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Sanciango Vs Rono

An appointive member of the Sangguniang Panlungsod of Ozamiz City, Napoleon E. Sanciangco, filed his certificate of candidacy for the May 14, 1984 Batasan Pambansa elections. The Minister of Local Government ruled that as an appointive official, Sanciangco was deemed resigned from his position upon filing his candidacy. Sanciangco challenged this, arguing Section 13(2) of the law did not distinguish between elective and appointive officials. The Supreme Court ruled that as an appointive member, Sanciangco ipso facto ceased being a member of the Sangguniang Panlungsod upon filing his candidacy, but remained the elected

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109 views2 pages

Sanciango Vs Rono

An appointive member of the Sangguniang Panlungsod of Ozamiz City, Napoleon E. Sanciangco, filed his certificate of candidacy for the May 14, 1984 Batasan Pambansa elections. The Minister of Local Government ruled that as an appointive official, Sanciangco was deemed resigned from his position upon filing his candidacy. Sanciangco challenged this, arguing Section 13(2) of the law did not distinguish between elective and appointive officials. The Supreme Court ruled that as an appointive member, Sanciangco ipso facto ceased being a member of the Sangguniang Panlungsod upon filing his candidacy, but remained the elected

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Zepht Badilla
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© © All Rights Reserved
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TITLE NAPOLEON E. SANCIANGCO, petitioner, vs. THE HONORABLE JOSE A.

ROÑO, Minister, Ministry of


Local Government; THE SANGGUNIANG PANLUNGSOD OF OZAMIZ CITY; THE HONORABLE BENJAMIN A.
FUENTES, Vice Mayor of Ozamiz City and Presiding Officer of the Sangguniang Panlungsod of Ozamiz City;
THE HONORABLE ANTONIO G. CABALLERO, JESUS S. ANONAT, MANUEL T. CORTES, IRENE S.
LUANSING, REMEDIOS J. RAMIRO, DOMINADOR B. BORJE, FILOMENO L. ROMERO, FLORENCIO L.
GARCIA, and HARRY S. OAMINAL, Members, Sangguniang Panlungsod of Ozamiz City, respondents.|||
(Sanciangco v. Roño, G.R. No. L-68709, [July 19, 1985], 222 PHIL 181-189)
G.R. NO. L-68709 DATE July 19, 1985
PONENTE: NATURE:
FACTS:
 Petitioner was elected Barangay Captain of Barangay Sta. Cruz, Ozamiz City, in the May 17, 1982 Barangay
elections. Later, he was elected President of the Association of Barangay Councils (ABC) of Ozamiz City by
the Board of Directors of the said Association. As the President of the Association, petitioner was appointed
by the President of the Philippines as a member of the City's Sangguniang Panlungsod.
 On March 27, 1984, petitioner filed his Certificate of Candidacy for the May 14, 1984 Batasan Pambansa
elections for Misamis Occidental under the banner of the Mindanao Alliance. He was not successful in the
said election.
 Invoking Section 13(2), Article 5 of Batas Pambansa Blg. 697 (supra), petitioner informed respondent Vice-
Mayor Benjamin A. Fuentes, Presiding Officer of the Sangguniang Panlungsod, that he was resuming his
duties as member of that body. The matter was elevated to respondent Minister of Local Government Jose A.
Roño, who ruled that since petitioner is an appointive official, he is deemed to have resigned from his
appointive position upon the filing of his Certificate of Candidacy.
 Petitioner impugns said ruling on the ground that since Section 13(2) of Batas Pambansa Blg. 697 makes no
distinction between elective and appointive officials, the legislative intent is clear that even appointive
Barangay officials are deemed also covered by the said provision.
ISSUE/S:
Whether or not an appointive member of the Sangguniang Panlungsod, who ran for the position of Mambabatas
Pambansa in the elections of May 14, 1984, should be considered as resigned or on forced leave of absence
upon the filing of his Certificate of Candidacy.
RULING:
 There is no question that petitioner holds a public appointive position. He was appointed by the President as
a member of the City's Sangguniang Panlungsod by virtue of his having been elected President of the
Association of Barangay Councils. This was pursuant to Section 3, paragraph 1 of Batas Pambansa Blg. 51
(An Act Providing for the elective or Appointive Positions in Various Local Governments and for Other
Purposes)
 The appointive character of petitioner's position was reiterated in Section 173 of the Local Government Code
(B.P. Blg. 337)
 Since petitioner is unquestionably an appointive member of the Sangguniang Panlungsod of Ozamiz City, he
is deemed to have ipso facto ceased to be such member when he filed his certificate of candidacy for the
May 14, 1984 Batasan elections.
 It goes without saying that although petitioner, by filing his certificate of candidacy for the Batasan Pambansa
1
ceased, ipso facto, to be an appointive member of the Sangguniang Panlungsod, he remains an elective
Barangay Captain from which position he may be considered as having been on "forced leave of absence."
 He also continues as President of the Association of Barangay Councils but will need a reappointment by the
President, as member of the Sangguniang Panlungsod of Ozamiz City as the law speaks of "members who
may be appointed by the President."
NOTES:
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 panglungsod, all of
whom shall be elected by the qualified voters in the city. In addition thereto, there shall be appointive
sangguniang panglungsod 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 (Prime Minister) whenever, as determined by the
sangguniang panglungsod, said sectors are of sufficient number in the city to warrant representation. (Emphasis
ours)
Sec. 173. Composition and Compensation. — (1) the 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.(Emphasis supplied)

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