Badua, Mae Ann Y.

Advanced Legal Writing (SUN 11:00-12:00)

FACTS

Mayor Jon Bon Jovi will be travelling to San Francisco, California to attend the International Mayors
League on March 1 to March 15, 2018. The Mayor informed the Municipal Vice Mayor Sid Vicious that
in the absence of the Mayor, he will be designated as the Officer-In-Charge. OIC Sid Vicious wishes to
be enlightened regarding the following issues:

1. As OIC Mayor, will he be allowed to solemnized marriage;

2. As merely an OIC Mayor, can he still be the presiding officer of the Sanggunian and
therefore approve resolutions and ordinances; and
3. As OIC Mayor, does he need to relinquish my role as presiding officer of the Sanggunian
Bayan and therefore appoint an OIC Vice Mayor

OPINION

In my opinion, Vice Mayor Sid Vicious acting as the officer-in-charge may not have the
power to solemnize marriage; or be a presiding officer of the Sanggunian and approve
resolutions and ordinances; and appoint an OIC Vice Mayor. Strictly speaking, there is a
difference between “officer-in-charge” and “acting capacity”. This difference must be made
clear to the people designated or appointed to such positions. One reason is to avoid
confusion. Second is for the people designate or appointed to such position to know the
extent of their duties and responsibilities as well as their authority.

In general, officer-in-charge is considered merely as a caretaker of an office. An

officer-in-charge has limited powers which are confined to functions of administration and
ensuring that the office continues its usual activities. On the other hand, acting capacity
entails not only the exercise of the ministerial functions attached to the position but also the
exercise of discretion. This is so considering that the person designated is deemed to be the
incumbent of the position. The officer-in-charge is authorized but is limited to the function of
maintaining an orderly and peaceful office operation and deals with immediate concern but is
not authorized to give final endorsement on crucial issues. In the case at bar, OIC Sid Vicious
cannot exercise the powers regarding the issues stated above.