--~ausenese, Se Scanned with CamScannerts RESTATEMENT OF THE LAW ‘ON LOCAL GOVERNMENTS Beg (b) Except for the sangguniang barangay, only the Fomin of the political party under which the sanggunian Mems” concerned had been elected and whose elevation to the Osi” next higher in rank created the last vacancy in the Sanggunian shat be appointed in the manner hereinabove provided. The appoint! shall come from the same political party as that of the Sanggunis® member who caused the vacancy and shall serve the unexpiren term of the vacant office. In the appointment herein Mention, nomination and a certificate of membership of the appointee fry! the highest official of the political party concerned are Conditions ‘sine qua non, and any appointment without such Nomination ang Certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefore, (c) Incase or permanent vacancy is caused by a Sanggunian member who does not belong to any political Party, the loca) chief executive shall, upon recommendation of the Sanggunian concerned, appoint a qualified person to fill the vacancy. (d) In case of vacancy in the representation of the youth and the barangay in the sanggunian, said vacancy shall be filled automatically by the official next in rank of the organization concerned. §45.1 “Local chief executive” under Section 45(c) defined, The “local chief executive” under Section 45(c) of the Code refers to those persons enumerated under Section 45(a)(1) to (3). Implicit in these provisions is a policy to vest in the President, the governor and the mayor in descending order the exercise of an executive power whether to appoint in order to fill vacancies in local councils or to suspend local officials. These provisions are in pari materia with Section 45.°° §45.2 “Sanggunian concerned” under Section 45(c) defined. The “sanggunian concerned” under Section 45(c) of the Code refers to that Sanggunian where the vacancy was created. This is iD keeping with the policy implicit in Section 45(a)(3).*° §45.3 Nature of appointing power under Section 45(c)- The appointing authority is limited to the appointment of thos? recommended to him. The appointing authority is not bound # “Farifias v. Barba, 256 SCRA 396 (1996), “Ibid. Scanned with CamScanner