ROBERTO IGNACIO, PETITIONER, VS. LEONCIO BANATE, JR., HON. AQUILINO PIMENTEL, IN HIS CAPACITY AS MINISTER OF LOCAL GOVERNMENTS AND COMMUNITY DEVELOPMENT AND THE CITY TREASURER O…

This petition for quo warranto and prohibition with prayer for
preliminary injunction and temporary restraining order seeks to nullify the
appointment or designation of private respondent Leoncio Banate, Jr., as a
member of the Sangguniang Panlungsod of the City of Roxas.

The petitioner was elected Barangay Captain of Barangay Tanza,
Roxas City on May 17, 1982, for a term of six years which commenced on June 7,
1982.

Subsequently, he was elected President of the Association of
Barangay Councils or Katipunang Panlungsod Ng Mga Barangay in Roxas City, in
accordance with the Local Government Code and the implementing rules and
regulations of the Katipunan.

By virtue of his being President of the Katipunang Panlungsod Ng
Mga Barangay, he was appointed a member of the Sangguniang Panlungsod or City
Council of the Roxas City by then President Marcos.  As such member, he took his oath of office on
June 24, 1982.

On May 9, 1986, respondent Minister Aquilino Pimentel designated
Leoncio Banate, Jr., as member of the Sangguniang Panlungsod of Roxas City, to
replace the petitioner.

The petitioner contends that respondent Banate is not qualified
to be a member of the Sangguniang Panlungsod and to replace him as the
representative of the Katipunan Ng Mga Barangay of Roxas City because his
membership in the city council as Katipunan President is governed by the Local
Government Code (BP Blg. 337), particularly Sec. 173 which provides that:

“Sec. 173.  Composition
and Compensation.  — (1) sangguniang
panlungsod, as the legislative body of the city, shall be composed of
the vice-mayor, as presiding officer, the elected sangguniang panlungsod
members, and the members who may be appointed by the President of the
Philippines consisting of the presidents of the katipunan panlungsod
ng mga barangay and the kabataang barangay
city federation.”

xxx                            xxx                               xxx

According to the petitioner, his appointment as member of the
Sangguniang Panlungsod was by virtue of his having been elected by the
Katipunang Panlungsod Ng Mga Barangay of said city as president thereof in
accordance with BP Blg. 337 while respondent Banate is not an officer, much
less President of the Katipunang Panlungsod Ng Mga Barangay of Roxas City and
has not been duly elected for any of said positions.

The petitioner further argues that the appointment of respondent
Banate by Minister Pimentel is invalid considering that under Sec. 173 of the
Local Government Code, it is the President of the Philippines and not the
Minister of Local Governments who has the power and authority to appoint the
President of the Katipunang Panlungsod Ng Mga Barangay as member of the
Sangguniang Panlungsod.  He claims that
this appointment power cannot be delegated to said minister for this is a
strictly personal act which the Constitution and the laws specifically ordain
to be performed by the President alone.

The Solicitor General countered that under the Local Government
Code (BP Blg. 337), the terms of office of local government officials commenced
on the first Monday of March 1980 and ended on March 28, 1986.  The period was extended to June 30, 1986 by
the Omnibus Election Code of 1985 (BP Blg. 881).  He states that the petitioner, as an
appointive local government official who assumed office under the 1973
Constitution, is covered by the provisions of Section 2, Article III of
Proclamation No. 3 issued by President Corazon C. Aquino, which provides that
“All elective and appointive officials and employees under the 1973
Constitution shall continue in office until otherwise provided by proclamation
or executive order or upon the designation or appointment and qualification of
their successors, if such is made within a period of one year from February 25,
1986”.

With respect to the argument of the petitioner that the
appointing power of the President of the Philippines cannot be delegated to
Minister Pimentel, the Solicitor General replied that under the provisions of
Section 2, Article III of Proclamation No. 3, dated March 25, 1986, issued by
President Corazon C. Aquino, otherwise known as the Provisional Constitution,
the power to delegate or appoint officers-in-charge in replacement of local
government officials by then Minister Aquilino Pimentel, Jr., as alter ego
of the President of the Philippines, has been upheld by this Court in several
cases.

