Damasen vs. Tumamao

An appointment to a permanent vacancy in the Sanggunian is null and void ab initio unless the appointee is a bona fide member of the same political party as the Sanggunian member who caused the vacancy and possesses both a nomination and a certificate of membership from the highest official of that political party.

Atty. Lucky M. Damasen and Oscar G. Tumamao both claimed the Sangguniang Bayan seat of San Isidro, Isabela. The dispute turns on Sec. 45(b) of RA 7160, the Local Government Code of 1991, which governs succession in permanent vacancies in the Sanggunian and requires the appointee to come from the same political party as the member who caused the vacancy, with a nomination and certificate of membership from the party's highest official.

On December 2, 2004, Nelia Tumamao, the Vice-Mayor of San Isidro, Isabela, died, creating a permanent vacancy in the Office of the Vice-Mayor. Pursuant to Sec. 44 of RA 7160, Ligaya C. Alonzo, the highest-ranking member of the Sangguniang Bayan — the one who garnered the highest number of votes for that office — was elevated to Vice-Mayor. Her elevation in turn created a permanent vacancy in the Sangguniang Bayan.

To fill the vacancy, San Isidro Mayor Abraham T. Lim recommended to Governor Maria Gracia Cielo M. Padaca the appointment of Oscar G. Tumamao, a member of the Laban ng Demokratikong Pilipino (LDP), the same political party to which Alonzo belonged. On April 15, 2005, Tumamao took his oath as a member of the Sangguniang Bayan before Mayor Lim, and on April 26, 2005 and May 3, 2006, he attended the regular sessions of the Sangguniang Bayan.

On May 5, 2005, Atty. Lucky M. Damasen became a member of the LDP after taking his oath of affiliation before LDP Provincial Chairman Ana Benita Balauag. On even date, he secured from Balauag a letter of nomination addressed to Governor Padaca for his appointment to the Sangguniang Bayan. On May 12, 2005, Governor Padaca appointed Damasen as Sangguniang Bayan member, and on May 16, 2005, he took his oath before her. On May 17, 2005, Damasen attended the Sangguniang Bayan session, but with Tumamao present, he was not recognized by a majority of its members.

In the afternoon of May 17, 2005, Damasen filed with the RTC of Santiago City a Petition for Quo Warranto with Prayer for the Issuance of a Writ of Preliminary Injunction, docketed as Special Civil Action Case No. 0234, seeking to be declared the rightful member of the Sangguniang Bayan on the strength of his nomination by Balauag and his appointment by Governor Padaca. The RTC issued a Temporary Restraining Order effective for 72 hours, later extended to 17 days.

At the hearing on the propriety of the writ of preliminary injunction, Damasen testified that he was an LDP member nominated by Balauag, appointed by Governor Padaca, and that he took his oath before her, but that during the May 12, 2005 session he was not recognized by a majority of the Sangguniang Bayan members. For his part, Tumamao presented his counsel Atty. Ernest Soberano, who identified a letter dated June 14, 2005 signed by Balauag revoking her nomination of Damasen and confirming Tumamao's nomination by Mayor Lim. Tumamao later presented Balauag herself, who affirmed the contents of her revocation letter.

In that June 14, 2005 letter, Balauag stated that when Damasen and Judge Jose O. Ramos (Ret.) visited her in May 2005 to request the nomination, Damasen did not disclose that he had been a candidate for Mayor in the May 2004 elections under the Lakas Party and had run against the LDP's candidate; she had been given the impression that he was not affiliated with any political party, and she later learned of his Lakas membership, which she said violated the party's By-Laws. On June 16, 2005, Demaree J.B. Raval, Deputy Secretary Counsel of the LDP, wrote Governor Padaca stating that Damasen did not appear in the party's records as a bona fide member, that his certificate of membership had not been endorsed to the LDP National Council for approval, and that his certificate of candidacy for the May 10, 2004 elections showed he was nominated by the Lakas-CMD Party. Damasen, for his part, maintained that he committed no misrepresentation, that Balauag's claim of ignorance was absurd because Echague, Isabela, where she also ran for Mayor, was an adjoining town of San Isidro, and that the revocation of his nomination after his appointment had no legal effect.

