Navarro vs. Court of Appeals

Under Section 45(b) of the Local Government Code, the “last vacancy” in the Sanggunian refers to the vacancy created by the elevation of the member who formerly occupied the next higher rank, not the seat of the lowest-ranking member after a series of automatic successions; therefore, the appointee must belong to the same political party as the councilor whose elevation created that last vacancy.

In the May 11, 1997 local elections, the Municipality of Mapandan, Pangasinan elected Mayor Cesar M. Calimlim (Lakas NUCD-KAMPI) and Vice-Mayor Baltazar Aquino (Lakas NUCD-KAMPI). The eight elected Sangguniang Bayan members, ranked by votes obtained, included five from REFORMA-LM—the first being Danny B. Tamayo—and three from Lakas NUCD-KAMPI. Mayor Calimlim died on March 25, 1999, triggering a succession that eventually required filling a council seat.

• Election Results: In the May 11, 1997 local elections for Mapandan, Pangasinan, Cesar M. Calimlim (Lakas NUCD-KAMPI) was elected Mayor and Baltazar Aquino (Lakas NUCD-KAMPI) Vice-Mayor. The members of the Sangguniang Bayan elected, ranked by the number of votes obtained, were: (1) Danny B. Tamayo (REFORMA-LM); (2) Rolando S. Soriano (REFORMA-LM); (3) Leopoldo C. Biagtan (REFORMA-LM); (4) Florentino Z. Lalas (REFORMA-LM); (5) Mamerto Eden, Jr. (REFORMA-LM); (6) Victorio C. Lalangan (LAKAS-NUCD-KAMPI); (7) Judy A. Pascual (REFORMA-LM); (8) Rolando Lalas (LAKAS-NUCD-KAMPI).

• Vacancies and Succession: On March 25, 1999, Mayor Calimlim died, creating a permanent vacancy in the Office of the Mayor. By operation of law under Section 44 of Republic Act No. 7160 (Local Government Code of 1991), Vice-Mayor Baltazar Aquino succeeded as Mayor. The highest-ranking Sanggunian member, Danny B. Tamayo (REFORMA-LM), was elevated to Vice-Mayor. A permanent vacancy thus occurred in the Sanggunian Bayan.

• The Appointment: Pangasinan Governor Victor Agbayani appointed Purto J. Navarro, a member of REFORMA-LM, as member of the Sangguniang Bayan, filling the seat vacated by Tamayo’s elevation. Navarro was the nominee of REFORMA-LM.

• Challenge to the Appointment: Private respondents filed a civil case to nullify the appointment. They argued that the permanent vacancy was effectively created by the former Vice-Mayor (now Mayor) who, under the law, was also a member of the Sanggunian, and hence the appointee should belong to his political party, Lakas-NUCD-Kampi. Petitioners maintained that the vacancy was caused by Tamayo’s elevation to Vice-Mayor and that the appointee must therefore come from Tamayo’s party, REFORMA-LM, pursuant to Section 45(b) of the Local Government Code.

• Court of Appeals Ruling: The Court of Appeals resolved the petition in favor of private respondents, but on a different ground. It held that the death of the mayor created a series of automatic vacancies and successions by operation of law: each councilor moved up one rank, and the “last vacancy” created was the position of the lowest-ranking member—the eighth seat formerly held by Rolando Lalas, a Lakas-NUCD-Kampi member. Consequently, the appellate court concluded that the appointee should come from Lalas’s political party.

• Party Affiliation for the Vacancy: Petitioners argued that the permanent vacancy in the Sanggunian Bayan was directly caused by the elevation of petitioner Danny B. Tamayo, the highest-ranking member, to Vice-Mayor. Under Section 45(b) of the Local Government Code, the person appointed to fill a Sanggunian vacancy must come from the same political party as the member “whose elevation to the position next higher in rank created the last vacancy.” Since Tamayo belonged to REFORMA-LM, the appointee must be from REFORMA-LM. Thus, the appointment of petitioner Navarro, a member of and recommended by REFORMA-LM, was valid.

• Defective Verification: Petitioners maintained that the Court of Appeals should not have entertained the petition for certiorari because the verification was defective. The affidavit stated only that the allegations were “true and correct to the best of my own knowledge and information,” whereas Rule 7, Section 4 of the Rules of Court requires verification that the allegations are “true and correct of his knowledge and belief.”

• Source of the Permanent Vacancy: Private respondents countered that the permanent vacancy in the Sanggunian was created by the former Vice-Mayor, Baltazar Aquino, when he succeeded to the Office of the Mayor. Because the Vice-Mayor is also a member of the Sanggunian, the appointee should belong to Aquino’s political party, Lakas-NUCD-Kampi, not to REFORMA-LM.

