Comelec: Rafols not an LP member

CEBU, Philippines - Commission on Elections records show that  the late Toledo City councilor Ricardo Rafols Jr. filed his certificate of candidacy as an independent candidate during the May 2013 elections, along with Mayor John Henry “Sonny” Osmeña.

This prompted the majority members of the City Council to question the validity and legality of the appointment of Dr. James Gaete by Governor Hilario Davide III to fill in the post of Rafols.

The appointment was made by virtue of the nomination of LP with Davide as the provincial head.

Section 45 paragraph (c) of the Local Government Code of 1991 states that “In case or 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.

However, Councilor Ricardo “Kuya Nick” Pepito said Gaete was not a member of LP. There were only four candidates who run under Liberal Party, and only Vice Mayor Antonio Yapha Jr. and Councilor Merly Abad won in the elections.

“The appointment of Mr. James Gaete suffers procedural infirmities and therefore null and void. There was a glaring violation of the provisions of our Local Government Code, an illegal and procedural short-cut. The law is very clear, the procedure is very clear and the violation is very clear,” said Pepito in a press conference yesterday.

Pepito also cited a Supreme Court decision en banc in the case of Governor Rodolfo C. Farinas and Al Nacino vs. Mayor Angelo Barba, Vice Mayor Manuel S. Hernando and Edward Palafox per G.R. No. 116763, April 10, 1996 which was concurred by Davide’s father, then Chief Justice Hilario Davide Jr.

“Since the recommendation takes the place of nomination by political party, the recommendation must likewise be considered a condition sine qua non for the validity of the appointment, by analogy to the provision of Section 45(b),” read the SC Decision.

Section 45(b) of the Code provides that “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.

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. In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefore.

“It is very clear here that the appointment of Mr. James Gaete is not valid,” Pepito added.

Councilor Rogelio Caburnay also questioned why LP filled in the vacant position only now when Rafols died on July 2013.  (FREEMAN)