Remulla: Acting vice mayor also presides over city council

Ombudsman Jesus Crispin C. Remulla clarified that an acting vice mayor is also tasked to serve as presiding officer of the Sangguniang Panlungsod.

Remulla made the clarification during his regular Saturday program, DZRH Executive Session, on 12 September, amid questions surrounding the authority of San Pablo City, Laguna, Acting Vice Mayor Shaira Aliyah Diaz.

The issue arose following the Ombudsman’s preventive suspension of San Pablo City Mayor Arcadio “Najie” Gapangada Jr. and Vice Mayor Justin Colago.

With both elected city officials suspended, the applicable order of succession resulted in First Councilor Carmela Acebedo assuming as acting mayor and Second Councilor Diaz assuming as acting vice mayor.

The discussion turned to a position raised by some members of the San Pablo Sangguniang Panlungsod that the presiding officer function does not automatically come with the position of acting vice mayor.

“Ah hindi, kasama ’yun. Kasama ’yun,” Remulla said.

He then added, “Sumulat lang sila.”

Remulla was subsequently asked that if Diaz were not recognized as presiding officer, who would preside over the Sangguniang Panlungsod.

“Maresolba namin ’yan,” the Ombudsman replied.

The controversy has centered partly on DILG Opinion No. 10, s. 2025, which involved an acting vice mayor designated while the elected vice mayor was on approved leave.

Diaz has maintained that her situation is materially different because the vacancy arose from the preventive suspension of the elected vice mayor and her assumption of the position followed the applicable order of succession.

On 25 August, the Department of the Interior and Local Government formally designated Diaz as acting vice mayor, stating that she shall “discharge the powers and perform the duties and functions of the Vice-Mayor until the termination of the vacancy, subject to all applicable law, rules and regulations.”

Diaz has asked DILG Secretary Jonvic Remulla for formal written clarification on whether the designation encompasses the presiding function under Section 49(a) of the Local Government Code.

She has said she will abide by whatever clarification the DILG issues.

The request is aimed at settling the recurring procedural question and allowing the Sangguniang Panlungsod to continue its legislative work without unnecessary uncertainty.