CEBU, Philippines - The Silay City Council had questioned the recent appointment of Mario Torres Sr., as city councilor, replacing Councilor Edgardo Maravilla, who died last January 6.
The Council assailed the “propriety and validity” of the appointment of Torres, a Liberal Party member, for not belonging to the same party of Maravilla, a member of the United Nationalists Alliance.
Torres took his oath of office as Silay City councilor before Negros Occidental Governor Alfredo Marañon Jr. on February 2.
Silay City Vice Mayor Mark Golez had written the governor that Maravilla was actually elected in the 2013 elections as a candidate of UNA, although for the 2016 elections, Maravilla filed his certificate of candidacy for re-election as member of the LP.
Apparently not knowing that Maravilla was an UNA member first, Marañon appointed Torres to replace Maravilla.
Golez said such appointment is a violation of the Local Government Code of 1991, citing Section 45 stating that “the appointee shall come from the same political party as that of the Council member who caused the vacancy and shall serve the unexpired term of the vacant office.”
The vice mayor thus declared: “Such appointment (of Torres) is defective, irregular, and illegal. If Maravilla was elected under UNA, it should be UNA who will replace him.”
Golez further cited a 2011 Supreme Court ruling on this matter: “The reason behind the right given to a political party to nominate replacement where a permanent vacancy occurs in the council is to maintain party representation as willed by the people in the election.”
On February 4, Marañon sent an official query to the Department of the Interior and Local Government-Negros Island Region (Region 18) on the propriety and validity of the appointment of Torres.
Marañon also asked for immediate clarification on the issue so that he can take the necessary and appropriate action. But last Wednesday, the governor said he has not yet received any response from the DILG.
“We will just wait for the DILG’s action,” Marañon said, adding that if Golez is correct, “I have to immediately withdraw or retract the appointment.”
On Tuesday (February 9), the Silay City Council approved a resolution urging the DILG to act on the governor’s query, and that it will not let Torres sit as councilor until the agency comes out with its opinion, which is expected to come out within the week.
DILG-NIR Director Margie Biligan said: “We are now waiting for the final stand of the DILG legal department whether such appointment is valid or in violation of procedures as provided for by the Local Government Code.” The final decision with corresponding recommendations will be immediately implemented as it comes out within the week, she said.
Biligan said official queries involving replacements and appointments of Council members should be referred to the DILG Central Office for finality.
Torres, for his part, said he will also wait for the final decision of the DILG to ensure the legality of his appointment. (FREEMAN)