LEGAL OPINION

FOR THE WEEK

DILG Opinion No. 50 S. 2019

 ISSUE:

Whether or not the Municipal Vice-Mayor,

who has assumed the power and functions
of the Local Chief Executive due to
temporary vacancy, can hire personnel
under Job Order (JO) Contract even before
the temporary vacancy exceeds the thirty
(30) working days?
2
At the outset , this Department has been very
Thus, if the period of temporary incapacity
consistent in its previous legal opinions that the
exceeds thirty (30) working days, the Acting
Vice-Mayor acting as Acting Mayor can perform
Mayor may already proceed to exercise such
all duties and powers pertaining to the Office of
functions so as not to impair the delivery of
the Mayor, except the power to appoint,
vital public service. The Department
suspend or dismiss employees which can only
anchored its position in Section 46(a) of the
be exercised if the period of temporary
Local Government Code.
incapacity exceeds thirty (30) working days.

3
 Section 46. Temporary Vacancy in the Office of the Local
Nowhere in the language of said provision can it be
Chief Executive. – (a) When the Governor, city or municipal
found
Mayor, orthat
Punongsuch poweristo
Barangay appoint,incapacitated
temporarily suspend orto
dismiss
perform hisemployees can only
duties for physical be exercised
or legal reasons suchafter
as, the
but
lapse of thirty
not limited working
to, leave days. Therefore,
of absence, travel abroad,ifand
it is
apparent
suspensionthatfromthe incapacity,
office, as in the
the vice-governor, citycase of legal
or municipal
vice-mayor,due
incapacity or the
tohighest ranking from
suspension Sangguniang
office,Barangay
exceeds
thirtymember
working shalldays,
automatically
the power exercise the powers
to appoint, and
suspend
orperform
dismiss duties and functions of the local chief executive
may already be exercised by the acting
concerned, except the power to appoint, suspend or dismiss
mayor
employeesimmediately
which can onlyupon his or her
be exercised temporary
if the period of
assumption
temporary incapacity to that
exceeds thirtyoffice.
(30) workings days.

4
As to Job Order Contracts, the LGC provided
no time limit in hiring the same. Hence,
Section 46(a) of the LGC is not applicable
because it only refers to the hiring of
plantilla positions. Job Order Contracts can
be hired by the Acting Mayor anytime
pursuant to Section 77 of the LGC.

5
 Section 77 of the LGC
Responsibility
Provided, That for Human
the local chiefResources
executive mayand
Development.
employ emergency – The or chief executive
casual of every
employees or
local government
laborers unit wage
paid on a daily shall be responsible
or piecework for
basis
human
and hired resources
through and development
job orders for localin projects
his unit
and shall by
authorized take theall Sanggunian
personnel actions
concerned,in
accordance
without need with
of the Constitutional
approval provisions
or attestation on
by the
civil service,Commission:
Civil Service pertinent laws, andfurther,
Provided, rules That
and
regulations
the period of thereon, including
employment such policies,
of emergency or
guidelines and as
casual laborers standards
providedasin the Civil Service
this Section shall
Commission
not exceed six may(6) establish:
months.
6
 ISSUE:

Whether or not the Municipal Vice-Mayor,

who has assumed the power and functions
of the Local Chief Executive due to
temporary vacancy, can hire personnel
under Job Order (JO) Contract even before
the temporary vacancy exceeds the thirty
(30) working days?
7
 “
Accordingly, the Department answers in the
affirmative, hiring of job orders is not
considered an appointment per se, thus, their
services may be engaged regardless of whether
or not the temporary vacancy in the office of the
LCE exceeds thirty (30) working days.
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LEGAL OPINION
FOR THE WEEK

DILG Opinion No. 50 S. 2019