Facts:
A permanent vacancy occurred in the office
of the Vice Mayor of San Isidro, Isabella when incumbent Vice-Mayor Nelia
Tumamao died on December 2, 2004. Pursuant to Sec. 44 of RA 7160, Ligaya Alonzo,
the highest ranking member of the Sangguniang Bayan was elevated to the
position.
To fill the ensuing vacancy in the
Sangguinang Bayan, Mayor Lim recommended to Governor Padaca the appointment of Oscar
Tumamao, also a member of LDP. Tumamao was appointed, took his oath and
attended sessions.
On May 2005, Atty. Lucky Damasen, became a
member of LDP and got hold of a letter of nomination to the Sanggunian Bayan
from provincial chairman of LDP Balauag addressed to Governor Padaca. He was
appointed to SB and took his oath. Damasen attended sessions but he was not
recognized.
He filed a petition for quo warranto with
prayer for writ of preliminary injunction against Tumamao with the RTC, seeking
to be declared the rightful member of the SB.
As part of his defense, Tumamao presented Atty. Ernest Soberano who identified a
letter dated June 14, 2005, signed by LDP Provincial Chairman Balauag, which
states that the latter was revoking her nomination of Damasen, and that she was
confirming Tumamao’s nomination made by Mayor Lim. Later, Tumamao presented
Provincial Chairman Balauag who affirmed the contents of her letter revoking
the nomination of Damasen.
RTC ruled in favor of Damasen.
Tumamao appealed the RTC Decision to the
Court of Appeals. The CA held that Damasen was not entitled to assume the
vacant position in the Sangguniang Bayan.
Issue:
Who, between Damasen and Tumamao, is
entitled to the contested position?
Held:
Tumamao is entitled to the contested
position.
It is undisputed that the law applicable
to herein petition is Sec. 45 (b) of RA 7160, which provides for the rule on
succession in cases of permanent vacancies in the Sanggunian. As can be gleaned
from Sec. 45, the law provides for conditions for the rule of succession to
apply: First, the appointee shall come from the same political party as that of
the Sanggunian member who caused the vacancy. Second, the appointee must have a
nomination and a Certificate of Membership from the highest official of the
political party concerned. The reason behind the right given to a political
party to nominate a replacement where a permanent vacancy occurs in the
Sanggunian is to maintain the party representation as willed by the people in
the election.
Since the permanent vacancy in the
Sanggunian occurred because of the elevation of LDP member Alonzo to
vice-mayor, it follows that the person to succeed her should also belong to the
LDP so as to preserve party representation. Thus, this Court cannot countenance
Damasen’s insistence in clinging to an appointment when he is in fact not a
bona fide member of the LDP. While the revocation of the nomination given to
Damasen came after the fact of his appointment, this Court cannot rule in his
favor, because the very first requirement of Sec. 45 (b) is that the appointee
must come from the political party as that of the Sanggunian member who caused
the vacancy. To stress, Damasen is not a bona fide member of the LDP.
In addition, appointing Damasen would not
serve the will of the electorate. He himself admits that he was previously a
member of the Lakas-CMD, and that he ran for the position of Mayor under the
said party on the May 2004 Elections. Likewise, he did not resign from the said
party when he joined the LDP, and even admitted that his joining the LDP was
not because of party ideals, but because he just wanted to. How can the will of
the electorate be best served, given the foregoing admissions of Damasen? If
this Court were to grant herein petition, it would effectively diminish the
party representation of the LDP in the Sanggunian, as Damasen would still be
considered a member of the Lakas-CMD, not having resigned therefrom, a scenario
that defeats the purpose of the law, and that ultimately runs contrary the
ratio of Navarro.
What is damning to the cause of Damasen,
is the letter of Demaree J.B. Raval, the Deputy Secretary Counsel of the LDP,
addressed to Governor Padaca wherein it is categorically stated that Damasen is
not a bona fide member of the LDP.
This Court has no reason to doubt the
veracity of the letter coming from the LDP leadership. Quite clearly, from the
tenor of the letter, it appears that the membership of Damasen still had to be
approved by the LDP National Council. Thus, notwithstanding Damasen’s
procurement of a Certificate of Membership from LDP Provincial Chairman
Balauag, to this Court’s mind, the same merely started the process of his
membership in the LDP, and it did not mean automatic membership thereto.
While it may be argued that Damasen was already a member upon receipt of a
Certificate of Membership from LDP Provincial Chairman Balauag, this Court
cannot impose such view on the LDP. If the LDP leadership says that the
membership of Damasen still had to be endorsed to the National Council for
approval, then this Court cannot question such requirement in the absence of
evidence to the contrary. It is well settled that the discretion of accepting
members to a political party is a right and a privilege, a purely internal
matter, which this Court cannot meddle in.
Lastly, the records of the case reveal
that Tumamao has the nomination of Senator Edgardo J. Angara, the Party
Chairman and, therefore, the highest official of the LDP. In addition, he is a
member in good standing of the LDP. Thus, given the foregoing, it is this
Court’s view that Tumamao has complied with the requirements of law. (
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