Title
Damasen vs. Tumamao
Case
G.R. No. 173165
Decision Date
Feb 17, 2010
Vacancy in San Isidro Sangguniang Bayan led to conflicting appointments; SC upheld Tumamao's legitimacy over Damasen due to LDP compliance under RA 7160.
permanent vacancy
appointment
political party
A

Case Summary (G.R. No. 165483)

Key Dates and Procedural Posture

Vacancy occurred December 2, 2004. Tumamao took oath as Sangguniang Bayan member April 15, 2005. Damasen took his oath of LDP affiliation and received a provincial nomination May 5, 2005; he was appointed by Governor Padaca May 12, 2005 and took oath May 16, 2005. Damasen filed quo warranto in RTC May 17, 2005. RTC ruled for Damasen August 4, 2005. Court of Appeals reversed June 14, 2006. The Supreme Court denied the petition and affirmed the CA decision (decision rendered in 2010). Applicable procedural and substantive law invoked includes Rule 45 of the 1997 Rules of Civil Procedure and Sections 44–45 of RA No. 7160 (Local Government Code). The case was decided within the framework of the 1987 Constitution.

Facts Relevant to Title Succession and Appointment

Alonzo, as highest‑ranking Sangguniang Bayan member, was elevated to Vice‑Mayor, creating a permanent vacancy in the Sangguniang Bayan. Mayor Lim recommended Tumamao to the Governor to fill that vacancy. Provincial LDP Chairman Balauag issued a nomination and certificate for Damasen on May 5, 2005; Governor Padaca appointed Damasen May 12, 2005. Balauag later, by letter dated June 14, 2005, revoked her earlier nomination of Damasen and confirmed Tumamao’s nomination. The LDP national office, through Demaree Raval’s June 16, 2005 letter, informed the Governor that Damasen did not appear in LDP national records as a bona fide member because his membership had not been endorsed to the LDP National Council for approval. Tumamao presented a nomination by the LDP Party Chairman.

Issues Raised by the Petitioner

Damasen presented three principal issues: (A) the CA erred in dismissing the quo warranto on the ground that his nomination did not comply with Section 45 of RA 7160; (B) the CA erred in not ruling on the validity of Tumamao’s assumption to office; and (C) the CA erred in entertaining Tumamao’s appeal because Tumamao allegedly lacked authority to question Damasen’s appointment.

Trial Court Ruling and Rationale

The RTC declared Damasen the rightful Sangguniang Bayan member, enjoined Tumamao from occupying the office, and awarded salaries and costs to Damasen. The RTC reasoned that Damasen had complied with Section 45(b) of RA 7160; the revocation by Provincial Chairman Balauag occurred after Governor Padaca had acted on the nomination and therefore could not undo the appointment absent a showing of grave abuse of discretion.

Court of Appeals Ruling and Grounds for Reversal

The CA vacated the RTC judgment and dismissed the quo warranto for lack of merit. The CA held that (1) a nomination must come from the “highest official” of the political party as required by Section 45(b) and a provincial chairman is not necessarily the highest official; (2) evidence showed Damasen was not a bona fide LDP member because his membership had not been endorsed to and approved by the LDP National Council and because he had been previously affiliated with Lakas‑CMD and had run under that party; and (3) Provincial Chairman Balauag’s subsequent revocation and the national office’s denial of Damasen’s bona fide membership undermined the legality of his appointment.

Supreme Court’s Procedural Determination

The Supreme Court dismissed the procedural objection that Tumamao lacked standing to appeal, explaining that the central controversy was who among the two claimants was entitled to the contested public office; permitting an appeal rather than a separate quo warranto action avoided multiplicity of suits and was appropriate for resolution of the dispute.

Statutory Requirements Under Section 45(b), RA 7160

Section 45(b) prescribes two essential conditions for appointments filling permanent vacancies in sanggunian bodies: (1) the appointee must come from the same political party as the member whose elevation caused the vacancy; and (2) the appointment must be supported by both a nomination and a certificate of membership issued by the highest official of the political party concerned. The statute characterizes these requirements as conditions sine qua non, and any appointment lacking them is declared null and void ab initio and actionable administratively.

Analysis of Evidence on Nomination and Membership

The Court examined two dispositive documents: Balauag’s June 14, 2005 letter revoking her May 5 nomination of Damasen, and the LDP national letter (Raval, June 16, 2005) stating Damasen was not in the national membership records and that his provincial certificate had not been endorsed to the National Council for approval. The Court accepted the national letter as credible and concluded that Damasen’s provincial certificate did not itself establish that he was a bona fide member within the party’s required membership process. The Court also relied on Damasen’s own testimony that he had been previously affiliated with Lakas‑CMD and had not resigned that affiliation; such admissions supported the finding that he was not a member in good standing of the LDP and that appointing him would defeat the statute’s purpose of preserving party representation.

Party Autonomy and Deference to Internal Party Rules

The Court emphasized deference to the political party’s internal rules and to the d

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