Farinas v. Barba Governor Rodolfo C. Farinas V. Mayor Angelo M. Barba, G.R. No. 116763, April 19, 1996

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.
•A permanent vacancy among the regular Sagguniang Bayan members is filled in by an
appointment of the governor of the province the municipality is a part of. However, such
authority to appoint is restricted only to the nominee of the political party to which the
member who caused the vacancy belongs; should the member be politically unaffiliated,
the Sangguniang Bayan will nominate a qualified individual to fill in the vacant position.
Then, Local Chief Executive shall appoint the qualified individual. Appointees are also
limited to serve only the unexpired term.
Farinas v. Barba
GOVERNOR RODOLFO C. FARINAS v. MAYOR ANGELO M. BARBA,
G.R. No. 116763, April 19, 1996
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.
June 14, 1994, petitioners filed with the Regional Trial Court of Ilocos Norte a petition
for quo warranto and prohibition.
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.
In this case, appointing for the vacant position is the role of the governor with the
sanggunian concerned. It is clear that both appointed officials are not following with the
rules. It is important to know what are their roles and also their jurisdictions. There are
times that they act over their prescribed power and functions. With this, the governor
must appoint a qualified person given by the sangguniang concerned which is the
Sangguniang Bayan of Bayan. Also, the mayor of San Nicolas are not allowed to
appoint officials, it is the governor who has the power.
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.
•Applying Section 45 of the LGC, in case a permanent vacancy occurs in the
Sangguniang Barangay and Sangguniang Kabataan, the rule of succession must first
be applied. This will result in the vacancy of the number seven (7) position. The rule of
succession is not anymore applicable because the number 8 Sangguniang Barangay/
Sangguniang Kabataan candidate in the last election was not proclaimed as winner by
the COMELEC, hence, he/ she has no rank upon which the succession is based.
Pursuant to Sec. 45 (a) (3) of the LGC, the number 7 vacant position shall be filled up
by
appointment to be issued by the city / municipal mayor, upon the recommendation of
the Sangguniang Barangay concerned. For the Sangguniang Kabataan, it is required to
have special election for the said vacancy.
•The permanent vacancy shall be filled up by applying the rule of succession in the
following manner:
1. The highest ranking Sangguniang Barangay member and Sangguniaang Kabataan
member who obtained the highest number of votes shall succeed as the Punong
Barangay.
2. If the highest ranking member refuses to assume, or is permanently incapacitated to
perform the function of his office, the second highest ranking Sangguniang Barangay
member shall assume the position of Punong Barangay. For sk, the second highest
ranking assume the position of sk chairman.
The law says:

“(a) If a permanent vacancy occurs in the office of the Governor or mayor, the vice-
governor or vice-mayor concerned shall become the governor or mayor. If a permanent
vacancy occurs in the offices of the governor, vice-governor, mayor or vice-mayor, the
highest ranking sanggunian member or, or in case of his permanent inability, the
second highest ranking sanggunian member, shall become governor, vice-governor,
mayor or vice-mayor as the case may be. Subsequent vacancies in said offices shall be
filled automatically by the other sanggunian members according to their rank as defined
herein.
(b) If a permanent vacancy occurs in the office of the punong barangay, the highest
ranking sangguniang barangay member or, in case of his permanent inability, the
second highest ranking sanggunian member, shall become the punong barangay.
(c) A tie between and among the highest ranking sanguniang members shall be
resolved by the drawing of lots.
(d) THE SUCCESSOR AS DEFINED HEREIN SHALL SERVE ONLY THE UNEXPIRED
TERMS OF THEIR PREDECEESORS.
A permanent vacancy arises when an elective local official fills a higher vacant office,
refuses to assume office, fails to qualify, dies, removed from office, voluntarily resigns or
is otherwise permanently incapacitated to discharge the functions of his office.
For purposes of succession as provided in this chapter, ranking in the sangunian 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 elections.”
Let us observe that the law defines what a vacancy is and also describes the
parameters of the term of the successor. There are seven ways that is contemplated by
law that cause a vacancy – 1) when the officer fills a higher position, 2) when the officer
refuses to assume office, 3) when the officer fails to qualify, 4) when the officer dies, 5)
when the officer is removed from office, 6) when the officer resigns and 7) when the
officer is permanently incapacitated to discharge the functions of his office. In all these
circumstances the aforesaid successors shall take over and assume the vacated
position. Take note however, that the law mandates that the successor shall serve only
the unexpired term of his predecessor.

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C.

In case the permanent vacancy is caused by a Sanggunian member who does

The law says:

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