Transmission of Malacañang document needed before new vice-mayor can take oath

THE SANGGUNIANG Panlungsod secretary marked resigned vice-mayor Paolo Z. Duterte as “still on vacation leave” as the roll was called Tuesday, the first regular session for the year. However, Councilor Bernard E. Al-ag is expected to take his oath of office as vice-mayor anytime this week depending on the receipt by the Department of Interior and Local Government (DILG) XI of the necessary document from Malacañang. “The document which shows that President Rodrigo Duterte has accepted the resignation (of ViceMayor Paolo Duterte) is already in transit and is expected today or tomorrow,” Mr. Al-ag said during Tuesday’s regular session which he presided over still as acting vice-mayor. Mr. Al-ag said he already talked with Mayor Sara DuterteCarpio about the transition after Mr. Duterte’s resignation. Section 44 of the Local Government Code (LGC) provides that in case of a permanent vacancy in the office of the vice-mayor, the highest ranking Sanggunian member, in this case Mr. Al-ag, shall become the vice-mayor who will serve only the unexpired term of his predecessor. “A permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office.” Mr. Al-ag also cited the Code which provides that when such vacancy arises in a chartered and highly urbanized city like Davao, only the President can appoint a replacement. Section 45 that when automatic succession does not apply, the vacancy shall be filled by “the President, through the Executive Secretary, in the case of the Sangguniang Panlalawigan and the Sangguniang Panlungsod of highly urbanized cities and independent component cities.” —