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Updated 21st February 2025
Fariñas vs. Barba
A vacancy in the San Nicolas Sangguniang Bayan led to conflicting appointments by the Provincial Governor and Municipal Mayor. The Supreme Court ruled that the Governor has the authority to appoint replacements for non-partisan vacancies but must follow the Sanggunian’s recommendation.

Primary Holding

The Provincial Governor appoints replacements for permanent vacancies in the Sangguniang Bayan caused by non-partisan members, but only upon recommendation of the Sangguniang Bayan.

Background

Carlito Domingo (non-partisan Sangguniang Bayan member) resigned, triggering a dispute over appointment authority between Governor Farinas and Mayor Barba.

History

  • March 24, 1994: Domingo resigns.

  • June 8, 1994: Governor appoints Nacino; Mayor appoints Palafox.

  • June 14, 1994: Quo warranto/prohibition filed in RTC Ilocos Norte.

  • July 8, 1994: RTC upheld Mayor’s appointment.

  • August 18, 1994: Motion for reconsideration denied.

  • April 19, 1996: Supreme Court affirmed RTC’s dismissal but clarified appointment rules.

Facts

  • 1. Governor Farinas appointed Al Nacino, while Mayor Barba appointed Edward Palafox after Domingo’s resignation. The Sangguniang Bayan recommended Palafox, but the Sangguniang Panlalawigan rejected this and endorsed Nacino.

Arguments of the Petitioners

  • 1. The Governor has exclusive authority under Section 45(a)(2) of the Local Government Code to appoint Sangguniang Bayan replacements, including for non-partisan vacancies.

Arguments of the Respondents

  • 1. The Mayor is the “local chief executive” under Section 45(c) authorized to appoint replacements for non-partisan vacancies upon the Sangguniang Bayan’s recommendation.

Issues

  • 1. Who has the authority to appoint replacements for non-partisan Sangguniang Bayan vacancies, and what procedural requirements apply?

Ruling

  • 1. The Governor appoints non-partisan vacancies in the Sangguniang Bayan, but the Sangguniang Bayan’s recommendation is mandatory. Neither Nacino nor Palafox validly occupied the seat due to procedural defects.

Doctrines

  • 1. Statutory interpretation of Section 45(c) of the Local Government Code (R.A. 7160). Vacancies caused by non-partisan members require Sanggunian recommendations.

Statutory and Constitutional Provisions

  • 1. Section 45(a)(2) and (c) of the Local Government Code (appointment authority).
  • 2. Section 63 (preventive suspension hierarchy).
  • 3. Section 61 (administrative complaints review).