We find the petition to be meritorious.  It is true that Minister Pimentel, as cabinet
member, is the alter ego of the President in appointing a public
officer.  His authority to designate or
appoint local officials in an acting capacity has been upheld by this
Court.  (Topacio, Jr., v. Pimentel, G.R.
No. 73770; Velasco v. Pimentel, G.R. No. 73811; Governors of the Philippines v.
Pimentel, G. R. No. 73823; The Municipal Mayors League of the Philippines, et
al., v. Pimentel, G. R. 73940; and Solis v. Pimentel, et al., G. R. No. 73970;
April 10, 1986)

We must stress, however, that the appointee to a Sangguniang
Panlungsod who sits there as a representative of the barangays must meet the
qualifications required by law for the position.  An unqualified person cannot be appointed a
member even in an acting capacity.

It must be noted that the petitioner is an elected barangay
captain of Barangay Tanza, Roxas City. 
As barangay captain, he was subsequently elected President of the
Association of Barangay Councils of Roxas City. 
It was by reason of his being the president of the Association of
Barangay Councils of Roxas City that the President of the Philippines appointed
him as member of the Sangguniang Panlungsod. 
This was pursuant to Section 3, paragraph 1 of BP Blg. 51 (An Act
Providing for the Elective or Appointive Positions in Various Local Governments
and for Other Purposes), which provides that:

“Sec. 3.  Cities.-
There shall be in each city such elective local officials as provided in their
respective charters, including the city mayor, the city vice-mayor, and the elective
members of the sangguniang panlungsod, all of whom
shall be elected by the qualified voters in the city.  In addition thereto, there shall be appointive
sangguniang panlungsod members consisting of
the president of the city association
of barangay councils, the president of the city federation
of the kabataang barangay, and one representative each from the agricultural
and industrial labor sectors who shall be appointed
by the president whenever, as determined by the
sangguniang panlungsod, said sectors are of sufficient number in the city to
warrant representative.” (Underscoring supplied).

The aforequoted provision of law is complemented
by Section 173 of the Local Government Code (BP Blg. 337) cited earlier.

The private respondent in this case, not being a barangay captain
and never having been elected president of the association of barangay
councils, cannot be appointed a member of the sangguniang panlungsod.  He lacks the eligibility and qualification
required by law.  Subject to
constitutional restrictions, the Congress or the legislative authority may
determine the eligibility and qualification of officers and provide the method
for filling them (People v. Carlos, 78 Phil., 535).  The lawmaker’s mandate has not been complied
with.

The authority exercised by the respondent Minister of Local
Government must be read, however, in the context of the constitutional
provision upon which it is based.

Section 2, Article III of the Provisional Constitution of 1986,
Proclamation No. 3 of President Corazon C. Aquino provides:

“All elective and appointive officials and employees under the
1973 Constitution shall continue in office until otherwise provided by
proclamation or executive order or upon the designation or
appointment and qualification of their successors,
if such is made within a period of one year from February 25, 1986.”
(Emphasis supplied).

The petitioner, as one who was appointed under the 1973
Constitution continues in office until the appointment and qualification of his
successor.  Since the appointment of his
successor, respondent Banate, is not valid, the tenure of petitioner Ignacio
could not be terminated on that basis alone.

WHEREFORE, IN VIEW OF THE FOREGOING, the petition is
hereby GRANTED.  The
appointment/designation of private respondent Banate as member of the
Sangguniang Panlungsod of the City of Roxas representing the Katipunang
Panlungsod Ng Mga Barangay is DECLARED NULL and VOID.  Petitioner ROBERTO IGNACIO is ordered
REINSTATED as member of said Sangguniang Panlungsod.

SO ORDERED.

Teehankee, C.J., Yap, Fernan, Narvasa, Cruz, Paras, Feliciano,
Gancayco, Padilla, Bidin, Sarmiento, and
Cortes, JJ., concur.

Melencio-Herrera, J., on leave.