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Navarro Vs CA March 28 2001

The Supreme Court ruled that the elevation of the highest ranking member of the Sangguniang Bayan (municipal council) to the position of vice mayor created a permanent vacancy in the Sangguniang Bayan that must be filled by a nominee of the same political party. When the vice mayor succeeded to the mayorship after the mayor's death, the highest ranking Sangguniang Bayan member became vice mayor, creating the vacancy. The appointee to fill this vacancy must come from the same party as the vice mayor to maintain the representation of the party that was elected.

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Amado Espejo
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96 views1 page

Navarro Vs CA March 28 2001

The Supreme Court ruled that the elevation of the highest ranking member of the Sangguniang Bayan (municipal council) to the position of vice mayor created a permanent vacancy in the Sangguniang Bayan that must be filled by a nominee of the same political party. When the vice mayor succeeded to the mayorship after the mayor's death, the highest ranking Sangguniang Bayan member became vice mayor, creating the vacancy. The appointee to fill this vacancy must come from the same party as the vice mayor to maintain the representation of the party that was elected.

Uploaded by

Amado Espejo
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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66.

Navarro vs CA March 28, 2001


GR. NO. 141307

Facts:
Local elections were held in the Municipality of Mapandan, Pangasinan. A few years
later the mayor that was elected died and 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, the elected vice mayor succeeded him. The governor of
Pangasinan then appointed herein petitioner, who belonged to the same political party as
that of the vice mayor, as a Member of the Sangguniang Bayan. Private respondents argue
that it was the former vice-mayor, succeeding to the position of the mayor who created the
permanent vacancy on the Sangguniang Bayan. Thus, the appointee must come from the
said former vice-mayor’s political party. On the other hand, petitioners contend that it was
the elevation of the highest-ranking member of the Sangguniang Bayan to the office of the
Vice-Mayor which resulted to the permanent vacancy. Thus the appointee must come from
the political party of the official who succeeded to the office of the vice mayor.

Issue:
WON, the elevation of the highest ranking member of the Sanggunian Bayan to the
position of vice-mayor created the last vacancy in the Sanggunian Bayan

Ruling:

Yes.

Under Section 44 of RA 7160, 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, or is otherwise permanently incapacitated to discharge the
functions of his office.

What is crucial is the interpretation of Section 45(b) of RA 7160 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.With the elevation of the highest
ranking member of the Sangguniang Bayan to the Vice Mayor’s office, a vacancy occurred
in the Sanggunian that should be filled up with someone who belongs to the same political
party as that of the official who succeeded to the office of the Vice Mayor. Otherwise, his
political party’s representation in the Sanggunian would be diminished.

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