Professional Documents
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Sir:
CRUZ, J.:p
LUIS T. SANTOS
Eastern Samar
Secretary
LUIS T. SANTOS
Secretary
cc: The Honorable Governor
Borongan, Eastern Samar
Baclao 17,545
votes
EN BANC
QUIASON, J.:
This is a petition for certiorari, under Rule 65 of
the Revised Rules of Court in relation to section
2, Article IX of the Constitution, to set aside (a)
the Resolution of the Commission on Elections
(COMELEC) dated January 22, 1993, which
certified respondent James Calisin as the
highest ranking member of the Sangguniang
Panlalawigan of the Province of Albay and (b) its
Resolution dated February 22, 1993, which
denied the motion for reconsideration of
petitioner.
The issue in the case at bench is the ranking of
the members of the Sangguniang Panlalawigan
of the Province of Albay for purposes of
succession.
In the May 11, 1992 Elections, the following
candidates from the first, second and third
1. Juan D.
Victoria 32,918
votes
2. Jesus
Marcellana
26,030 votes
3. Lorenzo
Reyeg 23,887
votes
THIRD DISTRICT
1. Ramon
Fernandez, Jr.
19,315 votes
2. Masikap
Fontanilla
19,241 votes
3. Arturo Osia
17,778 votes
4. Nemesio
Dist'n
Candidates
ALBAY
CALISIN,
JESUS JAMES B. 1st 130,085
28,335 21.78 1st
VICTORIA,
JUAN D. 2nd 155.318 32,918
21.19 2nd
MARCELLANA
JESUS, M. 2nd 155.318 26,030
16.76 3rd
(Rollo, p. 14)
The law is clear that the ranking in the
Sanggunian shall be determined on the basis of
the proportion of the votes obtained by each
winning candidate of the total number of
registered voters who actually voted. In such a
case, the Court has no recourse but to merely
apply the law. The courts may not speculate as
to the probable intent of the legislature apart
from the words (Pascual v. Pascual-Bautista,
207 SCRA 561 [1992]).
In the case of Globe-Mackay Cable and Radio
Corporation v. National Labor Relations
Commission, 206 SCRA 710 (1992), we held
that:
. . . Under the principles of
statutory construction, if a statue
is clear, plain and free from
ambiguity, it must be given it
literal meaning and applied
without attempted interpretation.
MENDOZA, J.:p
The question in this case is: In case of a
permanent vacancy in the Sangguniang Bayan
caused by the cessation from office of a member
who does not belong to any political party, who
can appoint the replacement and in accordance
with what procedure?
This case arose from the following facts:
Carlito B. Domingo was a member of the
Sangguniang Bayan of San Nicolas, Ilocos
Norte. On March 24, 1994, he resigned after
going without leave to the United States.
To fill the vacancy created by his resignation, the
mayor, respondent Angelo M. Barba,
recommended to the Governor of the province,
respondent Rodolfo C. Farias, the appointment
of respondent Edward Palafox.
A similar recommendation for the appointment of
Edward Palafox was made by the Sangguniang
caused by a Sanggunian
Member who does not belong to
any political party as that
authority is specifically vested
upon the Local Chief Executive
upon recommendation of the
Sanggunian concerned as per
sub-section "C" of Section 45 of
the same Republic Act No.
7160. Under No. 2 of Sec. 45
aforementioned the law does
not require a recommendation
for the appointment of
Sanggunian Bayan Member to
fill a permanent vacancy either
from the Sangguniang
Panlalawigan or from the
Sanggunian Bayan. . . As such
there can be no other person
referred to as the Local Chief
Executive having the authority
to appoint other than the
Municipal Mayor of the
Municipality of the Sanggunian
Bayan where there is
permanent vacancy. This can be
clearly inferred from the two (2)
provisions of the law (No. 2 and
sub-section C of Sec. 45 of Rep.
Act No. 7160). While No. 2 of
Sec. 45 specifically vests the
power to appoint in the
Governor, sub-sec. C of Sec.
45, specifically vests the power
to appoint in the Local Chief
Executive. The Local Chief
Executive specifically mentioned
in said sub-section C of Sec. 45
is not the Governor, for there
would have been no need for
the law making body to have
specifically stated in the law if it
had intended that the Governor
is that one and the same Local
Chief Executive vested with
power to appoint.
