(NAR) VOL. 15 NOS. 3-4 / JULY / SEPTEMBER
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, 2004 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.
SECTION 2. Partial Proclamation. - In the event that the Commission on Elections has proclaimed by noon of June 30, 2004 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.
SECTION 3. LGU's Within ARMM. - (a) In the event that the Commission on Elections has not proclaimed by noon of June 30, 2004 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 OIC's for the Offices of the governor, vice-governor, mayor, vice-mayor and the members of the sanguniang panlalawigan, sanguniang panlungsod and sanguniang bayan in accordance with Section I, Muslim Mindanao Autonomy Act No. 40, amending Section 41, ARMM Local Government Code.
(b) In the event that the Commission on Elections has proclaimed by noon of June 30, 2004 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 Section 41, Chapter 2, Title II, Book I of the ARMM Local Government Code.
SECTION 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 legal officer, where the terms of the incumbents shall expire, as provided by law, at noon of June 30, 2004; Provided further, that the temporary designation of such OICs shall be co-terminous 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.
SECTION 5. Effectivity. - This Administrative Order shall take effect immediately.