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

Case Summary (G.R. No. 116763)

Factual Background and Issue Presented

Carlito B. Domingo, a member of the Sangguniang Bayan of San Nicolas, Ilocos Norte, resigned on March 24, 1994, after reportedly going without leave to the United States, creating a permanent vacancy. To fill this vacancy, Mayor Angelo M. Barba recommended the appointment of Edward Palafox to Governor Rodolfo C. Farinas. The Sangguniang Bayan of San Nicolas also recommended Edward Palafox but submitted their recommendation to the Mayor instead of the Governor. The Sangguniang Panlalawigan of Ilocos Norte, upon receiving the resolution ostensibly for review, disapproved it on the ground that the appointment authority lies solely with the Governor, not with the Sangguniang Panlalawigan, and recommended Al Nacino instead. Governor Farinas appointed Nacino on June 8, 1994, while Mayor Barba appointed Palafox to the same position the same day.
The key legal question is: In cases of permanent vacancy caused by a member of the Sangguniang Bayan who does not belong to any political party, who has the authority to appoint the replacement, and what procedure must be followed?

Lower Court Ruling and Reasoning

The Regional Trial Court (RTC) ruled in favor of the respondents, holding that under Section 45, subsection (c) of the Local Government Code (R.A. No. 7160), when a vacancy arises from a sanggunian member who does not belong to any political party, the local chief executive shall appoint a qualified person upon recommendation from the sanggunian concerned. The RTC identified the “local chief executive” as the Municipal Mayor for vacancies in the Sangguniang Bayan and not the Governor. It reasoned that subsection (c) is a distinct provision from Subsection 2 of Section 45, which vests power to appoint in the Governor only in cases involving sangguniang members belonging to political parties. The RTC thus affirmed Mayor Barba's authority to appoint Edward Palafox upon the Sanggunian’s recommendation.

Petitioners’ Arguments

Petitioners argued that the power to fill the vacancy belongs to the Provincial Governor upon the recommendation of the Sangguniang Panlalawigan, relying on the classification of appointing authorities in Section 45(a) of the Local Government Code and the predecessor Code B.P. Blg. 337. They contended the term “local chief executive” in subsection (c) must be understood as the same official identified in subsection (a), i.e., the Governor for vacancies in the Sangguniang Bayan. They also emphasized that the recommendation should come from the Sangguniang Panlalawigan rather than the Sangguniang Bayan.

Legal Analysis: Meaning of “Local Chief Executive” and “Sangguniang Concerned”

The Supreme Court analyzed the statutory language and the legislative intent behind the Local Government Code of 1991. It noted that:

The phrase “local chief executive” in paragraph (c) of Section 45 cannot strictly mean the same official identified in paragraph (a) in all cases, because this would lead to contradictory interpretations when applied to vacancies in bodies like the Sangguniang Barangay. For example, in paragraph (a)(3), the mayor is the appointing authority, but the punong barangay is the local chief executive of the barangay, so the phrase in paragraph (c) could not literally mean the punong barangay.
The term “local chief executive” in paragraph (c) is a misnomer or a generic expression that broadly refers to the appropriate local chief executive for the territorial jurisdiction of the sanggunian where the vacancy occurs.
The phrase “Sanggunian concerned” in paragraph (c) refers to the sanggunian where the vacancy actually arises, rather than a higher-level sanggunian. Thus, for vacancies in the Sangguniang Bayan, the sanggunian concerned is the Sangguniang Bayan itself, not the Sangguniang Panlalawigan.

The Court found that reading paragraph (c) in harmony with the other paragraphs of Section 45 leads to the conclusion that vacancies caused by members not belonging to political parties should be filled by appointment by the appropriate local chief executive (Mayor for Sangguniang Bayan) upon the recommendation of the sanggunian in which the vacancy exists (Sangguniang Bayan), not by the Governor upon a recommendation from the Sangguniang Panlalawigan.

Clarification of Appointment Powers Under R.A. No. 7160 Section 45

The Court delineated the regime for filling vacancies in local sanggunian bodies as follows:

If the vacancy is caused by a member belonging to a political party:
- Sangguniang Panlalawigan and Sangguniang Panlungsod of highly urbanized and independent component cities: Appointment by the President upon nomination and certification by the political party.
- Sangguniang Panlungsod of component cities and Sangguniang Bayan: Appointment by the Governor upon nomination and certification by the political party.
- Sangguniang Barangay: Appointment by the city or municipal Mayor upon nomination and certification by the sanggunian concerned.
If the vacancy is caused by a member who does not belong to any political party:
- Sangguniang Panlalawigan and Sangguniang Panlungsod of highly urbanized and independent component cities: Appointment by the President upon recommendation of the sanggunian concerned.
- Sangguniang Panlungsod of component cities and Sangguniang Bayan: Appointment by the Governor upon recommendation of the sanggunian concerned.
- Sangguniang Barangay: Appointment by the Mayor upon recommendation of the sanggunian concerned.

