Practice question
During a mayor's temporary incapacity lasting ten working days, the vice-mayor exercises the mayoral functions. The vice-mayor invokes Section 46 alone to appoint and dismiss employees immediately, claiming every mayoral power passes without qualification. Which is best?
- Every temporary absence removes all restrictions
- Ten working days automatically exceeds thirty
- Section 46 expressly limits appointing, suspending and dismissing employees until the temporary incapacity exceeds thirty working days
- Only the private contractor may appoint
- The mayoral office is permanently vacant
Legal references
- RA 7160 Sections 44-46: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
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