G.R. No. 113564 - Dino vs. Court of Appeals

On December 2, 2004, Vice-Mayor Nelia Tumamao of San Isidro, Isabela, died, thereby creating a permanent vacancy in that office.
Pursuant to Section 44 of Republic Act (RA) No. 7160 (the Local Government Code of 1991), Ligaya C. Alonzo, being the highest-ranking member of the Sangguniang Bayan (by virtue of securing the highest number of votes), was elevated to Vice-Mayor.
Alonzo’s elevation resulted in a permanent vacancy in the Sangguniang Bayan.

San Isidro Mayor Abraham T. Lim recommended the appointment of Oscar G. Tumamao, a member of the Laban ng Demokratikong Pilipino (LDP), to fill the vacancy in the Sangguniang Bayan.
Tumamao was appointed by Governor Maria Gracia Cielo M. Padaca and took his oath on April 15, 2005, subsequently attending sessions on April 26, 2005 and May 3, 2006.

On May 5, 2005, petitioner Atty. Lucky M. Damasen joined the LDP by taking his oath of affiliation and, on the same day, secured a letter of nomination from LDP Provincial Chairman Ana Benita Balauag addressed to Governor Padaca.
Governor Padaca appointed Damasen as a member of the Sangguniang Bayan on May 12, 2005, and he took his oath on May 16, 2005.
During a session on May 17, 2005, despite Damasen’s presence, he was not duly recognized in the assembly, as Tumamao remained in office.

Damasen filed a Petition for Quo Warranto before the Regional Trial Court (RTC) of Santiago City, seeking a declaration that he was the rightful member of the Sangguniang Bayan, along with a writ of preliminary injunction against Tumamao.
The RTC issued a Temporary Restraining Order (TRO) initially for 72 hours, later extended to 17 days, and eventually rendered a decision on August 4, 2005, in favor of Damasen.
The RTC’s decision was based on Section 45(b) of RA 7160, holding that Damasen met the statutory requirements for appointment, and declared him the rightful member, enjoining Tumamao from exercising the functions of the office.

Respondent Tumamao appealed the RTC decision to the Court of Appeals (CA).
On June 14, 2006, the CA reversed the RTC decision by dismissing the Quo Warranto action, holding that Damasen failed to satisfy the sine qua non requirements of the nomination under Section 45(b) of RA 7160.
The CA found that:

Damasen, despite being appointed by Governor Padaca, did not comply with the statutory mandate because his nomination came from Ms. Balauag, who was not the “highest official” of the LDP.
Evidence, including the letter from the LDP Deputy Secretary Counsel Demaree J.B. Raval, indicated Damasen was not a bona fide member of the LDP, especially considering his prior affiliation with the Lakas-CMD party.
The nomination of Damasen had been subsequently revoked by Ms. Balauag on June 14, 2005, after his appointment had been effected.

Damasen challenged the CA’s decision on both procedural and substantive grounds, arguing:

That his nomination met the requirements under Section 45(b) of RA 7160.
That the CA erred by not addressing the validity of Tumamao’s assumption of office.
That Tumamao, by questioning his appointment, was improperly bringing the issue under appeal rather than filing a separate Quo Warranto action.

The Supreme Court’s review focused on whether the requirements for appointment were strictly complied with, particularly the necessity of a nomination from the highest official of the political party and bona fide membership.

Whether the Court of Appeals erred in dismissing the Quo Warranto action on the ground that Damasen’s nomination did not comply with the mandatory requirements of Section 45(b) of RA 7160.
Whether the CA’s decision failed to properly address the validity of Tumamao’s assumption to the office of Sangguniang Bayan member.
Whether the petition for review should have been dismissed on the basis that any challenge to the appointment ought to be pursued through a separate action, as argued by Damasen.
Whether the revocation of Damasen’s nomination, which occurred after his appointment, should be given legal effect in determining his qualification as a Sangguniang Bayan member.