Legal issues hound Malabon council after councilor's death

MANILA, Philippines - The death of newly elected councilor Edward Perth de la Cruz is expected to stir up legal problems on who will fill the vacancy when the councilors take their oath and assume their post on July 1.

Lawyer Ferdinand Rafanan, chief of the Commission on Elections (Comelec) legal division, told The STAR that incoming President Benigno Aquino III, through the executive secretary, will appoint a new councilor to fill the vacancy.

Rafanan said the replacement councilor must be a member of the Liberal Party, where De la Cruz belonged, and must be nominated by the LP president.

Rafanan said Malabon Mayor City Mayor Canuto Oreta cannot appoint a replacement for the vacancy. Another Comelec officer, who declined to be named because she is not authorized to issue a statement, said the case in Malabon may reach the court as De la Cruz has not yet officially assumed his post.

“Councilor De La Cruz was proclaimed but has not yet taken his oath so at this point there is no vacancy at the city council,” she said.

De la Cruz was killed while replacing a flat tire along North Expressway Monday morning. He was ranked third in the councilor race in Malabon’s second district last May 10.