Powers of an OIC Mayor to Issue Executive Orders in Emergencies (Philippine Setting)

Executive summary

In the Philippines, an Officer-in-Charge (OIC) mayor may issue executive orders (EOs) during emergencies, but the scope of those orders is derivative, temporary, and narrower than the powers of a full or “acting” mayor. The controlling framework is the Local Government Code of 1991 (LGC), read together with the Disaster Risk Reduction and Management (DRRM) Act and other emergency-relevant statutes (e.g., procurement and price stabilization laws). In brief:

Yes, an OIC mayor can issue EOs to keep the machinery of the city/municipal government running and to implement pre-existing laws, ordinances, and policies, including emergency measures that are administrative or executory in nature.
No, an OIC mayor cannot use EOs to exercise powers that the LGC withholds from an OIC (e.g., appointments, suspensions, dismissals; long-term or discretionary policy choices that go beyond “caretaker” administration), nor may an EO amend laws/ordinances, appropriate funds, or contravene higher norms.
During declared disasters, an OIC may activate/operationalize emergency protocols (evacuations, traffic rerouting, access control, resource deployment) if those measures merely execute existing legal/DRRM frameworks and do not usurp powers reserved to the sanggunian, the regular/acting mayor, or national agencies.

The details below provide the legal theory, practical boundaries, and a field checklist (plus a model EO structure).

Legal bases and status of an OIC mayor

1) Source of authority and the OIC vs. Acting Mayor distinction

Temporary vacancy & delegation. Under the LGC, when a local chief executive (LCE) is away within the Philippines but outside the locality for not more than three (3) consecutive days, the LCE may designate in writing an Officer-in-Charge to “take care of the office.” That authority is expressly limited—notably excluding the power to appoint, suspend, or dismiss employees.
Acting mayor by operation of law. If the mayor is temporarily incapacitated for other reasons (e.g., longer leave, foreign travel, suspension), the vice mayor becomes the acting mayor, with fuller powers (still subject to certain HR limits if for ≤30 working days).
Why it matters. The OIC exercises a delegated, caretaker authority and is expected to keep governmental operations continuous; the acting mayor more closely steps into the mayor’s shoes. This difference defines how far an OIC’s EO can go.

2) Power to issue executive orders—derivative, not original

The LGC vests in the mayor the power to “issue executive orders for the efficient and effective governance of the city/municipality” and to “carry out emergency measures during and in the aftermath of disasters.”
An OIC mayor’s ability to issue EOs comes only from the written designation and extends to acts necessary to administer and implement existing programs/ordinances/regulations—not to enact new policy of a legislative character, nor to make personnel or structural changes that the LGC bars.

Emergencies: what an OIC may order (and may not)

A. What an OIC may generally do by EO in an emergency

Provided there is a legal/ordinance or administrative basis already in place (e.g., the LDRRM Plan, contingency plans, traffic/health/environmental codes, previously issued comprehensive EOs of the mayor), an OIC may:

Activate the Local DRRM structures
- Convene or operationalize the Local DRRM Council (LDRRMC) and Incident Command System (ICS).
- Direct the LDRRM Office, CSWD/MSWD, health office, engineering, peace and order, and barangays to implement pre-approved contingency plans.
Implement protective actions
- Order pre-emptive/forced evacuation in high-risk zones if local protocols/ordinances and the DRRM framework authorize it.
- Set temporary traffic rerouting, control points, curfews (when grounded on existing ordinances), crowd control, and site closures for safety.
Resource mobilization within existing appropriations
- Authorize deployment of supplies, equipment, and personnel already budgeted/stockpiled (e.g., Quick Response Fund items, relief goods, fuel) according to the LDRRMF work and financial plan and DRRM manuals.
- Approve emergency disbursements that are routine/administrative and within appropriated funds and allotments, subject to accounting and COA rules.
Public health and safety directives
- Enforce local health/sanitation codes, quarantine/isolation facilities established by ordinance, temporary class suspensions (where local policy allows), and risk communications (warnings, advisories, hotline activation).
- Mandate price monitoring and market inspections via the Local Price Coordinating Council; recommend price control actions to national agencies under the Price Act when applicable.
Inter-agency coordination
- Direct coordination with national line agencies and neighboring LGUs; request augmentation/assistance; implement national directives locally.

Key qualifier: These EOs must be executory/administrative, i.e., implementing already existing laws/ordinances/policies or national directives, not creating new substantive regimes.

B. What an OIC may not do by EO—even in emergencies

Personnel powers barred to an OIC
- Make appointments, effect suspensions, dismissals, or structural reorganization of offices; designate OICs for career posts where that would amount to an appointment.
Legislative or appropriative functions
- Appropriate funds or realign beyond the authority provided in the current appropriation ordinance and DRRM/AAF rules; impose new fees/penalties; amend or repeal ordinances; declare new local offenses.
Acts reserved to other authorities
- Declare a state of calamity (a sanggunian power upon LDRRMC recommendation).
- Fix or control prices (national government power under the Price Act, though the LGU assists).
- Waive procurement rules beyond what the law already allows; emergency procurement must still track the Government Procurement Reform Act (RA 9184) and its IRR.
Ultra vires or rights-intrusive measures without basis
- EOs that curtail rights (e.g., blanket curfews, assembly restrictions, business closures) require a clear statutory/ordinance anchor, necessity, and proportionality. Without these, they are vulnerable to invalidation.

