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

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