IF Cebu Vice Gov. Gregorio Sanchez is to be believed, Cebu Province is left without a governor for three days now.

Sanchez said there was no communication from the Office of the Governor that Gov. Gwendolyn Garcia is out of the country until Oct. 5.

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“I did not receive a memorandum or any information that she is out of the country,” said Sanchez.

But Capitol consultant on information and revenue generation Rory Jon Sepulveda told Sun.Star Cebu that there is no need for a communication because it is automatic that a vice governor assumes as governor in an acting capacity, in the absence of the governor.

This statement was shared by Department of Interior and Local Government (DILG) 7 Director Pedro Noval.

“It is automatic on his part to take over especially when the governor is traveling abroad,” said Noval.

Sanchez, however, refused to exercise executive functions, saying he might be charged with usurpation of authority.

He did not sign a travel order yesterday.

“That’s an executive function,” he said. When asked if it is not an automatic deal that he serves in an acting capacity in the governor’s absence, Sanchez said, “I do not even know that she is out of the country.”

Noval, however, said the vice governor could have called the secretary or the chief of staff of the governor.

“I don’t believe that. The offices of the governor and the vice governor are in the same compound. The office of the governor is just a phone call away, he could have checked,” said Noval.

“The moment the governor leaves for abroad, it is an SOP (standard operating procedure) for the vice governor to take over unless the governor designates another OIC (officer-in-charge),” said Sepulveda.

Section 46a of the Local Government Code deals with a temporary vacancy in the local chief executive’s office. It reads: “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, except the power to appoint, suspend, or dismiss employees, which can only be exercised if the period of temporary incapacity exceeds 30 working days.”

Noval also explained that when the governor is traveling within the country for an official function not exceeding three days, she may designate an officer-in-charge in writing.

“Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employees,” Section 46c states.

In the absence of a designation order, the highest sitting official can take over on the fourth day of absence of the local chief executive.

The stint expires upon the arrival of the local chief executive, with a written declaration that he or she is already reporting back in office.

“Except as provided above, the local chief executive shall in no case authorize any local official to assume the powers, duties, and functions of the office, other than the
vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be,” Section 46e states. (JGA)