Relationship with specific emergency statutes and systems

RA 10121 (DRRM Act): The LCE chairs the LDRRMC and ensures implementation of DRRM plans. An OIC may implement these as caretaker but should avoid launching brand-new programs that require fresh appropriations or policy determinations.
RA 9184 (Procurement): Emergency procurement (e.g., negotiated procurement under “emergency cases”) is allowed if the legal predicates exist. The Head of the Procuring Entity (HOPE) is ordinarily the mayor; an acting mayor can be HOPE. An OIC may sign emergency procurement only if the delegation/designation lawfully vests HOPE functions and without crossing LGC prohibitions. When in doubt, channel urgent buys through existing framework agreements, pre-positioned supplies, or sanggunian action.
Price Act / Consumer Act: An OIC may chair/activate local monitoring, conduct inspections, and recommend price ceilings to national authorities; EOs may direct these local activities but cannot unilaterally impose price controls.
Public health laws: For outbreaks, an OIC may enforce ordinances and local health protocols, adopt DOH directives locally, and operationalize quarantine/isolation facilities already authorized by law/ordinance.

Validity tests for OIC-issued emergency EOs

When crafting or reviewing an OIC EO, apply these filters:

Authority — Is there written OIC designation covering the period and circumstances, and is the mayor’s absence within the ≤3 consecutive days rule (or other specific basis in the LGC)?
Competence — Does the EO only perform administrative/executory acts that the mayor could validly do and that are not among those barred to an OIC?
Hierarchy of norms — Is the EO consistent with the Constitution, statutes, administrative issuances, and local ordinances?
Necessity & proportionality — Are the measures necessary, time-bound, area-specific, and least-restrictive to achieve public safety?
Budget legality — Are actions within appropriations/allotments (e.g., LDRRMF/QRF) and COA rules; if not, is there proper sanggunian authority?
Process — Where required, is there LDRRMC recommendation, ICS activation, or other procedural predicates?
Documentation & review — Provide factual bases, attach plans/annexes, and set an automatic review/expiry or sunset clause upon the mayor’s return or the end of the emergency phase.

Practical do’s and don’ts for OIC emergency EOs

Do:

Anchor the EO on specific LGC provisions, DRRM plans, and existing ordinances.
Use the EO to activate, coordinate, enforce, and allocate resources already appropriated.
Include clear start/end times, affected areas, responsible offices, and reporting requirements.
Provide delegations to department heads that are administrative (not appointments) and within civil service rules.
Require post-action reporting to the LDRRMC and the sanggunian.

Don’t:

Issue EOs that create new policy regimes, alter organizational structures, or exercise HR powers.
Appropriate or realign funds by EO; seek sanggunian action if needed.
Use open-ended restrictions on movement or business without a clear legal basis and calibrated scope.
Skip COA documentation, procurement justifications, or ICS logs.

Accountability, review, and remedies

Administrative/COA review: Disbursements and procurement under OIC-signed EOs remain subject to COA post-audit; ultra vires acts risk disallowances and personal liability.
Judicial review: Stakeholders may challenge invalid EOs via Rule 65 (certiorari/prohibition/injunction) and related remedies.
Political checks: The mayor may revoke/modify OIC EOs upon return; the sanggunian may conduct inquiries and pass ordinances to clarify policy.

Model structure: Emergency Executive Order by an OIC Mayor

Title: Executive Order No. _, Series of 20 Subject: Activation of Emergency Measures for [Hazard/Event] Whereases: (a) LGC provisions on mayoral powers and OIC designation; (b) RA 10121 and local DRRM Plan; (c) Existing ordinances (cite numbers); (d) Factual basis (alerts, forecasts, ICS triggers). Sections:

Activation & Scope. Activate the ICS/LDRRMC for [areas] from [date/time] to [date/time].

Protective Actions. Pre-emptive evacuation of Zones ___; temporary closure of [sites]; traffic rerouting plan (Annex A).

Resource Deployment. Authorize release of pre-positioned supplies and use of LDRRMF-QRF for relief and rescue within existing appropriations; logistics matrix (Annex B).

Enforcement. PNP, BFP, CDRRMO/MDRRMO, Health, Engineering, and barangays to implement; penalties limited to those under existing ordinances.

Coordination. Direct line agencies and utilities to coordinate; designate EOC and official spokespersons.

Transparency & Audit. Daily situation reports; procurement/documentation rules; COA liaison.

Legal Boundaries. This EO does not cover appointments, suspensions, dismissals, appropriations, or actions barred to an OIC by law.

Effectivity & Sunset. Effective immediately and automatically lapses upon [mayor’s return/time], unless earlier lifted or superseded by the mayor/acting mayor or applicable law. Signed: [Name], OIC Mayor (by designation dated __)

Quick reference checklist (pin this on your EOC wall)

Written OIC designation covers the period and facts.
EO cites LGC + DRRM Act + specific ordinances/plans.
Measures are executory/administrative, not legislative/HR.
Funds and procurement within existing appropriations and RA 9184 rules.
ICS, roles, and annexes (maps, reroutes, evacuation sites) attached.
Coordination with national agencies documented.
Reporting, transparency, and sunset clause included.

Bottom line

In emergencies, an OIC mayor is empowered to run the response, not to re-write policy. Use executive orders to activate, coordinate, and enforce what the law and local ordinances already provide—nothing more, nothing less. This approach keeps people safe now, preserves legality for audit and review, and ensures a seamless hand-back to the mayor or acting mayor.