Application of Memorandum Circular No. 2019-21 to a temporary Sangguniang Panlalawigan vacancy and a political party’s right to nominate a replacement

BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City DILG OPINION NO. gf" 99 95 OCT 14 2025 HON. GIL RAYMOND M. UMALI Acting Governor Province of Nueva Ecija Provincial Capitol Building Singalat, Palayan City Dear Hon. Umali: This pertains to your Letter dated September 29, 2025 seeking clarification on the proper application of Memorandum Circular No. 2019-21 concerning the filling of a temporary vacancy in the Sangguniang Panlalawigan and the right of a political party to nominate a replacement. As culled from your letter and submissions, Governor Aurelio M. Umali was suspended for one (1) year by virtue of the Office of the Ombudsman Decision dated June 19, 2025. As a result thereof, you automatically assumed the position of Acting Governor and, consequently, Hon. Eduardo Jose B. Joson VII, the 1stranked member of the Sangguniang Panlalawigan, was designated as Acting Vice-Governor through a Designation Order issued on September 4, 2025. You further assert that your political party, Partido Unang Sigaw (SIGAW), should nominate the temporary replacement in the Sanggunian. Your contention is premised on the ground that Navarro v. Court of Appeals’ is inapplicable to temporary vacancies as it dealt with a permanent vacancy. You likewise cited Menzon v. Petilla? to the notion that, in the absence of express statutory provisions for temporary vacancies, a remedy in law must always be present. After a careful examination of the facts presented, this Department is constrained to arrive at a different conclusion. For enlightenment, the underlying principles governing the spirit and intent behind the rules on succession and party representation are herein discussed. Principle of “Maintaining Party Representation” The bedrock legal principle guiding the filling of vacancies in the Sanggunian is the “maintenance of party representation as willed by the electorate.” This principle is enshrined in Section 45(b) of the Local Government Code of 1991 which explicitly states: ' G.R. No. 141307, March 28, 2001. ? G.R. No. 90762, May 20, 1991. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454 Page 1 of 4