• Compliance with Sec. 45(b): Damasen argued that he complied with the requirements of Sec. 45(b) of RA 7160, having submitted his Oath of Affiliation with the LDP dated May 5, 2005, his Certificate of Membership with the LDP dated May 5, 2005, the Letter of Nomination by LDP Provincial Chairman Balauag dated May 5, 2005, the Letter of Appointment from Governor Padaca dated May 12, 2005, and his Panunumpa sa Katungkulan dated May 16, 2005.
• Effect of Revocation: Damasen argued that the revocation of his nomination on June 14, 2005 came after Governor Padaca had already appointed him, and therefore had no legal effect.
• No Misrepresentation: Damasen maintained that he committed no misrepresentation in securing his Certificate of Nomination and Membership, and that Balauag's claim that she did not know he had run for Mayor was absurd because Echague, Isabela, where she also ran for Mayor, was an adjoining town of San Isidro.
• Tumamao's Lack of Authority: Damasen argued that Tumamao, not having been appointed to the Sangguniang Bayan, had no right to question his appointment by way of appeal; the proper remedy should have been a separate case of quo warranto filed against Damasen.
• CA's Failure to Rule: Damasen argued that the CA erred in not ruling on the validity of Tumamao's assumption to office as Sangguniang Bayan member.

• Lack of Bona Fide Membership: Tumamao argued that Damasen was not a bona fide member of the LDP, his membership not having been endorsed to the LDP National Council for approval.
• Balauag Not the Highest Official: Tumamao argued that Provincial Chairman Balauag was not the "highest official" of the LDP as contemplated under Sec. 45(b) of RA 7160.

• Propriety of Appeal: Whether Tumamao, who was not appointed to the contested Sangguniang Bayan seat, could question Damasen's appointment through an appeal rather than a separate quo warranto.
• Compliance with Sec. 45(b) of RA 7160: Whether Damasen complied with the requirements of Sec. 45(b) of RA 7160 for appointment to the vacant Sangguniang Bayan seat.
• Validity of Tumamao's Assumption: Whether the CA erred in not ruling on the validity of Tumamao's assumption to office as Sangguniang Bayan member.

• Propriety of Appeal: No. A separate quo warranto would be tantamount to a multiplicity of suits; the determination of who between Damasen and Tumamao is entitled to the contested position is the crux of the controversy.
• Compliance with Sec. 45(b): No. Damasen was not a bona fide LDP member and his nomination came from the Provincial Chairman, not the party's highest official.
• Validity of Tumamao's Assumption: No error. Tumamao had the nomination of Senator Angara, the LDP Party Chairman and highest official, and was a member in good standing, thus satisfying Sec. 45(b).

• Propriety of Appeal: Damasen's contention that Tumamao should have filed a separate quo warranto instead of appealing the RTC decision does not hold water. The determination of who, between Damasen and Tumamao, is entitled to the contested position is the crux of the controversy in the case. A separate action would only be tantamount to a multiplicity of suits, which is abhorred by law.

• Compliance with Sec. 45(b): The law applicable is Sec. 45(b) of RA 7160, which provides two conditions for the rule of succession to apply: first, the appointee shall come from the same political party as that of the Sanggunian member who caused the vacancy; second, the appointee must have a nomination and a Certificate of Membership from the highest official of the political party concerned. Damasen submitted an Oath of Affiliation, a Certificate of Membership, a Letter of Nomination from Balauag, a Letter of Appointment from Governor Padaca, and his oath of office. Two documents, however, were vital: Balauag's June 14, 2005 letter revoking the nomination, and Raval's June 16, 2005 letter stating that Damasen was not a bona fide LDP member. The SC held that while it was not its province to decide whether Balauag knew or should have known that Damasen was a Lakas-CMD member, the TSN of July 12, 2005 showed that Balauag repeatedly denied knowing that Damasen ran for Mayor in San Isidro. Damasen was previously a member of the Lakas-CMD party. While the revocation came after the appointment by Governor Padaca, the same should not bar any contest on the appointment, because the primordial issue is whether Damasen complied with Sec. 45(b). As to the Raval letter, the SC found no reason to doubt the veracity of the letter from the LDP leadership: Damasen's membership still had to be approved by the LDP National Council, and the Certificate of Membership from Balauag merely started the process of his membership and did not mean automatic membership. The SC held that the discretion of accepting members to a political party is a right and a privilege, a purely internal matter, which it cannot meddle in. Guided by Navarro vs. Court of Appeals, the SC explained that the reason behind the right given to a political party to nominate a replacement where a permanent vacancy occurs in the Sanggunian is to maintain party representation as willed by the people in the election. Since the vacancy occurred because of the elevation of LDP member Alonzo to Vice-Mayor, the person to succeed her should also belong to the LDP. Damasen, not being a bona fide LDP member, could not be countenanced. Appointing Damasen would not serve the will of the electorate: he admitted he was previously a Lakas-CMD member, ran for Mayor under that party in the May 2004 elections, did not resign therefrom when he joined the LDP, and joined the LDP not because of party ideals but because he just wanted to. Granting the petition would diminish the party representation of the LDP in the Sanggunian, a scenario that defeats the purpose of the law and runs contrary to the ratio of Navarro.

