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Unformatted text preview: the Sanggunian. Such construction will result in absurdity. (Navarro v. CA, G.R. No. 141307, Mar. 28, 2001) In case of vacancy in the representation of the youth and the barangay in the Sanggunian, vacancies shall be filled automatically with the official next in rank of the organization concerned. Q: State the rules in case of temporary vacancies in local positions. 206 A: 1. In case of temporary vacancy of the post of the local executive (leave of absence, travel abroad, suspension): vice‐ governor, vice mayor, highest ranking sangguniang barangay shall automatically exercise the powers and perform the functions of the local Chief Executive concerned. GR: He cannot exercise the power to appoint, suspend or dismiss employees XPN: If the period of temporary incapacity exceeds 30 working days. 2. If travelling within the country, outside his jurisdiction, for a period not exceeding 3 days: he may designate in writing the officer‐in‐charge. The OIC cannot exercise the power to appoint, suspend or dismiss employee. 3. If without said authorization, the vice‐ governor, vice‐mayor or the highest ranking sangguniang barangay member th shall assume the powers on the 4 day of absence. (Sec. 46, LGC) Q: How is temporary incapacity terminated? A: 1. It 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 – If the temporary incapacity was due to: a. Leave of absence b. Travel abroad c. Suspension. 2. If the temporary incapacity was due to legal reasons, the local chief executive should also submit necessary documents showing that the legal cause no longer exist. (Sec. 46[b], LGC) Q: May the local chief executive authorize any local official to assume the powers, duties and functions of the office other than the vice‐ governor, city or municipal vice‐mayor, or highest ranking sangguniang barangay member as the case maybe? A: GR: No. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOV...
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This document was uploaded on 03/12/2014.

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