Philippines, upon
recommendation of the Minister
of Local Government, shall
appoint a qualified person to fill
the vacancy in the sangguniang
panlalawigan and
the sangguniang panglungsod;
the governor, in the case
of sangguniang
bayan members; or the city or
municipal mayor, in the case
of sangguniang
barangay members. Except for
the sangguniang barangay, the
appointee shall come from the
political party of
the sanggunian member who
caused the vacancy, and shall
serve the unexpired term of the
vacant office.
and, second, the following provision of
the present Code:
63. Preventive Suspension.
(a) Preventive suspension may
be imposed:
(1) By the President, if the
respondent is an elective official
of a province, a highly urbanized
or an independent component
city;
(2) By the governor, if the
respondent is an elective official
of a component city or
municipality; or
(3) By the mayor, if the
respondent is an elective official
of the barangay. . . .
Reference to these provisions is appropriate not
for the reason advanced by petitioners, i.e., that
YNARES-SANTIAGO, J.:
The query herein is purely legal. May an
incumbent Vice-Governor, while concurrently the
Acting Governor, continue to preside over the
sessions of the Sangguniang
Panlalawigan (SP)?
The facts are not in dispute.1wphi1.nt
In the 1995 elections, Rafael Coscolluela,
petitioner Romeo J. Gamboa, Jr. and
respondents Marcelo Aguirre, Jr., and Juan Y.
Araneta were elected Negros Occidental
Governor, Vice-Governor and SP members,
respectively. Sometime in August of 1995, the
governor designated petitioner as Acting
Governor for the duration of the former's official
trip abroad until his return. When the SP held its
regular session on September 6, 1995,
respondents questioned the authority of
petitioner to preside therein in view of his
designation as Acting Governor and asked him
to vacate the Chair. The latter, however, refused
to do so. In another session, seven (7) members
of the SP voted to allow petitioner to continue
SUPREME COURT
Baguio City
Baltazar Aquino
Vice-Mayor
8. Rolando Lalas
FIRST DIVISION
Elected as members of the Sangguniang Bayan
ranked according to the highest number of votes
obtained were the following councilors:
1. Danny B. Tamayo
2. Rolando S. Soriano
KAPUNAN, J.:
This is a petition for review on certiorari under
Rule 45 of the 1997 Rules of Civil Procedure,
assailing as erroneous the decision of the Court
of Appeals, Fourth Division,1 dated October 7,
1999 in CA-G.R. SP No. 5475 which granted the
petition for certiorari filed by herein respondents
and declared as null and void the appointment of
herein petitioner Purto J. Navarro to the
Sanggunian Bayan of Mapandan, Pangasinan.
3. Leopoldo C. Biagtan
4. Florentino Z. Lalas
Cesar M. Calimlim
Mayor
6. Victorio C. Lalangan
7. Judy A. Pascual
LAKA
sangguniang barangay
concerned;
(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 on
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 shall be a ground
for administrative action against the
official responsible therefor.
(c) In case the permanent vacancy is
caused by a sanggunian member who
does not belong to any political party,
the local chief executive shall, upon
recommendation of the sanggunian
concerned, appoint a qualified person to
fill the vacancy.
(d) In case of vacancy in the
representation of the youth and the
barangay in the sanggunian, said
vacancy shall be filled automatically by
the official next in rank of the
organization concerned.
Under Section 44, a permanent vacancy arises
when an elective official fills a higher vacant
office, refuses to assume office, fails to qualify,
dies, is removed from office, voluntarily resigns,
October 9, 2012
(c) Candidates for the position of mayor or vicemayor of independent component cities,
component cities, or municipalities must be at
least twenty-one (21) years of age on election
day.
xxxx
xxxx
Sec. 40. Disqualifications. - The following
persons are disqualified from running for any
elective local position:
(a) Those sentenced by final judgment for an
offense involving moral turpitude or for an
offense punishable by one (1) year or more
of imprisonment, within two (2) years after
serving sentence;
(b) Those removed from office as a result of an
administrative case;
(c) Those convicted by final judgment for
violating the oath of allegiance to the Republic;
(d) Those with dual citizenship;
EN BANC
G.R. No. 93252 August 5, 1991
RODOLFO T. GANZON, petitioner,
vs.
THE HONORABLE COURT OF APPEALS and
LUIS T. SANTOS, respondents.
G.R. No. 93746 August 5,1991
MARY ANN RIVERA ARTIEDA, petitioner,
vs.
HON. LUIS SANTOS, in his capacity as
Secretary of the Department of Local
Government, NICANOR M. PATRICIO, in his
capacity as Chief, Legal Service of the
Department of Local Government and
SALVADOR CABALUNA JR., respondents.
G.R. No. 95245 August 5,1991
RODOLFO T. GANZON, petitioner,
vs.
