Navarro v. Court of Appeals, G.R. No. 141307.

March 28, 2001

Facts: On March 25, 1999, elected Mayor Calimlim died thus creating a vacancy in his position. By virtue
of Section 44 of the Local Government Code, Vice Mayor Aquino succeeded him. Since a vacancy
occurred inthe Sangguniang Bayan by the elevation of Tamayo, the highest ranking member of
Sanggunian, to the Vice Mayor's position. Gov. Agbayani of Pangasinan appointed herein petitioner
Navarro as member of the said Sanggunian. Navarro belonged to the same party as that of Tamayo.
Private respondents filed an action to nullify the appointment of Navarro. They argued in the CA that the
former Vice Mayor who created the permanent vacancy, thus, the appointees should come from the
former Vice Mayor's political party. In the decision of the CA, it concluded that according to the hierarchy,
it was the appointment of the 8th Counselor to the 7th position which created the vacancy, therefore, the
appointee should come from his party.

Issue: Whether or not the appointment of Navarro as a member of the Sangguniang Bayan is valid.

Held: Yes. It is pursuant to Section 44 and 45 of the Local Government Code.

The reason behind the right given to a political party to nominate a replacement where a permanent
vacancy occurs is to maintain the party representation as willed by the people in the election. Such
appointment is required to have a nomination and certification or it would be null and void ab initio.

The term "last vacancy" by no means refers to the vacancy of the *th position in the Sangguniang Bayan.
Such construction will result to absurdity.