• Validity of Tumamao's Assumption: The records revealed that Tumamao had the nomination of Senator Edgardo J. Angara, the Party Chairman and therefore the highest official of the LDP. He was also a member in good standing of the LDP. Given the foregoing, the SC held that Tumamao complied with the requirements of law.

• Party Representation in the Sanggunian — Sec. 45(b) of RA 7160 gives the political party the right to nominate a replacement where a permanent vacancy occurs in the Sanggunian in order to maintain party representation as willed by the people in the election. In this case, since the vacancy was caused by the elevation of LDP member Alonzo to Vice-Mayor, the successor had to belong to the LDP; Damasen's appointment would have diminished LDP representation and defeated the purpose of the law.
• Sine Qua Non Requirements for Appointment to a Sanggunian Vacancy — The appointee must (1) come from the same political party as the Sanggunian member who caused the vacancy, and (2) possess a nomination and a certificate of membership from the highest official of the political party concerned. Any appointment without such nomination and certification is null and void ab initio and a ground for administrative action against the responsible official. Applied here, Damasen failed both: he was not a bona fide LDP member, and his nomination came from the Provincial Chairman, not the party's highest official.
• Political Party Membership as an Internal Matter — The discretion of accepting members to a political party is a right and a privilege, a purely internal matter which the SC cannot meddle in. Applied here, the SC upheld the LDP leadership's requirement that membership be endorsed to the National Council for approval, and refused to impose its own view of when membership is acquired.

• "The reason behind the right given to a political party to nominate a replacement where a permanent vacancy occurs in the Sanggunian is to maintain the party representation as willed by the people in the election." — Adopted from Navarro, this passage supplies the ratio behind Sec. 45(b) and anchors the SC's conclusion that the successor must come from the LDP.
• "It is well settled that the discretion of accepting members to a political party is a right and a privilege, a purely internal matter, which this Court cannot meddle in." — Defines the political-party-membership doctrine and justifies the SC's deference to the LDP National Council's non-endorsement of Damasen.
• "While the revocation of the nomination given to Damasen came after the fact of his appointment, this Court cannot rule in his favor, because the very first requirement of Sec. 45 (b) is that the appointee must come from the political party as that of the Sanggunian member who caused the vacancy." — Rejects Damasen's argument that the revocation came too late; compliance with the statutory requirement, not the timing of the revocation, is controlling.

• Navarro vs. Court of Appeals, G.R. No. 141307, March 28, 2001, 672 SCRA 355 — Controlling precedent; the SC adopted its explanation of the ratio of Sec. 45(b) — maintaining party representation as willed by the electorate — and applied it to hold that Damasen's appointment would diminish LDP representation.

• Sec. 44, RA 7160 (Local Government Code of 1991) — Automatic succession in permanent vacancies in the offices of the governor, vice-governor, mayor, and vice-mayor; applied when Alonzo, the highest-ranking Sanggunian member, was elevated to Vice-Mayor, creating the vacancy in the Sangguniang Bayan.
• Sec. 45(b), RA 7160 — Rule on succession in permanent vacancies in the Sanggunian; requires the appointee to come from the same political party as the member who caused the vacancy and to have a nomination and certificate of membership from the highest party official, failing which the appointment is null and void ab initio. Applied to invalidate Damasen's appointment.