FARIÑAS vs BARBA

G.R. No. 116763, April 19, 1996

FACTS:

A member of the Sangguniang Bayan (SB) of San Nicolas, Ilocos Norte resigned. On June 8,
1994, Gov Fariñas appointed Nacino upon recommendation of the Sangguniang Panlalawigan
(SP) and swore him in office. On the same day, Mayor Barba, upon recommendation of the SB,
appointed Edward Palafox to the same position. Palafox took his oath as member of the SB the
next day.

ISSUE:

Whether or not in case of a permanent vacancy in the SB caused by the cessation from office of a
member who does not belong to any political party, a governor can appoint a replacement?

RULING:

Yes, the Governor can appoint upon the recommendation of SB concerned. Since the vacancy in
this case was created by a SB member who did not belong to any political party, the specific
provision involved is par. (c) of Sec. 45 of the LGC to wit:

(c) In case the permanent vacancy is caused by a Sanggunian member who does not belong to
any political party, the local chief executive shall, upon recommendation of the Sanggunian
concerned, appoint a qualified person to fill the vacancy.

The Court interpreted "local chief executive" in Sec 45(c) as apparently a misnomer and that
"authorities concerned" would have been a more accurate generic phrase to use..

Since neither Nacino nor Palafox was appointed in the manner indicated in the preceding
discussion, neither is entitled to the seat in the SB of San Nicolas, Ilocos Norte. For while Nacino
was appointed by the Gov, he was not recommended by the SB. On the other hand, Palafox was
recommended by the SB but it was the Mayor and not the Gov who appointed him.