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

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