Gamboa vs. Aguirre

A Vice-Governor who is concurrently Acting Governor is deemed temporarily incapacitated to preside over SP sessions, because the assumption of gubernatorial powers creates a corresponding temporary vacancy in the office of the Vice-Governor, requiring the SP members to elect a temporary presiding officer under Section 49(b) of the Local Government Code.

In the 1995 elections, Rafael Coscolluela was elected Governor of Negros Occidental, petitioner Romeo J. Gamboa, Jr. was elected Vice-Governor, and respondents Marcelo Aguirre, Jr. and Juan Y. Araneta were elected members of the Sangguniang Panlalawigan. Under R.A. 7160 (the Local Government Code of 1991), the Governor was deprived of the power to preside over the SP and was no longer considered a member thereof, a departure from the prior regime under B.P. Blg. 337 where the Governor served as both chief executive and presiding officer of the local legislative body. The new Code vested local legislative power exclusively in the SP and designated the Vice-Governor as its presiding officer, thereby delineating executive and legislative powers at the provincial level to ensure a system of check and balance.

In the 1995 elections, Rafael Coscolluela was elected Governor of Negros Occidental, petitioner Romeo J. Gamboa, Jr. was elected Vice-Governor, and respondents Marcelo Aguirre, Jr. and Juan Y. Araneta were elected members of the Sangguniang Panlalawigan. Sometime in August 1995, Governor Coscolluela designated petitioner as Acting Governor for the duration of the former's official trip abroad until his return.

When the SP held its regular session on September 6, 1995, respondents questioned petitioner's authority to preside in view of his designation as Acting Governor and asked him to vacate the Chair. Petitioner refused. In another session, seven members of the SP voted to allow petitioner to continue presiding, while four voted against and one abstained.

On September 22, 1995, respondents filed before the lower court a petition for declaratory relief and prohibition. On October 2, 1995, the Governor re-assumed his office. The trial court thereafter rendered a decision declaring petitioner "temporarily legally incapacitated to preside over the sessions of the SP during the period that he is the Acting Governor" and prohibiting him from presiding in the future under such circumstance. Aggrieved, petitioner filed a petition for review before the Supreme Court. Although the case had become moot and academic due to the expiration in 1998 of the terms of office of the local officials involved, the Court nonetheless resolved the common but novel legal issue under existing local government laws.

• Presiding Officer Authority: Whether an incumbent Vice-Governor, while concurrently the Acting Governor, may continue to preside over the sessions of the Sangguniang Panlalawigan.

• Presiding Officer Authority: No. The Vice-Governor, when acting as Governor, is deemed temporarily incapacitated to preside over SP sessions, creating a corresponding temporary vacancy in the office of the Vice-Governor that triggers the election of a temporary presiding officer under Section 49(b) of the Local Government Code.

• Presiding Officer Authority: Under R.A. 7160, the Governor was deprived of the power to preside over the SP and is no longer considered a member thereof, as local legislative power is vested exclusively in the SP under Section 48, whose membership is enumerated in Section 467. By the rule of legal hermeneutics that when the law enumerates, it necessarily excludes, the Governor is deemed excluded from SP membership. The new Code disbanded the union of executive-legislative powers in the office of the local chief executive that existed under B.P. Blg. 337, so that either department now comprises different and non-intermingling official personalities with the end view of ensuring check and balance. When the Vice-Governor exercises the powers and duties of the Governor under Section 46, he does not assume the office of Governor but merely "acts" as Governor; his assumption does not create a permanent vacancy in his position as Vice-Governor. However, the nature of gubernatorial duties calls for a full-time occupant, and the policy against performing dual functions in both offices means the Vice-Governor cannot simultaneously exercise the duties of both offices. The designation of the Vice-Governor as Acting Governor creates a corresponding temporary vacancy in the office of the Vice-Governor, because in the eyes of the law, the office to which he was elected is left barren of a legally qualified person to exercise the duties of the Vice-Governor. This event constitutes an "inability" on the part of the regular presiding officer to preside during SP sessions, triggering the remedy under Section 49(b): the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. The mode of succession provided for permanent vacancies in the office of the Vice-Governor under the new Code may likewise be observed in the event of a temporary vacancy, given the Code's silence on the latter contingency.

• Expressio Unius Est Exclusio Alterius — When the law enumerates the members of a body, it necessarily excludes those not mentioned. The Court applied this rule to hold that the Governor, not being included in the enumeration of SP membership under Section 467 of R.A. 7160, is deemed excluded therefrom, unlike under the old Code where the Governor was both chief executive and presiding officer.

