NAVARRO vs. CA, G.R. No. 141307

G.R. No. 141307 March 28, 2001

Facts:

On March 25, 1999, Mayor Cesar Calimlim died. A vacancy was thus created in the Office of the Mayor so by operation of law, Section 44 of Republic Act 7160, otherwise known as the Local Government Code of 1991, then Vice-Mayor Baltazar Aquino succeeded him. Accordingly, the highest-ranking member of the Sangguniang Bayan, i.e. the one who garnered the highest number of votes, was elevated to the position of the Vice-Mayor, pursuant to the same law. This was petitioner Danny B. Tamayo who belonged to the REFORMA-LM political party.

Since a vacancy occurred in the Sangguniang Bayan by the elevation of petitioner Tamayo to the office of the Vice-Mayor, Governor Victor Agbayani of Pangasinan appointed herein petitioner Purto J. Navarro as Member of the Sangguniang Bayan. Navarro belonged to the same political party as that of petitioner Tamayo.

In a Resolution dated August 25, 1999, the lower Court referred the case to the Court of Appeals due to the hierarchy of courts. The Court of Appeals in a decision dated October 7, 1999 resolved the petition in favor of private respondents.

Issue:

Whether or not the appointment of petitioner Purto J. Navarro to the Sanggunian Bayan be declared as null and void ?

No, the court give due course to the petition.

Pursuant to Section 45 (b) of RA 7160, the person to be appointed to the position vacated should come from the same political party affiliation as that of petitioner Tamayo. What is crucial is the interpretation of Section 45(b) providing that “xxx only the nominee of the political party under which the Sanggunian member concerned has 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 political party as that of the Sanggunian member who caused the vacancy xxx.”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.

Therefore, the appointment of petitioner Purto J. Navarro to the Sanggunian Bayan is valid and legal.