View full case

ROBERT F. ONG v. MARIA TERESITA HERRERA-MARTINEZ

FACTS:

Petitioner Robert F. Ong filed a petition seeking to invalidate the appointment and assumption of duties of respondent Ma. Teresita Herrera-Martinez as Councilor in the City Council of Manila, replacing deceased Councilor Saturnino Herrera. Saturnino Herrera, the father of respondent Martinez, was a duly elected Councilor for Manila's Third District and served until his death on October 14, 1988. Petitioner, who was a defeated candidate of the Liberal Party in the Third District of Manila, was appointed as Councilor on February 9, 1989 by the Secretary of Local Government to fill the vacancy. However, the City Council voted to exclude petitioner and his co-appointees from the session hall. Meanwhile, respondent Martinez went through the proper nomination process and was eventually appointed as Councilor on March 17, 1989. She assumed her duties until a restraining order was issued on April 20, 1989. Petitioner seeks to annul respondent's appointment and declare himself the rightful Councilor. The issues raised include the violation of the election ban on appointments, respondent's political party affiliation, the validity of petitioner's appointment, and petitioner's entitlement to the position.

ISSUES:

  1. Whether the appointment of respondent as a member of the City Council is valid.

  2. Whether the appointment of petitioner as a member of the City Council is valid.

  3. Whether or not the petitioner's appointment as Councilor is valid.

  4. Whether or not the election ban provision in the Omnibus Election Code applies to the appointment of a Councilor.

RULING:

  1. The appointment of respondent as a member of the City Council is valid. The appointment was made in accordance with the regular and standard nomination process of the Liberal Party and was approved by the National Directorate, Executive Committee, and Party President. The appointment was also accepted and recognized by the City Council.

  2. The appointment of petitioner as a member of the City Council is invalid. Petitioner and his co-appointees were excluded from the session hall and were not given due recognition as members of the Council.

  3. The petitioner's appointment as Councilor is declared invalid as it was recalled by the Secretary of Local Government due to the petitioner's failure to be recommended by the appropriate leader of the Liberal Party, as mandated by the Rules and Regulations Implementing the Local Government Code.

  4. The election ban provision in the Omnibus Election Code does not apply to the appointment of a Councilor as the filling up of a permanent vacancy for Councilor is governed by the Local Government Code and not by the Civil Service Law.

PRINCIPLES:

  • A vacancy in the sangguniang panlalawigan, sangguniang panglunsod, sangguniang bayan, or sangguniang barangay shall be filled by appointment in accordance with Section 50 of the Local Government Code.

  • The mode of replacement for a vacant position shall be governed by the standing rules of the political party to which the vacating member belongs.

  • Resolutions nominating replacements for deceased councilors should be approved by the National Directorate, Executive Committee, or Party President to be considered final and valid.

  • The appointment of a member of the City Council should be made in accordance with the provisions of existing laws and with the requisite endorsements and recommendations from the political party hierarchy.

  • The acceptance and recognition of an appointment by the City Council, without any objections or opposition, validates the appointment.

  • An appointment to a public office can be declared invalid if it does not comply with the formal requisites and procedures stipulated by the relevant laws and regulations.

  • The election ban provision in the Omnibus Election Code applies to the appointment or hiring of new employees, creation of new positions, or giving salary increases within a specified period before an election, subject to certain exceptions.

  • The filling up of a permanent vacancy for a councilor position is governed by the Local Government Code, while the appointment referred to in the election ban provision is covered by the Civil Service Law.