CEBU, Philippines - The majority members of the Toledo City Council have yet to recognize the appointment of Dr. James Gaite as replacement of the late councilor Ricardo Rafols Jr.
Councilor Helen Jill Espinosa said they are still waiting for the opinion of the Department of Interior and Local Government on the appointment of Gaite through the endorsement of the Liberal Party.
The council passed Monday a resolution manifesting their objection to the appointment of Gaite who already appeared in two sessions.
Gaite took his oath before LP provincial head, Governor Hilario Davide III, last May 16.
“Until such time wala’y opinion ang DILG, object mi with due respect sa authority sa appointing person,†Espinosa said.
Espinosa said a DILG lawyer told them they referred the matter to their central office after Davide refused to heed their advice not to appoint Gaite yet.
Davide denied the claim saying he did not talk with any DILG officials.
“Let them question the appointment. I’m the appointing authority, kahibawo ko nga sakto ang akong gibuhat,†he said.
Section 45(b) of the Local Government Code of 1991 provides that the appointee shall come from the same political party as that of the Sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office.
Paragraph (c) also provides that in case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the local chief executive shall, upon recommendation of the sanggunian concerned, appoint a qualified person to fill the vacancy.
Rafols filed his certificate of candidacy without any political nomination along with Mayor John Henry “Sonny†Osmeña.
Osmeña claimed Rafols later on joined LP along with other councilors who won under his slate last May 2013 elections. (FREEMAN)