Vacancy — DILG Region I opinion letter

Reptrbli<r ol' ttre PtrilippLres DEPARTMENT OF THE INTERIOR AI{D LOCAL GO\IERNMENT Regbnal OITice l, City ofr$arr Felnando- r-a Union Telephone Nnmber' (072) 888 2 1o8 . 700 5746 ri(8tJ '2'2tt9 . 7oo 27ol ' 7OO 3979. 607 1245 www.dilgrSon l.com October 9,2012 ' RENATO MA. R PERALTA Provincial Chairman ' Liberal Party Provincial Headquarters 7A H T. CID St., Laoag City i I Dear Mr. Peralta: , I I This refers to your letter seeking the Department's clarificationln issue as to the rightful person to fill up the vacancy in the Offrce of t-hiisangguniangBayu::lBTarra, Ilocos Norte- Is it the person who belongs to the political partyOf the former,Yi:1Y/or Pacifico C' velasco or the peison who belongs to the political party of tlre seventh (7"') SByfl ,: Before dwelling on the issue, may we first invite your attention to our published opinion on the matter (DILG Opinion No. 39, s' 2000)' to wit: "xxx in appointments to permanent vaciincies in the sangguniangbayan, Section 45 (b) otthe Local Government Codellrif 1991 expressly requires that 'only the nominee of the political party under whffi the sanggunian member concerned had been elected and whose elevation to th$position next higher in rank created the last vacancy in the sanggunian shall be fippointed'. ln several of our earlier legal opinions, we have consistently opined ihat the appointee shall come from the same political party as that olthe sanggr'rnian member who caused the vacancy' xxx In the case of FARINAS vs. BAnE-A (G R. No. 1 16763, April 19, 1996), the Supreme court had the occasion to rute that where the permanent vacancy is caused by a-sanggunian member belonging to a politic al party, the ^Governor shall issue the uppoln',To"nt upon the nomination uia certification of the political party to which the member who caused the vacancy belonged' as provided for under the aforecited provision of the Co.g?'" The Supreme Court, in the case of N4-varro vs. Court of Appeals' G'R' No' 141397' March 28, 2001, categorically ruled that the vacancy should be filled up by a nominee coming from the political puiy of the member who "a.rr.d the..perman.* :ut1l1l-in the sanggunian opining that ..the ;;;;" behind the. rigtrt givep. to. a political party to nominate a replacement where a permanent vacancy occurs ,n ih. Jang;dirniun-is to maintain the nartv renresentation as willed bv the people in the election"' ,' Dwelling on the issues, this Offrce opinps that-the offrce of the Vice Mayor was vacated due to the disqualification of ine Vice Mayor elect However, the vacancy was filled up by the 1st ranking Sell lSnfrl Ramit' a member of L q@s Party)' '' / The elevation of SBM Ramit as vice $ayor of Bacarra, Ilocos Norte, again, created a vacancy in the offrce of the SB of Bacarra Uedause he succeeded the offrce of the Vice Mayor' The vacancy was created by virtue of succession to higher oftice' This is the vacancy that must be filled up pursuant to Seciion 45 (b) of the Logal Government Code of 1991' :,1 fl'srnote hrnh the Phil*ppins