City local government operations officer Jesus Robel Sastrillo to enforce an order on who shall sit as acting mayor in the absence of the mayor, who was on leave since last week.
The directive came after DILG-Negros Oriental provincial director Farah Gentuya asked for a clarification on the issue after City Mayor German Sarana took a leave of absence for a medical checkup in Manila, and designated City Administrator Victoriano Alabastro as officer in charge of the city government.
After three days of absence, Sarana extended Alabastro’s designation, and this prompted Vice Mayor Ismael Martinez to insist that he is now the acting mayor.
Martinez reportedly called a meeting with the City Hall department heads, but Gentuya said she was yet to receive from Sastrillo a confirmation on the rightful acting mayor of Bayawan City.
Gentuya said she was not privy on the issue but was certain about provisions of the Local Government Code of 1991 in case of temporary vacancy in the office of the mayor, as provided for in Section 46 (c, d) of Republic Act 7160, and that Sastrillo was already directed by the DILG-7 to resolve the matter.
The local government law provision states: “When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three consecutive days, he may designate in writing the officer-in-charge of the said office.”
The OIC shall perform functions, based on the authorization, except the power to appoint, suspend or dismiss employees, the law says.
On the fourth day of absence, if the mayor fails or refuses to designate an OIC, the vice governor or the vice mayor, or the highest-ranked council member shall have the right to assume the powers, duties and functions of the mayor on the fourth day of the latter’s absence.
The laws, however, provides that, “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 Barangay Council member, as the case may be.” (FREEMAN)