Navarro v. Court of Appeals
NEW DOCTRINEFacts
1. The Antecedents: In the May 11, 1997 local elections, officials were elected for the Municipality of Mapandan, Pangasinan. Following the death of Mayor Cesar Calimlim on March 25, 1999, Vice-Mayor Baltazar Aquino succeeded him. Consequently, the highest-ranking member of the Sangguniang Bayan, Danny B. Tamayo, who belonged to the REFORMA-LM party, was elevated to the position of Vice-Mayor. This created a vacancy in the Sangguniang Bayan. 2. Procedural History: Governor Victor Agbayani appointed Purto J. Navarro, a member of REFORMA-LM, to fill the vacancy in the Sangguniang Bayan. Private respondents filed a case to nullify Navarro's appointment. After their motions were denied by the Regional Trial Court, they filed a petition with the Supreme Court, which was referred to the Court of Appeals. The Court of Appeals granted the petition, declaring Navarro's appointment void, albeit for reasons different from those argued by the private respondents. 3. The Petition: Petitioners Purto J. Navarro and Danny B. Tamayo seek review on certiorari under Rule 45 of the Rules of Civil Procedure, assailing the Court of Appeals' decision. They argue that the vacancy in the Sangguniang Bayan was created by Tamayo's elevation to Vice-Mayor, and thus, the appointee must come from Tamayo's political party, REFORMA-LM, as per Section 45(b) of RA 7160. They also contend that the Court of Appeals erred in giving due course to the petition due to a defective verification, which they argue is a mere formal requisite.
Issue(s)
Whether the Court of Appeals erred in giving due course to the petition despite an allegedly defective verification. Whether the appointment of Purto J. Navarro to the Sangguniang Bayan of Mapandan, Pangasinan, is valid.
Ruling
The petition is GRANTED. The decision of the Court of Appeals is REVERSED and SET ASIDE. The appointment of petitioner Purto J. Navarro to the Sanggunian Bayan of Mapandan, Pangasinan, is AFFIRMED as valid and legal.
Ratio Decidendi
On the issue of defective verification: The Court held that the contention is without merit. Verification based on the affiant's own knowledge and information is sufficient. Verification is a formal, not a jurisdictional, requisite and does not affect the validity or efficacy of the pleading or the court's jurisdiction. Therefore, a defective verification does not render the petition invalid, and the Court of Appeals did not err in giving due course to the petition. On the validity of the appointment: The Court ruled that Section 45(b) of Republic Act 7160 mandates that a permanent vacancy in the Sanggunian, except for the sangguniang barangay, shall be filled by appointment by the nominee of the political party under which the sanggunian member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy. The appointee must come from the same political party as the sanggunian member who caused the vacancy. In this case, petitioner Danny B. Tamayo, a member of REFORMA-LM, was elevated to Vice-Mayor, creating a vacancy in the Sangguniang Bayan. To maintain party representation, the appointee must belong to REFORMA-LM. The Court of Appeals' interpretation that the "last vacancy" referred to the lowest-ranking councilor's position was deemed an absurdity and contrary to the law's intent. The purpose of the law is to maintain party representation as willed by the people in the election. Allowing an appointee from a different party would diminish the representation of the party of the official who moved up, which is contrary to the spirit and letter of Section 45(b) of RA 7160.
Main Doctrine
The appointment to a permanent vacancy in the Sangguniang Bayan, created by the elevation of a member to a higher office, must be given to a nominee of the political party of the member who caused the vacancy, to maintain party representation as intended by law.