• Effective Absence Doctrine — Absence of an officer should be reasonably construed to mean "effective" absence, that is, one that renders the officer concerned powerless, for the time being, to discharge the powers and prerogatives of his office. A vacancy exists when there is no person lawfully authorized to assume and exercise at present the duties of the office. The Court applied this doctrine to hold that the Vice-Governor's designation as Acting Governor creates a temporary vacancy in his own office, as there is no legally qualified person to exercise the duties of the Vice-Governor during such contingency.

• Separation of Executive and Legislative Powers at the Local Level — Under R.A. 7160, the union of executive-legislative powers in the office of the local chief executive was disbanded, so that either department comprises different and non-intermingling official personalities, ensuring a better delivery of public service and a system of check and balance. The Court relied on this structural principle to conclude that a Vice-Governor acting as Governor cannot simultaneously exercise legislative functions as presiding officer of the SP.

• "A Vice-Governor who is concurrently an Acting Governor is actually a quasi-Governor. This means, that for purposes of exercising his legislative prerogatives and powers, he is deemed as a non-member of the SP for the time being." — This passage articulates the ratio decidendi: the Vice-Governor's assumption of gubernatorial duties effectively removes him from the SP for legislative purposes, precluding him from presiding.

• "the creation of a temporary vacancy in the office of the Governor creates a corresponding temporary vacancy in the office of the Vice-Governor whenever the latter acts as Governor by virtue of such temporary vacancy." — This formulation establishes the doctrinal linkage between the two vacancies and is the analytical cornerstone for triggering Section 49(b)'s remedy of electing a temporary presiding officer.

• "Not being included in the enumeration, the Governor is deemed excluded applying the rule in legal hermeneutics that when the law enumerates, the law necessarily excludes." — This passage applies the expressio unius doctrine to the SP's composition under R.A. 7160, distinguishing the new Code from the old Code where the Governor was a member and presiding officer.

• Felwa vs. Salas, 18 SCRA 606 — Cited for the proposition that the authority vested by law in provincial boards involves primarily a delegation of some legislative powers of Congress, establishing the legislative character of SP functions as distinct from the executive nature of the Governor's and Vice-Governor's offices.

• Paredes vs. Antillon, 3 SCRA 662 — Cited for the doctrine that if a Mayor who is out of the country is considered "effectively absent," the Vice-Mayor should discharge the mayor's duties; applied by analogy to the Vice-Governor as similarly situated.

• Bautista vs. Garcia, 6 SCRA 603 — Cited for the definition of "effective absence" as one that renders the officer concerned powerless, for the time being, to discharge the powers and prerogatives of his office.

• Menzon vs. Petilla, 197 SCRA 251 — Cited for the definition of vacancy (there is a vacancy when no person is lawfully authorized to assume and exercise the duties of the office) and for the proposition that the mode of succession for permanent vacancies may be applied to temporary vacancies in the absence of a specific statutory provision.

• Section 49(a), R.A. 7160 (Local Government Code of 1991) — Provides that the Vice-Governor shall be the presiding officer of the SP and shall vote only to break a tie. Applied as the baseline rule establishing the Vice-Governor's regular presiding function.

• Section 49(b), R.A. 7160 — Provides that in the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. Applied as the operative remedy when the Vice-Governor is acting as Governor.

• Section 46, R.A. 7160 — Governs temporary vacancy in the office of the local chief executive; provides that the Vice-Governor shall automatically exercise the powers and perform the duties and functions of the Governor when the latter is temporarily incapacitated. Applied to establish the statutory basis for the Vice-Governor's designation as Acting Governor.

• Section 44, R.A. 7160 — Governs permanent vacancies in the offices of Governor, Vice-Governor, Mayor, and Vice-Mayor; provides the succession rules. Applied by analogy to temporary vacancies in the Vice-Governor's office, given the Code's silence on that contingency.

• Section 466, R.A. 7160 — Enumerates the powers, duties, and compensation of the Vice-Governor, including serving as presiding officer of the SP and exercising the powers of the Governor in cases of temporary vacancy under Section 46.

• Section 467, R.A. 7160 — Defines the composition of the SP, enumerating the Vice-Governor as presiding officer, regular elective SP members, sectoral representatives, and ex-officio members. Applied to demonstrate that the Governor is excluded from SP membership under the rule of expressio unius est exclusio alterius.

• Section 48, R.A. 7160 — Vests local legislative power in the SP for the province. Applied to establish the legislative character of the SP as distinct from the executive power vested solely in the Governor under Section 465.

• Section 465, R.A. 7160 — Vests local executive power in the provincial Governor as chief executive. Applied to reinforce the separation of executive and legislative powers under the new Code.

Davide, Jr., C.J., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, and Gonzaga-Reyes, JJ.