FACTS:
On March 25, 1999, elected Mayor Calimlim died thus creating a vacancy in his position. By virtue of Section 44 of the Local Government Code, Vice Mayor Aquino succeeded him. Accordingly, Danny Tamayo, the highest ranking member of Sanggunian, was elevated to position of the Vice-Mayor.
To fill the vacancy in the Sanggunian Bayan, Gov.
Agbayani of Pangasinan appointed petitioner Purto J. Navarro as member of the
said Sanggunian. Navarro belonged to the same party as that of Tamayo.
Private
respondents filed a civil action to nullify the appointment of Navarro before
RTC Dagupan. When their motions for the issuance of a temporary restraining
order and for the inhibition were denied, private respondents filed a Petition
for Review on Certiorari with the Supreme Court. SC referred the case to the CA
due to hierarchy of courts.
Private
respondents argued before the Court of Appeals that it was the former
vice-mayor, succeeding to the position of the mayor, who created the permanent
vacancy in the Sanggunian Bayan because under the law he was also a member of
the Sanggunian. Thus, the appointee must come from said former vice-mayor’s
political party, in this case, the Lakas-NUCD-Kampi.
Petitioners,
on the other hand, contended that it was the elevation of petitioner Tamayo,
who was the highest-ranking member of the Sanggunian Bayan, to the office of
the Vice-Mayor which resulted in a permanent vacancy in the Sanggunian Bayan.
Pursuant to Section 45 (b) of RA 7160, the person to be appointed to the
position vacated by him should come from the same political party affiliation
as that of petitioner Tamayo. Hence, the appointment extended by Governor
Agbayani to petitioner Navarro, who was a member of and recommended by the
REFORMA-LM, is valid.
In the
decision of the CA, it concluded that according to the hierarchy, it was the
appointment of the 8th Counselor, Rolando Lalas, to the 7th position
which created the vacancy, therefore, the appointee should come from the party
of Lalas.
Aggrieved,
petitioners filed a petition for certiorari before the SC.
ISSUE:
Whether
or not the appointment of Navarro as a member of the Sangguniang Bayan is valid.
HELD:
Under
Section 44, a permanent vacancy arises when an elective official fills a higher
vacant office, refuses to assume office, fails to qualify, dies, is removed
from office, voluntarily resigns, or is otherwise permanently incapacitated to
discharge the functions of his office.
What
is crucial is the interpretation of Section 45(b) providing that "xxx only
the nominee of the political party under which the Sanggunian member concerned
has been elected and whose elevation to the position next higher in rank
created the last vacancy in the Sanggunian shall be appointed in the manner
hereinabove provided. The appointee shall come from the political party as
that of the Sanggunian member who caused the vacancy xxx."
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.
With
the elevation of petitioner Tamayo, who belonged to REFORMA-LM, to the position
of Vice-Mayor, a vacancy occurred in the Sanggunian that should be filled up
with someone who should belong to the political party of petitioner Tamayo.
Otherwise, REFORMA-LM’s representation in the Sanggunian would be diminished.
To argue that the vacancy created was that formerly held by Rolando Lalas, a
LAKAS-NUCD-Kampi member, would result in the increase of that party’s
representation in the Sanggunian at the expense of the REFORMA-LM. This
interpretation is contrary to the letter and spirit of the law and thus
violative of a fundamental rule in statutory construction which is to ascertain
and give effect to the intent and purpose of the law. As earlier pointed out,
the reason behind par. (b), section 44 of the Local Government Code is the
maintenance party representation in the Sanggunian in accordance with the will
of the electorate.
The "last vacancy" in the
Sanggunian refers to that created by the elevation of the member formerly
occupying the next higher in rank which in turn also had become vacant by
any of the causes already enumerated. The term "last vacancy" is thus
used in Sec. 45 (b) to differentiate it from the other vacancy previously
created. The term by no means refers to the vacancy in the No. 8 position which
occurred with the election of Rolando Lalas to the seventh position in the
Sanggunian. Such construction will result in absurdity. (
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