Fariñas vs. Barba

In case of a permanent vacancy in the Sangguniang Bayan caused by a member who does not belong to any political party, the provincial governor is the proper appointing authority, and a prior recommendation from the Sangguniang Bayan concerned is a condition sine qua non for a valid appointment.

A member of the Sangguniang Bayan of San Nicolas, Ilocos Norte, who did not belong to any political party, resigned. The municipal mayor recommended a replacement to the provincial governor. The Sangguniang Bayan also passed a resolution recommending the same person but addressed to the mayor. The Sangguniang Panlalawigan disapproved this resolution, asserting the appointing power belonged to the governor, and instead recommended a different candidate to the governor. Both the governor and the mayor subsequently issued separate appointments for their respective nominees on the same day, leading to a quo warranto and prohibition petition filed by the governor and his appointee.

• Nature of Vacancy: Carlito B. Domingo, a member of the Sangguniang Bayan of San Nicolas who did not belong to any political party, resigned on March 24, 1994.
• Conflicting Recommendations: Mayor Angelo Barba recommended Edward Palafox to Governor Fariñas. The Sangguniang Bayan also passed a resolution recommending Palafox, but addressed to the Mayor. The Sangguniang Panlalawigan disapproved this resolution, stating the power to appoint lay with the Governor, and instead recommended Al Nacino to the Governor.
• Dual Appointments: On June 8, 1994, Governor Fariñas appointed Al Nacino. On the same day, Mayor Barba appointed Edward Palafox. Both appointees took their oaths.
• RTC Ruling: The trial court upheld Mayor Barba's appointment of Palafox, interpreting "local chief executive" in Section 45(c) of R.A. No. 7160 as the municipal mayor.

• Statutory Construction: Petitioners argued that the power to appoint a replacement for a Sangguniang Bayan member, regardless of party affiliation, is vested in the provincial governor pursuant to Section 45(a)(2) of the Local Government Code. They contended that the phrase "local chief executive" in Section 45(c) is a misnomer and should be read consistently with the hierarchy established in other provisions (e.g., §45(a), §63), which vest appointment and disciplinary powers over municipal officials in the governor.
• Meaning of "Sanggunian Concerned": Petitioners maintained that the "sanggunian concerned" in Section 45(c) refers to the Sangguniang Panlalawigan, as it is the body that investigates complaints against municipal officials under §61.

• Plain Language: Respondents countered that Section 45(c) is a specific exception to the general rule in Section 45(a). Since the vacancy was caused by a non-party member, the specific provision (§45(c)) controls, designating the "local chief executive"—which they argued is the municipal mayor—as the appointing authority.
• Recommendation Source: Respondents argued that the "sanggunian concerned" is the Sangguniang Bayan where the vacancy exists, as it is the body most directly affected.

• Appointing Authority: Whether the "local chief executive" authorized to appoint under Section 45(c) of the Local Government Code is the provincial governor or the municipal mayor.
• Recommendation Requirement: Whether a recommendation from the "sanggunian concerned" is a mandatory condition for the validity of the appointment, and which sanggunian that refers to.

• Appointing Authority: The provincial governor is the proper appointing authority. Section 45(c) must be read in harmony with Section 45(a). The phrase "local chief executive" is a generic term used for stylistic variety, but the specific appointing officials for different sanggunian levels are enumerated in §45(a). For the Sangguniang Bayan, that official is the governor. To hold otherwise would create an incongruity where vacancies caused by non-party members are filled by a different authority than vacancies caused by party members.
• Recommendation Requirement: A recommendation from the Sangguniang Bayan where the vacancy occurred is a condition sine qua non. The "sanggunian concerned" is the specific sanggunian with the vacancy. By analogy to §45(b), which requires a party nomination, and §45(a)(3), which requires a barangay sanggunian recommendation, the recommendation in §45(c) is mandatory. An appointment without it is null and void.
• Disposition of Case: Both appointments were invalid. Petitioner Nacino was appointed by the governor but lacked the required recommendation from the Sangguniang Bayan. Respondent Palafox was recommended by the Sangguniang Bayan but was appointed by the mayor, not the governor.

• Statutory Construction in Pari Materia: Provisions of the same law (the Local Government Code) relating to the same subject matter (the hierarchy of local officials and the exercise of executive powers like appointment and suspension) must be read together and harmonized to give effect to the legislative intent.
• Condition Sine Qua Non for Appointment: Where the law requires a recommendation or nomination as a prerequisite to a valid appointment, that requirement is mandatory and jurisdictional. An appointment made without complying with the condition is void ab initio.

• "Since the recommendation takes the place of nomination by political party, the recommendation must likewise be considered a condition sine qua non for the validity of the appointment, by analogy to the provision of §45(b)."
• "There is no reason for supposing that those who drafted §45 intended to make the manner of filling vacancies in the Sanggunians, created by members who do not belong to any political party, different from the manner of filling such vacancies when created by members who belong to political party or parties."

• N/A (The decision primarily relies on statutory construction of R.A. No. 7160 without extensive citation of prior jurisprudence).

• Section 45, Republic Act No. 7160 (Local Government Code of 1991) — The central provision interpreted. The Court construed paragraphs (a), (b), and (c) together to establish the procedure for filling permanent vacancies in the sanggunian, distinguishing between vacancies caused by members with and without political party affiliations.
• Section 63, R.A. No. 7160 — Cited by analogy to show the legislative policy of vesting certain executive powers (preventive suspension) in a hierarchical manner (President, governor, mayor), supporting the interpretation that the appointing power under §45 follows the same hierarchy.
• Section 61, R.A. No. 7160 — Petitioners' argument regarding the "sanggunian concerned" was rejected; the Court found this provision on administrative complaints irrelevant to the appointment process.

Narvasa, C.J., Padilla, Regalado, Davide, Jr., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Hermosisima, Jr., and Panganiban, JJ., concur. Francisco, J., is on leave. Torres, Jr., J., took no part.

• N/A (The decision was unanimous among the participating justices).