Legal Basis for Vice Mayor Ruanto’s Appointment as Acting Mayor of Infanta, Quezon Clarified by DILG Region IV-A

The Department of the Interior and Local Government (DILG) Region IV-A clarified the legal basis for Vice Mayor LA Ruanto’s assumption as Acting Mayor of Infanta, Quezon, after Mayor Filipina Grace America was placed under a 45-day preventive suspension by the Provincial Government of Quezon.

Despite the order issued through Memorandum Order No. 427, Series of 2024, by Governor Dr. Helen Tan, based on Provincial Resolution No. 2024-295 of the Sangguniang Panlalawigan, Mayor America refused to comply, citing her lawyer’s interpretation of the order. This led to confusion among the residents and disrupted municipal operations, as Vice Mayor Ruanto acted as the temporary mayor.

To seek guidance and clarification, Ruanto wrote to DILG Region IV-A to determine who, between him and Mayor America, should assume the executive role during America’s preventive suspension.

In the DILG Region IV-A’s response, it was explained that Ruanto had the legal right to act as the temporary mayor due to the vacancy created by America’s suspension. According to the Local Government Code, when an official is suspended, they are prohibited from performing their duties until the suspension is over. The preventive suspension aims to prevent the official from influencing the ongoing investigation related to the complaint filed against her.

“In all cases of preventive suspension, the suspended official is barred from performing the functions of their office and does not receive salary during the suspension, but they do not lose their title to the office. Loss of office only occurs if the official is found guilty or liable. The purpose of preventive suspension is to prevent the respondent from influencing witnesses and jeopardizing the integrity of evidence.”

It should be noted that Mayor America was suspended for 45 days in relation to Administrative Case No. 2024-04, filed by Councilors Mannie America, Sherwin Avellano, and Kirk Gurango. The charges included Grave Misconduct in Office, Dereliction of Duty under Section 60 (c), and Grave Abuse of Authority under Section 60 (e) of Republic Act No. 7160 or the Local Government Code of 1991, following her issuance of a business permit to a cockfighting arena without the required franchise, which should have been approved by the Sangguniang Bayan.