5. Vacancies and Succession of Local Officials

Clustering is valid only when:

• There are multiple vacancies;
• Vacancies refer to the same position;
• Vacancies occur at the same time.

The presiding officer shall vote only to break a lie.

The presiding officer shall vote only to break a tie.

A temporary presiding officer shall be elected from and by the members present and constituting a quorum, in the event of the inability of the regular presiding officer to preside at a session. The temporary presiding officer shall certify within 10 days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided.

VACANCIES AND SUCCESSION

Permanent Vacancy

Grounds for Permanent Vacancy:

• Elective official fills a higher vacant office
• Refuses to assume office
• Fails to qualify
• Dies
• Removed from office
• Voluntary resigns
• Permanently incapacitated to discharge the functions of his office

Filling of Vacancy:

• Automatic succession
• Appointment

General Rule: The successor (by appointment) should come from the same political party as the Sanggunian member whose position has become vacant.

Exception: case of vacant in the Sangguniang barangay.

Ranking - Determined on the basis of proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election.

Appointment of OIC

The local chief executive can designate in writing an OIC if he is traveling within the country but outside his territorial jurisdiction for a period not exceeding 3 consecutive days. The OIC cannot exercise the power to appoint, suspend or dismiss employees.