Navarro v. Court of Appeals, G.R. No. 141307.

March 28, 2001

digested by Ms. Iola Vianka M. Pion

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
Sangguniang

or not the appointment of Navarro as a member of the 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.