GR. No. xxx | xxx
Doctrine
Chemerloo
Facts
Due to the death of one Nelia Tumamao, the seat of Vice-Mayor of San Isidro, Isabela became vacant. Thus, one Alonzo was elevated to such position, thereby creating a permanent vacancy in the Sangguniang Bayan. Respondent filled up such vacancy.
On the other hand, petitioner Damasen became a member of the LDP after taking his oath of affiliation, and was subsequently able to secure from the Provincial Chairman of the LDP a letter of nomination for his appointment for the Sangguniang Bayan; he was appointed to such position by Governor Padaca.
Petitioner assailed the appointment of respondent, alleging that he was a member of the LDP and was nominated and subsequently appointed to the SB. Respondent, on the other hand, presented a witness claiming that the nomination of Damasen was revoked by the LDP Provincial Chairman.
Held
Sec. 45(b) of the Local Government Code provides the rule on succession in cases of permanent vacancies in the SB. Under such provision, the appointee must (1) come from the same political party as that of the SB member who caused the vacancy, and (2) that the appointee must have both a nomination and a Certificate of Membership from the highest official of the political party concerned.
The manner in which Damasen joined LDP was not in accordance with the party’s By-Laws, as he was already a candidate for Mayor and a member of Lakas. Thus, the Court does not question the denial of the Provincial Chairman of the LDP of Damasen’s membership with the party. Furthermore, the records do not show Damasen’s membership in the party. His nomination was also withdrawn by the Provincial Chairman, the validity of which the Court does not question. The discretion of accepting members to a political party is a right and a privilege which the Court cannot meddle in.
Political parties are given the right to nominate a replacement where a permanent vacancy occurs is to maintain the party representation as willed by the people in the election.
In sum, because the permanent vacancy in the SB occured due to the elevation of an LDP member to vice-mayor, it thus follows that the person to succeed such member must also be from the LDP.
Local Government 