By Joseph Bernard A. Marzan
It’s business as usual at the Iloilo City Hall this week, as Vice Mayor Jeffrey Ganzon has served as the acting chief executive while Mayor Jerry Treñas recovers from a recent bile duct operation.
Ganzon has been acting mayor since September 28, based on a September 27 memorandum issued by City Administrator Melchor Tan.
Department of the Interior and Local Government (DILG)-Iloilo City office chief Oscar Lim explained that Tan was designated by Treñas as officer-in-charge of the City Mayor’s Office, while Ganzon’s assumption of duties was by operation of law.
Section 46(c) of Republic Act No. 7160 (Local Government Code of 1991) allows the local chief executive to designate an officer-in-charge while traveling within the country but outside their territorial jurisdiction for up to three days.
“On the fourth day that [Treñas] hasn’t returned, the vice mayor shall assume the position as acting mayor,” Lim explained.
As acting mayor, Ganzon has all the powers of Mayor Treñas, except to appoint, suspend, or dismiss employees within 30 days of his assumption, Lim added.
Regarding the designation of an acting vice mayor, Lim said that it requires approval from the DILG Secretary, citing Section 2 of Administrative Order No. 15, issued under the Duterte administration on December 13, 2018.
This section states that when a vice governor or vice mayor is temporarily incapacitated, the highest-ranking sanggunian member or, in their absence, the second highest-ranking sanggunian member shall be designated by the President, through the DILG Secretary or officer-in-charge.
Republic Act No. 7160 does not provide for temporary vacancies in the offices of vice mayors or vice governors, only permanent vacancies under Section 44, where the highest-ranking sanggunian member assumes their duties.
In this context, Ganzon’s assumption as acting mayor does not automatically designate Councilor Sedfrey Cabaluna, the top member of the Sangguniang Panglungsod, as acting vice mayor without the authority of the DILG Secretary.
“We received [Ganzon’s] assumption [as acting mayor] on [October 1], so we rushed to send it to the [DILG regional office], and they endorsed it to [the DILG central office] in Manila,” Lim said.
As of October 7, the DILG central office had not yet made the designation.
Lim added that during Sangguniang Panglungsod sessions, members may elect a temporary presiding officer among themselves, citing Section 49 of the Local Government Code.
The only issue in this instance is the salaries of legislative branch workers in the city government, which must be signed off by Ganzon as vice mayor.
Lim said this would depend on whether the DILG appoints an acting vice mayor or Ganzon returns to his regular office once Treñas resumes his duties.
Treñas’ office initially stated on October 2 that his trip to Manila was for a semi-annual checkup, but the mayor later revealed on October 3 that he had undergone a bile duct operation.
The mayor did not specify the current status of his health.
Daily Guardian has reached out to Treñas’ spokesperson, Joy Fantilaga, for an update on the mayor’s condition, but there has been no response as of this writing.
