Is a person holding a public office in an "acting capacity" be considered as the incumbent?

Answer 1

By the literal definition of the term, yes.

An incumbent is anyone currently holding the office.

Answer 2

incumbent ABC presidents are mandated by the Rules and Regulations Implementing the 1991 Local Government Code to continue to act as president of the association and to serve as ex-officio members of the sangguniang bayan, to wit:

Article 210 (d) (3), Rule XXIX of the Implementing Rules and Regulations of Rep. Act No. 7160, provides that:

‘The incumbent presidents of the municipal, city and provincial chapters of the liga shall continue to serve as ex-officio members of the sanggunian concerned until the expiration of their term of office, unless sooner removed for cause.’

‘(f) x x x Pending election of the presidents of the municipal, city, provincial and metropolitan chapters of the liga, the incumbent presidents of the association of barangay councils in the municipality, city, province and Metropolitan Manila, shall continue to act as president of the corresponding liga chapters under this Rule.’

In view of the foregoing, considering that the annulled designation is only an additional duty to your primary function, which is the ABC President, we find no legal obstacle if you re-assume your representation in the sanggunian bayan as ex-officio member.