The Court emphasized that in instances where no political party nomination is possible (as when the vacancy was caused by an independent member), the recommendation by the sanggunian concerned replaces the nomination and certification from the political party and thus is an indispensable prerequisite for appointment.

Discretion and Limitations of Appointment Authority

The appointing authority, while vested with discretionary power, is not permitted to appoint individuals without the recommendation of the relevant sanggunian, as this would circumvent the legislative scheme designed to maintain local democratic participation and checks on appointments. The recommendation is a condition sine qua non for a valid appointment, analogous to the requirement of party nomination in cases involving political party-affiliated members.

Application to the Case and Final Resolution

In the instant case, although Al Nacino was appointed by the Governor, he was not recommended by the Sangguniang Bayan of San Nicolas as r

Case Syllabus (G.R. No. 116763)

Case Background and Central Question

The essential issue concerns the authority and procedure to fill a permanent vacancy in the Sangguniang Bayan caused by the cessation from office of a member who does not belong to any political party.
The vacancy arose from the resignation of Carlito B. Domingo, a member of the Sangguniang Bayan of San Nicolas, Ilocos Norte, on March 24, 1994, after leaving for the United States without leave.
Respondent Mayor Angelo M. Barba recommended Edward Palafox to the provincial governor, petitioner Rodolfo C. Farinas, for appointment.
The Sangguniang Bayan of San Nicolas also recommended Edward Palafox to Mayor Barba, and this was forwarded to the Sangguniang Panlalawigan of Ilocos Norte to comply with Section 56 of the Local Government Code (R.A. No. 7160).
The Sangguniang Panlalawigan disapproved the recommendation addressed to it, stating the authority to appoint rests with the Governor and that recommendations should be made to the Governor.
The Sangguniang Panlalawigan then recommended Al Nacino, vice Carlito Domingo, to the Governor.
On June 8, 1994, the Governor appointed Nacino and administered his oath; in contrast, Mayor Barba appointed Edward Palafox the same day, and Palafox took his oath on June 9, 1994.
Petitioners filed a quo warranto petition challenging Palafox’s appointment.
The trial court ruled in favor of Palafox, basing its decision on subsection "C" of Section 45 of R.A. No. 7160, holding that when a permanent vacancy is caused by a member who does not belong to a political party, the local chief executive shall appoint upon recommendation of the Sangguniang concerned.

Statutory Provisions Involved

The main statutory provision at issue is Section 45 of the Local Government Code of 1991 (R.A. No. 7160), particularly its subsections (a), (b), and (c):
- (a) details which official appoints to fill permanent vacancies depending on the sanggunian involved:
  - President for Sangguniang Panlalawigan and Sangguniang Panlungsod of highly urbanized/independent cities.
  - Governor for component cities and Sangguniang Bayan.
  - City/municipal mayor for Sangguniang Barangay, upon recommendation of the concerned Sanggunian.
- (b) indicates that appointees must be nominees from the political party of the member who caused the vacancy, except for the Sangguniang Barangay.
- (c) prescribes that if the vacancy is caused by a member who does not belong to any political party, the "local chief executive" appoints a qualified person upon recommendation of the "sanggunian concerned."
Related provisions from the former Local Government Code (B.P. Blg. 337) and preventive suspension rules (Section 63) reflect a hierarchy of executive power vesting in the President, Governor, and Mayor.

Interpretation of "Local Chief Executive" and "Sanggunian Concerned"

Petitioners argued the "local chief executive" in subsection (c) refers to the Governor for Sangguniang Bayan vacancies, citing subsection (a) of Section 45.
The Court clarified that the phrase "local chief executive" in (c) is a stylistic, generic term for the appropriate appointing official, not necessarily the Governor in all cases.
The Court noted inconsistencies with petitioners’ interpretation:
- If "local chief executive" were always the Governor, it would contradict provisions assigning mayoral appointment powers for Sangguniang Barangay.
- This would negate the mayor’s power to fill vacancies in Sangguniang Barangay despite the mayor not being the "local chief executive" of the barangay.
- Similarly, the President cannot be considered a "local chief executive" though he appoints in some c