SEC. 5. Vacancy in the Office of the Regional Governor. - In case of death, permanent
disability, removal from office, or resignation of the Regional Governor, the Regional ViceGovernor shall become the Regional Governor who shall serve for the unexpired term of the
former. In case of death, permanent disability, removal from office, or the resignation of both
the Regional Governor and the Regional Vice-Governor, the Speaker of the Regional Assembly
shall act as the Regional Governor until the Regional Governor and the Regional Vice-Governor
are elected and qualified in a special election called for the purpose.
Upon his/her assumption as acting Regional Governor, the Speaker of the Regional
Assembly shall temporarily vacate his/her position as such and an interim speaker shall be
elected. Upon the election and assumption of office of a new Regional Governor, the Speaker
shall reassume his/her office. No special election shall be called to fill a vacancy occurring
within one (1) year immediately preceding the next regular election. In case of temporary
incapacity of the Regional Governor to perform his duties on account of physical or legal causes,
or when he/she is on official leave of absence or on travel outside the territorial jurisdiction of
the Republic of the Philippines, the Regional Vice-Governor, or if there be none or in case of his
permanent or temporary incapacity or refusal to assume office, the Speaker of the Regional
Assembly shall exercise the powers, duties and functions of the Regional Governor as prescribed
by law enacted by the Regional Assembly.
In case of vacancy of the position of Regional Governor due to above-mentioned
situations, the Acting Regional Governor shall be allowed to appoint heads of department,
agencies and offices only after 100 calendar days from the date of assumption into office to pave
way to smooth transition in each department or office. The highest career official in the
department/ agency or office shall act as the head of such department/ agency or office. Where
there are two (2) or more career officials of the same rank, the most senior official based on
length of service in such position shall automatically act as the Officer-in-Charge (OIC).
SEC. 6. Prohibitions against Executive Officials. - The Regional Governor, the
Regional Vice-Governor, the members of the cabinet or their deputies shall not hold any other
office or employment during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business, or be financially interested
in any contract with, or in any franchise or special privilege granted by the government or any
subdivision, agency, or instrumentality thereof, including government-owned-or-controlled
corporations or subsidiaries. They shall strictly avoid conflicts of interest in the conduct of their
office.
The spouses and relatives by consanguinity or affinity within the fourth civil degree of
the Regional Governor, the Regional Vice Governor, the members of the cabinet, or their
deputies shall not, during their tenure, be appointed or designated members of the regional
cabinet, chairpersons or commissioners of regional commissions or heads of bureaus or offices,
including government-owned-or-controlled corporations and their subsidiaries located in the
autonomous region.
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