Duterte gives DILG chief power to replace incapacitated local execs

President Rodrigo Duterte has authorized the secretary of the Department of the Interior and Local Government (DILG) to appoint persons to certain elective positions in case the incumbent local officials could no longer perform their duties.

Duterte gave the authority through Administrative Order 15 issued on Thursday but released to the media on Friday.

"[T]here are instances when, despite the application of the modes of succession under Republic Act 7160 [Local Government Code] or for reasons that the same cannot be applied, there remain vacant positions of elective local officials, which vacancies may disrupt the delivery of basic services and may paralyze local government operations in such areas," the order stated.

"[T]o prevent hiatus in and paralyzation of local government operations, there is an urgent need to provide rules for the foregoing exigencies, in conformity with the Constitution, the Administrative Code of 1987, RA 7160, jurisprudence and other pertinent issuances on the matter," it added.

Under the AO, when the governor, the city or municipal mayor, or the barangay chairman is temporarily incapacitated to perform his duties for physical or legal reasons, the vice governor, city or municipal vice mayor, or the highest ranking Sangguniang Barangay member, shall automatically perform the duties and functions of the local chief executive concerned.

The designated official can only exercise the power to appoint, suspend or dismiss employees if the period of incapacity exceeds 30 working days.

"For the purpose of succession, ranking in the Sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the immediately preceding local election,” the order read.

For the vice governor or vice mayor that is temporarily incapacitated, the highest ranking Sanggunian member shall be designated by the President, through the DILG Secretary or the OIC-DILG.

Temporary vacancies in the Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Baranggay shall be filled in by the President, through the SILG or the OIC-DILG.

In the event of multiple vacancies, the DILG Secretary or the OIC-DILG may make simultaneous appointments or designations, provided that the rules in the previous sections "shall be strictly observed," the AO said.

Pending the completion of designation process, the remaining local elective official/s shall supervise the day-to-day operations of the local government unit to ensure continuous delivery of services.

Should there be no remaining local elective officials to administer the daily operations, the DILG Secretary or OIC-DILG is authorized to appoint a caretaker.

The DILG Secretary or OIC-DILG is required to submit to the President a quarterly report on the implementation of the order. However, the report on all appointments or designations should be made within 15 days from such appointment or designation.

The DILG is currently headed by Secretary Eduardo Año. —NB, GMA News