G.R. No. 116763 - Farinas vs. Barba

Carlito B. Domingo was a member of the Sangguniang Bayan of San Nicolas, Ilocos Norte.
On March 24, 1994, Domingo resigned after going without leave to the United States, creating a permanent vacancy in the Sangguniang Bayan.

Mayor Angelo M. Barba recommended Edward Palafox to Governor Rodolfo C. Farinas for appointment.
The Sangguniang Bayan of San Nicolas passed a resolution recommending Edward Palafox, but the recommendation was submitted to Mayor Barba instead of the Governor.
The Sangguniang Panlalawigan of Ilocos Norte disapproved the resolution, stating that the authority to appoint Sangguniang Bayan members lies with the Governor, and therefore the resolution should be addressed to him.
The Sangguniang Panlalawigan recommended Al Nacino, vice Carlito Domingo, for appointment by the Governor.
On June 8, 1994, Governor Farinas appointed Al Nacino and swore him into office. On the same day, Mayor Barba appointed Edward Palafox to the same position, and Palafox took his oath on June 9, 1994.

Petitioners (Governor Farinas and Al Nacino) filed a petition for quo warranto and prohibition with the Regional Trial Court (RTC) of Ilocos Norte against the respondents (Mayor Barba, Vice Mayor Hernando, and Edward Palafox) contesting Palafox's appointment.
On July 8, 1994, the RTC upheld the appointment of Palafox by Mayor Barba, reasoning that under Section 45(c) of the Local Government Code (RA 7160), when the vacancy is caused by a member not belonging to any political party, the local chief executive, upon recommendation of the sanggunian concerned, appoints the replacement. In this case, the local chief executive was the municipal mayor.
Petitioners’ motion for reconsideration was denied by the RTC on August 18, 1994.
Petitioners elevated the case to the Supreme Court via petition for review on certiorari.

Section 45 of the Local Government Code (RA 7160), particularly paragraph (c) which states that if the 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.
Other related provisions referenced include Sections 50 (former Code), 61 (administrative complaints), and 63 (preventive suspension) of the Local Government Code.

Who is the "local chief executive" empowered to appoint the replacement in the case of permanent vacancy caused by a sanggunian member who does not belong to any political party?
What is the meaning of "sanggunian concerned" in Section 45(c) of RA 7160 with respect to such vacancies?
What is the correct procedure for filling a permanent vacancy in the Sangguniang Bayan caused by cessation from office of a member not affiliated with any political party?
Is the appointing authority bound by the recommendation of the sanggunian concerned?