G.R. No. 196735 - People vs. Feliciano, Jr.

In the May 11, 1997 local elections for Mapandan, Pangasinan, the following were elected:

Mayor: Cesar M. Calimlim (Lakas NUCD-KAMPI)
Vice-Mayor: Baltazar Aquino (Lakas NUCD-KAMPI)
Members of the Sangguniang Bayan (councilors), ranked by votes obtained, included:

ii. Rolando S. Soriano (REFORMA-LM) iii. Leopoldo C. Biagtan (REFORMA-LM) iv. Florentino Z. Lalas (REFORMA-LM)

vi. Victorio C. Lalangan (LAKAS NUCD-KAMPI) vii. Judy A. Pascual (REFORMA-LM) viii. Rolando Lalas (LAKAS NUCD-KAMPI)

On March 25, 1999, Mayor Cesar Calimlim died, thereby creating a vacancy in the mayor’s office.
By operation of law under Section 44 of Republic Act 7160 (Local Government Code of 1991), Vice-Mayor Baltazar Aquino succeeded the mayor.
As Aquino’s elevation left a vacancy in the Sangguniang Bayan – specifically in the position held by the highest-ranking councilor – the succession protocol was triggered.

Danny B. Tamayo, originally the highest-ranking member by votes (and a member of REFORMA-LM), was elevated to the position of Vice-Mayor due to the succession rule.
Following Tamayo’s elevation, Governor Victor Agbayani appointed Purto J. Navarro to fill the vacancy in the Sangguniang Bayan, noting that Navarro was from the same political party (REFORMA-LM) as Tamayo.
Private respondents (including opponents affiliated with or favoring Lakas-NUCD-KAMPI) contested the appointment by filing Civil Case No. 99-12958-D before the Regional Trial Court of Dagupan City, Branch 44.

The Regional Trial Court denied the motions for a temporary restraining order and the inhibition of Judge Laron.
Private respondents sought review on certiorari by filing a Petition for Review on Certiorari with the Supreme Court, questioning the basis of the appointment.
The Court of Appeals, in its October 7, 1999 decision, reversed the appointment based on a different interpretation of the chain of succession:

The appellate court contended that the death of the mayor created a chain of vacancies that led to a “last vacancy” which was determined to be the position formerly of the lowest ranking councilor (Rolando Lalas, a Lakas-NUCD-KAMPI member).
Consequently, the vacancy should be filled from the political party of Rolando Lalas, allegedly benefiting Lakas-NUCD-KAMPI.

Section 44 of RA 7160 details the automatic succession mechanism for vacancies in the offices of the governor, mayor, and vice-mayor, including the elevation of the highest ranking sanggunian member.
Section 45 of RA 7160 (particularly subsection [b]) governs the appointment of replacements in the Sangguniang Bayan, stipulating that the replacement must come from the same political party as the member whose elevation created the vacancy.
The purpose of these provisions is to maintain the political party representation as decided by the electorate.

Petitioners argued that the Court of Appeals erred in giving due course to the petition due to a defective verification in the pleading.
The argument centered on the form of verification, which merely stated that the allegations were “true and correct to the best of my own knowledge and information” instead of the more stringent standard of “true and correct of my knowledge and belief” as required by Section 4, Rule 7 of the Rules of Court.
The contention was that the defective verification should have rendered the petition invalid.

Whether the appointment of petitioner Purto J. Navarro to the Sangguniang Bayan of Mapandan, Pangasinan, is valid under Section 45(b) of RA 7160 given the purported chain of succession initiated by the death of the mayor.
Whether the “last vacancy” in the Sanggunian should be interpreted as the vacancy created by the elevation of the highest-ranking member (Danny B. Tamayo) or as the vacancy corresponding to the lowest-ranking order in the succession (that of Rolando Lalas).

Whether the defective form of verification in the petition (stating “to the best of my own knowledge and information” versus “of my knowledge and belief”) legally affects the merits of the petition.