VICTORIA VS COMELEC

FACTS:
Due to the suspension of Governor Romeo Salalima of the Province of Albay, Vice-Governor
Danilo Azana automatically assumed the powers and functions of the governor, leaving
vacant his post as vice-governor. Under the law, Azanas position as vice-governor should be
occupied by the highest ranking Sangguniang member, a post being contested by petitioner
and

private

respondent.

In answer to private respondents petition for his declaration as senior Sanggunian member
for the Province of Albay, the COMELEC issued a resolution dated January 22, 1993,
certifying him as first in the order of ranking, garnering 21.78% out of the total registered
voters while petitioner herein as second ranking member with 21.19%. The COMELEC based
its certification on the number of votes obtained by the Sanggunian members in relation to
the

number

of

registered

voters

in

the

district.

However the petitioner claims that the ranking of the Sanggunian members should not only
be based on the number of votes obtained in relation to the total number of registered
voters, but also on the number of voters in the district who actually voted therein.
ISSUE:
The issue at bar is the ranking of the members of the Sangguniang Panlalawigan of the
Province of Albay for purposes of succession.
HELD:
The Local Government provides:

For purposes of succession as provided in this Chapter, ranking in the Sanggunian shall be
determined on the basis of the proportion of votes obtained by each winning candidate to
the total number of registered voters in each district in the immediately preceding local
election.
The law is clear. 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.
Petitioners contention is therefore untenable considering the clear mandate of the law,
which leaves no room for other interpretation but it must very well be addressed to the
legislative branch and not to this Court which has no power to change the law.

No grave abuse of discretion on the part of the COMELEC in issuing the Resolution dated
January 22, 1999 was committed. The petition is DISMISSED.

RECABO VS COMELEC

FACTS:
On March 27, 1998, Francisco R. Reyes, Jr., filed his certificate of candidacy for vice-mayor of
Mainit, Surigao Del Norte under the LAKAS NUCD-UMDP. His nomination by said political
party is evidence by the certificate of nomination and acceptance dated March 27, 1998
signed by Fidel V. Ramos and Jose de Venecia, National Chairman and Secretary General,
respectively,

of

said

political

party.

However, on April 2, 1998, Kaiser B. Recabo, Jr., claimed to be the official candidate of LAKAS
as vice-mayor of the same municipality and also filed his certificate of candidacy. Recabo
also submitted to the Commission a copy of the certificate of his nomination and acceptance
signed only by one representative of LAKAS, Francisco T. Matugas. The space of the other
representative (Robert Z. Barbers) is blank. It was further alleged that Recabo, Jr., is a
SUBSTITUTE candidate of MRS. CANDELARIA B. RECABO who filed her Certificate of
Candidacy

for

VICE-MAYOR

of

Mainit,

Surigao

del

Norte

on

March

25,

1998.

Reyes submits the theory that since the certificate of nomination and acceptance in favor of
Candelaria B. Recabo is not signed by Robert Barbers, there is no valid nomination by LAKAS
NUCD-UMDP in favor of Candelaria Recabo. Therefore, Candelaria B. Recabo not having been
validly nominated, should be deemed an independent candidate only. And since Candelaria
B. Recabo is an independent candidate, she cannot be validly substituted because under
Sec. 11 of Comelec Res. No. 2977 promulgated on January 15, 1998, no substitution shall
be allowed for an independent candidate.
ISSUE:
Whether or not petitioners certificate of nomination by LAKAS NUCD-UMDP is valid?
HELD:
NO. COMELEC Resolution No. 2977 provides under Section 5 thereof: The certificate of
nomination by registered political parties of their official candidates shall be filed with the
certificates of candidacy not later than the last day for filing of certificates of candidacy as
specified in Section 4 hereof, duly signed and attested under oath by the party president,
chairman, secretary-general or any other party officer duly authorized in writing to do so.
Be that as it may, the certificate of nomination of the petitioner as well as his mother did not
comply with the requirements of being official candidates of LAKAS NUCD-UMDP Party. For
the reason, that the certificate of nomination was invalid because it was signed only by one
authorized party officer as compared to Reyes which was signed by the National Chairman
and Secretary General, respectively, of said political party. Therefore, Candelaria Recabo is
considered an independent candidate.
NAVARRO VS CA
Facts: On March 25, 1999, elected Mayor Calimlim died thus creating a vacancy in his
position. By virtue of Section 44 of the Local Government Code, Vice Mayor Aquino
succeeded him. Since a vacancy occurred inthe Sangguniang Bayan by the elevation of

Tamayo, the highest ranking member of Sanggunian, to the Vice Mayor's position. Gov.
Agbayani of Pangasinan appointed herein petitioner Navarro as member of the said
Sanggunian. Navarro belonged to the same party as that of Tamayo. Private respondents
filed an action to nullify the appointment of Navarro. They argued in the CA that the former
Vice Mayor who created the permanent vacancy, thus, the appointees should come from the
former Vice Mayor's political party. In the decision of the CA, it concluded that according to
the hierarchy, it was the appointment of the 8th Counselor to the 7th position which created
the
vacancy,
therefore,
the
appointee
should
come
from
his
party.
Issue: Whether or not the appointment of Navarro as a member of the Sangguniang Bayan
is
valid.
Held: Yes. It is pursuant to Section 44 and 45 of the Local Government Code.
The reason behind the right given to a political party to nominate a replacement where a
permanent vacancy occurs is to maintain the party representation as willed by the people in
the election. Such appointment is required to have a nomination and certification or it would
be
null
and
void
ab
initio.
The term "last vacancy" by no means refers to the vacancy of the *th position in the
Sangguniang Bayan. Such construction will result to absurdity.
FARINAS VS BARBA
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, a recommendation for the appointment of Edward
Palafox was made by the Sangguniang Bayan of San Nicolas but the recommendation was made
to Mayor Barba. The resolution, containing the recommendation, was submitted to the
Sangguniang Panlalawigan of Ilocos Norte purportedly in compliance with Sec. 56 of the Local
Government Code (R.A. No. 7160).
The Sangguniang Panlalawigan, purporting to act under this provision of the Local Government
Code, disapproved the resolution for the reason that the authority and power to appoint
Sangguniang Bayan members are lodged in the Governor. Accordingly, the Sangguniang
Panlalawigan recommended to the Governor the appointment of petitioner Al Nacino. On June 8,
1994, the Governor appointed petitioner Nacino and swore him in office that same day. On the
other hand, respondent Mayor Barba appointed respondent Edward Palafox to the same position.
On June 14, 1994, petitioners filed with the Regional Trial Court of Ilocos Norte a petition for quo
warranto and prohibition.

On July 8, 1994 the trial court rendered its decision, upholding the appointment of respondent
Palafox by respondent Mayor Barba.
ISSUE:
Who can appoint the replacement and in accordance with what procedure?
HELD:
The person who has the power to appoint under such circumstance is the Governor upon the
recommendation of the Sangguniang concerned which is the Sangguniang Bayan of San Nicolas
where the vacancy occurs.
The upshot of this is that in the case at bar, since neither petitioner Al Nacino nor respondent
Edward Palafox was appointed in the manner indicated in the preceding paragraph, neither is
entitled to the seat in the Sangguniang Bayan of San Nicolas, Ilocos Norte which was vacated by
member Carlito B. Domingo. For while petitioner Al Nacino was appointed by the provincial
governor, he was not recommended by the Sangguniang Bayan of San Nicolas. On the other
hand, respondent Edward Palafox was recommended by the Sangguniang Bayan but it was the
mayor and not the provincial governor who appointed him.