THE HONORABLE COURT OF APPEALS and
LUIS T. SANTOS, in his capacity as the
Secretary of the Department of Local
Government, respondents.
Nicolas P. Sonalan for petitioner in 93252.
Romeo A. Gerochi for petitioner in 93746.
Eugenio Original for petitioner in 95245.
SARMIENTO, J.:p
respondent is an elective
barangay official.
(2) Preventive suspension may
be imposed at any time after the
issues are joined, when there is
reasonable ground to believe
that the respondent has
committed the act or acts
complained of, when the
evidence of culpability is strong,
when the gravity of the offense
so warrants, or when the
continuance in office of the
respondent could influence the
witnesses or pose a threat to
the safety and integrity of the
records and other evidence. In
all cases, preventive suspension
shall not extend beyond sixty
days after the start of said
suspension.
(3) At the expiration of sixty
days, the suspended official
shall be deemed reinstated in
office without prejudice to the
continuation of the proceedings
against him until its termination.
However ' if the delay in the
proceedings of the case is due
to his fault, neglect or request,
the time of the delay shall not be
counted in computing the time
of suspension. 25
The issue, as the Court understands it, consists
of three questions: (1) Did the 1987 Constitution,
in deleting the phrase "as may be provided by
law" intend to divest the President of the power
to investigate, suspend, discipline, and/or
remove local officials? (2) Has the Constitution
repealed Sections 62 and 63 of the Local
Government Code? (3) What is the significance
of the change in the constitutional language?
construction subject to
constitutional limitations. 45
In Hebron we stated:
Accordingly, when the
procedure for the suspension of
an officer is specified by law, the
same must be deemed
mandatory and adhered to
strictly, in the absence of
express or clear provision to the
contrary-which does not et with
respect to municipal
officers ... 46
In Mondano, the Court held:
... The Congress has expressly
and specifically lodged the
provincial supervision over
municipal officials in the
provincial governor who is
authorized to "receive and
investigate complaints made
under oath against municipal
officers for neglect of duty,
oppression, corruption or other
form of maladministration of
office, and conviction by final
judgment of any crime involving
moral turpitude." And if the
charges are serious, "he shall
submit written charges touching
the matter to the provincial
board, furnishing a copy of such
charges to the accused either
personally or by registered mail,
and he may in such case
suspend the officer (not being
the municipal treasurer) pending
action by the board, if in his
opinion the charge by one
affecting the official integrity of
the officer in question." Section
86 of the Revised Administration
JESUS
S.
CONDUCTO, complainant,
vs. JUDGE
ILUMINADO
C.
MONZON, respondent.
RESOLUTION
I
The first question presented for
determination is whether a criminal
offense for violation of Republic Act
3019 committed by an elective officer
during one term may be the basis of
his suspension in a subsequent term
in the event of his reelection to office.
Petitioner concedes that "the power
and authority of respondent judge to
continue trying the criminal case
against petitioner may not in any way
be affected by the fact of petitioner's
reelection," but contends that "said
respondent's power to preventively
suspend petitioner under section 13 of
Republic Act 3019 became
inefficacious upon petitioner's
reelection" arguing that the power of
the courts cannot be placed over that
of sovereign and supreme people who
ordained his return to office.
Petitioner's reliance on the loose
language used in Pascual vs.
Provincial Board of Nueva Ecija that
"each term is separate from other
terms and that the reelection to office
operates as a condonation of the
officer's previous misconduct to the
extent of cutting off the right to remove
him therefor" is misplaced.
The Court has in subsequent cases
made it clear that the Pascual ruling
(which dealt with administrative
liability) applies exclusively
to administrative and not
to criminal liability and
sanctions. Thus, in Ingco vs.
Sanchezthe Court ruled that
the reelection of a public officer for a
new term does not in any manner wipe
out the criminal liability incurred by him
in a previous term.
GRIO-AQUINO, J.:
The issue in this special civil action
of certiorari and prohibition is the jurisdiction of
respondent Judge of the Regional Trial Court of
Oriental Mindoro to stop the provincial governor
from placing a municipal mayor under preventive
suspension pending the investigation of
administrative charges against the latter.
On April 11, 1991, one Ramir Garing of Naujan,
Oriental Mindoro, filed a sworn letter-complaint
with Secretary Luis Santos of the Department of
Interior and Local Government charging Mayor
Nelson Melgar of Naujan, Oriental Mindoro, with
grave misconduct, oppression, abuse of
authority, culpable violation of the Constitution
and conduct prejudicial to the best interest of the
public service. The charge against Mayor Melgar
reads:
August 7, 2007
March 3, 2008
November 17,