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: ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 12
ADMINISTRATIVE ORDER NO. 12 -
PRESCRIBING GUIDELINES TO FILL TEMPORARY VACANCIES IN LOCAL ELECTIVE
OFFICES IN CERTAIN AREAS TO PREVENT PARALYZATION OF LOCAL GOVERNMENT
OPERATIONS IN SAID AREAS
WHEREAS, the term of office of local
elective officials elected during the May 11, 1998 elections will
expire at noon of June 30, 2001;
WHEREAS, some local elective offices will become temporarily vacant in
the event that by noon of June 30, 2001 the Commission on Elections
will not proclaim the winning candidates in the May 14, 2001 elections
for these local elective offices or declare a failure of elections in
some local government units;
WHEREAS, these temporary vacancies in local elective offices will
disrupt the delivery of basic services and may paralyze local
government operations in said areas, yet neither the existing election
laws nor the Local Government Code of 1991 provide guidelines for
filling said temporary vacancies;
WHEREAS, in order to avoid the disruption of the delivery of basic
services and the paralysis of local government operations in said
areas, there is an urgent need for the President to exercise her
constitutional powers of appointment and general supervision over local
government units;
WHEREAS, similar threats of disruption of the delivery of basic
services and paralysis of local government operations after the May 8,
1995 and May 11, 1998 elections were remedied by filling temporary
vacancies in local elective offices in accordance with Memorandum
Circular No. 123 dated June 30, 1995 and Administrative Order No. 2
dated July 6, 1998, respectively;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by the
Constitution and law, hereby promulgate the following guidelines:
Section 1. Non-Proclamation or Declaration of Failure
of Election. — In the event that the Commission on Elections has not
proclaimed by noon of June 30, 2001 the winning candidates for all the
local elective offices of a local government unit (LGU) or has declared
a failure of election in said LGU, the President may designate
Officers-in-Charge (OICs) for the offices of the governor,
vice-governor, mayor, vice-mayor and the members of the sangguniang
panlalawigan, sangguniang panlungsod and sangguniang bayan; Provided,
that the OIC must possess all the qualifications and none of the
disqualifications prescribed for the corresponding elective office.
Sec. 2. Partial Proclamation. — In the event that
the Commission on Elections has proclaimed by noon of June 30, 2001
some, but not all, of the winning candidates for the local elective
offices of an LGU, the vacant local elective offices in said LGU shall
be filled in accordance with the rule on automatic succession as
provided under Chapter 2, Title II, Book I of the Local Government Code
of 1991.
Sec. 3. LGU's Within ARMM. — (a) In the event that
the Commission on Elections has not proclaimed by noon of June 30, 2001
the winning candidates for all the local elective offices of an LGU
within the Autonomous Region of Muslim Mindanao (ARMM), the ARMM
Regional Governor shall designate OICs for the offices of the governor,
vice-governor, mayor, vice-mayor and the members of the sangguniang
panlalawigan, sangguniang panlungsod and sangguniang bayan in
accordance with Sec. 1, Muslim Mindanao Autonomy Act No. 40,
amending Sec. 41, ARMM Local Government Code.
(b) In the event that the Commission on Elections has
proclaimed by noon of June 30, 2001 some, but not all, of the winning
candidates for the local elective offices of an LGU within the ARMM,
the vacant local elective offices in said LGU shall be filled in
accordance with the rule on automatic succession as provided under
Sec. 41, Chapter 2, Title II, Book I of the ARMM Local Government
Code.
Sec. 4. General Guidelines. — (a) The OIC shall
hold office until the Commission on Elections shall have proclaimed the
winning candidate for the local elective office and until such winning
candidate shall have qualified.
(b) The OIC in the office of the local chief
executive shall perform all the regular duties and responsibilities of
such office as provided by law, except the following:
1. Appointment of local government officials and
employees; Provided, that he, may temporarily designate OICs to the
existing offices of the provincial/city/municipal administrator and the
provincial/city/municipal legal officer, where the terms of the
incumbents shall expire, as provided by law, at noon of June 30, 2001;
Provided further, that the temporary designation of such OICs shall be
coterminous with that of the OIC designated by the President to the
office of the local chief executive;
2. Suspension or dismissal of local government
officials and employees;
3. Creation and filling of positions whether regular,
contractual or casual;
4. Reorganization of local government offices;
5. Solemnization of marriages;
6. Revision of duly approved local development plans;
and
7. Approval of contracts other than those needed to
keep the day-to-day operations going.
(c) The OICs shall act with the highest degree of
integrity, impartiality and fairness at all times.
Sec. 5. Effectivity. — This Administrative Order
shall take effect immediately.
DONE in the City of Manila,
June 29, 2001.
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