Damasen vs. Tumamao; G.R. No. 173165; February 17, 2010; Succession in Sanggunian

Facts:

The Vice-Mayor of San Isidro, Isabela, died. The highest-ranking member of the Sangguniang Bayan, a member of the Laban ng Demokratikong Pilipino (LDP), was elevated as Vice-Mayor. Mayor Abraham T. Lim (Mayor Lim) recommended to Governor Maria Gracia Cielo M. Padaca (Governor Padaca) the appointment of Oscar G. Tumamao (Tumamao), also a member of the LDP, to fill up the vacancy in the Sanggunian. Tumamao took his oath before the mayor as Sangguninan member and attended its regular sessions.

After a few days, Atty. Lucky Damasen (Damasen) took his oath of affiliation to the LDP before the LDP Provincial Chairman, Ms. Ana Benita Balauag (Provincial Chairman Balauag), and secured from her a letter of nomination addressed to Governor Padaca for his appointment to the Sangguniang Bayan. He was appointed as Sanggunian member by the governor and took his oath before her. Damasen attended the Sangguniang Bayan session but was not duly recognized.

Damasen filed with the Regional Trial Court a petition seeking to be declared as the rightful member of the Sanggunian by reason of the provincial chairman’s nomination and the governor’s appointment.

The RTC ruled in favor of Damasen. It based its decision on Sec. 45 (b) of RA 7160. This law provides for the rule on succession in cases of permanent vacancies in the Sanggunian: first, that the appointee shall come from the same political party as that of the Sanggunian member who caused the vacancy and; second, that the appointee must have a nomination and a Certificate of Membership from the highest official of the political party concerned.

Tumamao appealed the RTC Decision to the Court of Appeals. The CA held that Damasen was not entitled to assume the vacant position in the Sangguniang Bayan.

Issue: Whether Damasen is entitled to assume the vacant position in the Sangguniang Bayan

Held:

Damasen is not entitled, not even qualified, to assume the vacant position in the Sangguniang Bayan because he is not a bona fide member of LDP. Provincial Chairman Balauag is not the highest official of the LDP. The membership of Damasen still had to be approved by the LDP National Council. Thus, notwithstanding Damasen’s procurement of a Certificate of Membership from LDP Provincial Chairman Balauag, the same merely started the process of his membership in the LDP, and it did not mean automatic membership thereto.