Under the Local Government Code of 1991 (Republic Act No. 7160), the Vice-Mayor serves as the presiding officer of the Sangguniang Bayan (for municipalities) or Sangguniang Panlungsod (for cities) and automatically assumes the role of Acting Mayor when the elected Mayor faces temporary incapacity. Suspension of the Mayor—whether preventive suspension ordered by the Ombudsman, Sandiganbayan, or through administrative disciplinary proceedings—triggers this succession. The Vice-Mayor exercises the full executive authority of the local chief executive during the period of suspension, subject to specific statutory limitations designed to maintain stability and prevent abuse.

Legal Basis for Succession

Section 46 of the Local Government Code explicitly governs temporary vacancies in the office of the local chief executive, including suspension:

“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…”

This provision operates automatically upon the effectivity of a valid suspension order. No separate appointment or proclamation is required. The Vice-Mayor steps into the role of Acting Mayor immediately, assuming all executive powers attached to the mayoralty under Sections 444 (municipal mayor) and 455 (city mayor) of the Code.

Scope of Powers as Acting Mayor

The Acting Mayor possesses the complete range of executive powers, duties, and functions of the regular Mayor. These include:

Enforcement of laws and ordinances: Maintaining peace and order, implementing local legislation, and supervising all local government units and offices within the territorial jurisdiction.
Issuance of executive orders and directives: Promulgating rules necessary for the efficient administration of the local government unit (LGU).
Budgetary authority: Preparing and submitting the annual executive budget, realigning funds within legal limits, and certifying the availability of funds for expenditures.
Veto power: Exercising the power to veto ordinances or resolutions passed by the Sanggunian, including line-item veto on appropriations, subject to the same override rules applicable to a regular Mayor.
Contractual and representational authority: Entering into contracts on behalf of the LGU, representing the municipality or city in official transactions, and accepting donations or grants.
Appointment and personnel actions (with limitations, discussed below).
Disciplinary authority over local officials and employees: Imposing administrative sanctions in accordance with civil service rules.
Emergency and police powers: Declaring states of calamity, mobilizing resources during disasters, and exercising general supervision over the Philippine National Police within the LGU.
Licensing and regulatory powers: Issuing business permits, franchises, and licenses as authorized by law.

The Acting Mayor also performs ceremonial and representational functions, such as attending official events and signing official documents in the capacity of the chief executive.

Key Limitations on the Powers of the Acting Mayor

While the Acting Mayor generally exercises the full powers of the office, Section 46(a) imposes an important restriction on personnel actions:

“…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.”

During the first thirty working days of the Mayor’s suspension, the Vice-Mayor as Acting Mayor cannot make new appointments, nor suspend or dismiss employees. This safeguard prevents hasty or politically motivated personnel changes during short-term suspensions. After the thirtieth working day, the Acting Mayor gains full authority over appointments, suspensions, and dismissals, including the power to fill vacancies in offices that require mayoral appointment (subject to civil service law and Sanggunian confirmation where required).

Additional practical and legal constraints include:

The Acting Mayor cannot exercise powers that are personal to the elected Mayor or that would alter the permanent structure of the LGU (e.g., creating new offices or positions without proper authority).
Legislative functions remain with the Sanggunian. The Acting Mayor cannot vote as a member of the Sanggunian while serving in the executive capacity.
When the Vice-Mayor assumes the role of Acting Mayor, they must relinquish the presiding officer functions in the Sanggunian. The highest-ranking Sanggunian member (usually the most senior councilor) temporarily presides over sessions.

Compensation and Benefits

During the period of acting capacity, the Vice-Mayor receives the salary, allowances, and other emoluments attached to the Office of the Mayor. The regular salary of the Vice-Mayor is temporarily suspended or adjusted accordingly. Upon the Mayor’s reinstatement, the Vice-Mayor reverts to the compensation and benefits of the vice-mayoral position.

Effect on the Sanggunian and Local Governance

The assumption of the Vice-Mayor as Acting Mayor does not create a vacancy in the Sanggunian. The body continues to function with the temporary presiding officer. This arrangement ensures continuity of both executive and legislative branches. All acts performed by the Acting Mayor within the scope of authority are valid and binding on the LGU, provided they conform to law.

Termination of Acting Capacity

The Vice-Mayor’s tenure as Acting Mayor ends automatically upon:

Lifting or termination of the Mayor’s suspension by the disciplining authority or court.
Expiration of the Mayor’s term.
Permanent vacancy in the mayoralty (e.g., if the Mayor is removed, resigns, or dies), in which case the Vice-Mayor becomes the full Mayor pursuant to Section 44 of the Local Government Code.

If the suspension is lifted, the reinstated Mayor immediately resumes all powers, and the Vice-Mayor returns to the role of presiding officer of the Sanggunian.

Principles from Jurisprudence

Philippine courts have consistently upheld that the Acting Mayor during suspension exercises the powers of the office in a full and plenary manner, except for the 30-working-day limitation on personnel actions. The Supreme Court has emphasized that preventive suspension is not a penalty but a precautionary measure, and the succession mechanism protects the public interest by ensuring uninterrupted delivery of government services. Acts of the Acting Mayor are presumed valid unless proven to be ultra vires or tainted with grave abuse of discretion.

The framework balances the need for accountability (through suspension) with the imperative of continuous local governance. The Vice-Mayor, as the constitutional and statutory successor, serves as the institutional safeguard against governance paralysis.

This statutory design reflects the Local Government Code’s overarching policy of decentralization, autonomy, and accountability while preventing disruptions in essential public services during periods of leadership challenge.