• Interpretation of “Last Vacancy”: Whether the “last vacancy” under Section 45(b) of the Local Government Code refers to the seat vacated by the councilor whose elevation created the vacancy, or the seat of the lowest-ranking councilor after a series of automatic successions.
• Defective Verification: Whether the Court of Appeals erred in giving due course to the petition despite a defective verification.

• Interpretation of “Last Vacancy”: The appointment of petitioner Navarro was valid. The “last vacancy” under Section 45(b) refers to the vacancy created by the elevation of the member who formerly occupied the next higher rank. Here, the vacancy occurred when petitioner Danny B. Tamayo, the highest-ranking Sanggunian member, was elevated to Vice-Mayor. The term “last vacancy” is employed merely to distinguish it from the other vacancy previously created—i.e., the mayorship filled by the Vice-Mayor—and does not refer to the eighth seat that resulted from a chain of automatic successions. The rationale for granting a political party the right to nominate a replacement is to maintain party representation as willed by the electorate. Construing the “last vacancy” as the seat of the lowest-ranking councilor would distort party representation: it would reduce REFORMA-LM’s seats and increase Lakas-NUCD-Kampi’s, contrary to the letter and spirit of the law and in violation of the fundamental rule of statutory construction that the intent and purpose of the law must be ascertained and given effect. The appellate court’s interpretation would lead to an absurdity.

• Defective Verification: The defective verification did not vitiate the petition. Verification is a formal, not jurisdictional, requisite; it does not affect the validity of the pleading or the court’s jurisdiction. A verification based on the affiant’s own knowledge and information is sufficient under the circumstances, and the Court of Appeals did not err in giving due course to the petition.

• Interpretation of “Last Vacancy” under Section 45(b), Local Government Code — The “last vacancy” in the Sanggunian is the vacancy created by the elevation of the member who formerly occupied the next higher rank; it is not the seat of the lowest-ranking member after a series of automatic successions. This interpretation ensures that the political party of the councilor whose elevation triggered the vacancy retains its representation, faithful to the legislative purpose of maintaining party representation as expressed by the electorate in the immediately preceding election. To hold otherwise would distort party representation and produce an absurd result.

• Verification as a Formal, Non-Jurisdictional Requirement — Verification is merely a formal, not a jurisdictional, requisite. A defective verification does not render the pleading invalid or impair the court’s jurisdiction over the case. Substantial compliance, such as verification based on the affiant’s own knowledge and information, suffices.

• “The reason behind the right given to a political party to nominate a replacement where a permanent vacancy occurs in the Sanggunian is to maintain the party representation as willed by the people in the election.”
• “The ‘last vacancy’ in the Sanggunian refers to that created by the elevation of the member formerly occupying the next higher in rank which in turn also had become vacant by any of the causes already enumerated. The term ‘last vacancy’ is thus used in Sec. 45 (b) to differentiate it from the other vacancy previously created. The term by no means refers to the vacancy in the No. 8 position which occurred with the election of Rolando Lalas to the seventh position in the Sanggunian. Such construction will result in absurdity.”
• “Verification is merely a formal and not a jurisdictional requisite which does not affect the validity or efficacy of the pleading, or the jurisdiction of the court.”

• Manila Lodge No. 761 vs. Court of Appeals, 73 SCRA 12 (1976) — Cited as controlling authority for the fundamental rule in statutory construction that the intent and purpose of the law must be ascertained and given effect, and that an interpretation contrary to the letter and spirit of the law is impermissible.
• Buenaventura vs. Uy, 149 SCRA 22 (1987) — Followed for the established rule that a defective verification does not affect the validity of the pleading or the jurisdiction of the court, as verification is a formal, not a jurisdictional, requirement.

• Section 44, Republic Act No. 7160 (Local Government Code of 1991) — Governs permanent vacancies and automatic succession in the offices of governor, mayor, and vice-mayor. It was the basis for the succession of the Vice-Mayor to the Mayorship and of the highest-ranking Sanggunian member to the Vice-Mayorship upon the death of the incumbent Mayor.
• Section 45(b), Republic Act No. 7160 — Mandates that the appointee to a permanent Sanggunian vacancy must be the nominee of the political party of the member “whose elevation to the position next higher in rank created the last vacancy” and must come from the same political party as that member. The provision was interpreted to require that the appointee belong to the party of Danny B. Tamayo, whose elevation to Vice-Mayor created the last vacancy.
• Section 4, Rule 7, Rules of Court — Prescribes the form of verification. The verification stating that the allegations are “true and correct to the best of my own knowledge and information” was treated as substantial compliance, and the provision was used to underscore that verification is non-jurisdictional.

Davide, Jr., Puno, Pardo, and Ynares-Santiago, JJ., concurred.