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Question
In City of Nueva Vista, the Municipal Mayor suffers permanent incapacity due to a medical condition two years into a four-year term. The Vice Mayor immediately assumes the office as Acting Municipal Mayor. The City Sanggunian subsequently elects a new Vice Mayor to fill the vacancy in the Vice Mayor’s office. A by-election is scheduled to fill the remainder of the mayor's term. (a) Identify the controlling rule under the Local Government Code on vacancies in elective local offices and who acts as municipal mayor in case of such vacancy. (b) Distinguish between acting (temporary) and permanent vacancy, including when a by-election is required. (c) Apply to the facts: who acts as mayor during the interim? will there be a by-election during the interim? when does the acting capacity end? what is the effect on acts performed by the Acting Mayor during the interim and on third parties dealing with the municipality during the vacancy?