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

[ Digital p. 1 of 3 ] 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 [ Digital p. 2 of 3 ] A cursory reading of Section 3(B) of said AO 15 reveais that it essentially mirrors the provision of Section 45 (b), LGC. The Department, pursuant to Section 8 thereof, exercises the authority granted to it in issuing the subject MC No. 2019-21 (Operational Guidelines and Rules in the Implementing Administrative Order No. 15 Series of 2018) to give full effect to the intent of the law in filling up the said void of the LGC and ensuring proper implementation at the local level. Thus, the principle enunciated in Menzon should be harmonized with Navarro by applying this legal precept of maintaining party representation even in temporary vacancies, in a legal sense that the political party that caused the vacancy in the Sanggunian, whether permanent or temporary, retains the right to nominate the replacement in order to preserve the integrity of party representation therein. To emphasize, the subject DILG Memorandum Circular simply adheres to this established legal principles to maintain the political balance as willed by the electorate, especially so, when specific statutory provisions directly address this matter. Guided by the rule of law and applicable jurisprudence, this Department remains firm in to support this stand until and unless a contrary declaration or interpretation is made by the Highest Court of the land. In view of the foregoing, and considering that the temporary vacancy in the Sanggunian Panlalawigan of Nueva Ecija occurred due to the elevation of Partido Federal ng Pilipinas (PFP) member Joson to Vice Governor in a temporary capacity, it logically follows that the political party entitled to nominate should be the one that caused the last vacancy, in this case, the PFP. Finally, we wish to iterate the Department’s legal opinion quoting Gamboa v. Aguirre (G.R. No. 134213, July 20, 1999) which provides that “Being the Acting Governor, the Vice-Governor cannot continue to simultaneously exercise the duties of the latter office, since the nature of the duties of the provincial Governor call for a full-time occupant to discharge them. xxx The continuity of the Acting Governor’s (Vice-Governor) powers as_ presiding officer of the [Sangguniang Panlalawigan] is suspended so long as he is in such capacity.”* This opinion is rendered without prejudice to any contrary interpretation that may be issued by the Court, or to any supervening developments arising from the resolution of any legal remedies which may have been or may still be resorted to. We hope to have guided you accordingly. Respectfully yours, BY AUTHORITY OF THE SECRETARY: ATTY. ROMEO P. BENITEZ Undersecretary for External, Legal and Legislative Affairs . 4 Legal Opinion No 22, s. 2012 dated March 7, 2012. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454 Page 3 of 4 [ Digital p. 3 of 3 ] Section 45. Permanent Vacancies in the Sanggunian. x x x (b) Except for the sangguniang barangay, only the nominee of the political party under which the sanggunian member concerned had 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 same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shail be a ground for administrative action against the Official responsible therefore. (Emphasis ours) As can be gleaned from the above provision, the law provides for conditions for the rule of succession to apply: (1) The appointee shall come from the same political party as that of the Sanggunian member who caused the vacancy; and (2) The appointee must have a nomination and a Certificate of Membership from the highest official of the political party concerned.3 In Navarro, the Supreme Court unequivocally clarified that “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.” To allow a different political party to nominate a replacement would diminish the representation of the party that caused the vacancy and unduly increase the representation of another and thereby subverting the electorate’s will. Harmonization of Menzon and Navarro Doctrine Notably, the High Court had the opportunity to address a situation where the LGC was silent on the mode of succession for a temporary vacancy in the Office of the Vice- Governor. Faced with an interregnum that would disrupt public service, the Court ruled in Menzon that the President, through the Secretary of Local Government, has the authority to remedy the situation. Importantly, Menzon did not establish that the rules for permanent vacancies are always directly applicable to temporary vacancies in their entirety, especially when specific provisions or underlying principles dictate otherwise. Rather, it underscored the principle that government service should not be allowed unhampered thus recognizing the need for continuity and effective governance. In this regard, and by virtue of the authority granted to the President, Administrative Order No. 15, series of 2018 (AO 15) was issued by former President Rodrigo Roa Duterte, authorizing the Secretary of the DILG or the Officer-in-Charge to fill temporary vacancies in certain local elective offices to prevent paralysis of local government operations. * Atty. Damasen v. Tumamao, G.R. No. 173165, February 17, 2010. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454 Page 2 of 4