In a letter dated March 22 sent to Mrs. Arroyo, Echiverri nominated Kristen Joy Rosca as replacement in the City Council.
The mayor explained that according to Section 45(b) of Local Government Code, the appointee shall come from the same political party as that of the Sanggunian member who caused the last vacancy.
"Section 45(b) says only the nominee of the political party under which the Sanggunian member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy in the Sanggunian shall be appointed in the manner hereinabove provided," he stated in the letter.
Echiverri said Rosca was a member of Lakas-CMD and third in the ranking of councilors who won and elected in the First District of the city.
Because of his demise, the ranking of the councilors moved to the next higher rank and so Councilor Nora Nubla who was No. 6 is now No. 5.
"It is our contention that the replacement should come not from political party of the late Rosca, but from the political party who placed last in the recent election. This in effect creates the last vacancy and should be filled up by the political party of Councilor Nubla, which is the LDP," the mayor said.
Echiverri said being the chairman of LDP in the city, he submitted the appointment of the young Rosca.
The City Council earlier endorsed the appointment of Kristen Joy as embodied in Resolution 001-2005 which it passed.
The Caloocan councilors, many of who are members of the Lakas-CMD, believe Rosca is the best choice to replace his father as she shares the same beliefs and aspirations of the late councilor for their constituents. They added tradition dictates that the successor of the vacant position should come from the family of the deceased official.
Members of the administration party were taken by surprise when they learned that defeated congressional candidate and former Mayor Reynaldo Malonzo recommended to the President Arroyo the appointment of his son, Christopher, to replace Rosca even without consulting the party members.
Malonzo, who said he was just applying his prerogative, shrugged off Echiverri’s claims.
"He needs to review his law books if that is how he interprets the law of succession," the former mayor said.
He said Echiverri was being inconsistent and that his son’s appointment was already approved by Malacañang.
Echiverri expressed hope that Mrs. Arroyo would give favorable consideration to the decision and nomination of LDP and majority of the Lakas-CMD members in the city for the appointment of the young Rosca. – Pete Laude