Facts: Carlito B. Domingo was a member of the Sangguniang Bayan of San Nicolas, Ilocos Norte. On March 24, 1994, he resigned after going without leave to the United States. The Mayor, Angelo Barba, recommended Edward Farinas to fill the vacancy. He is also recommended by the Sangguniang Bayan of San Nicolas directed to the Mayor. The resolution regarding to the recommendation was submitted to Sangguniang Panlalawigan of Ilocos Norte in compliance with Section 56 of the Local Government Code. Sangguniang Panlalawigan disapproved the resolution for the reason that the authority and power to appoint Sangguniang Bayan members are lodged to the Governor. On the other hand, despite the disapproval, the respondent still appointed Farinas. Later on, he took an oath. On June 14, 1994, petitioners filed with the RTC of Ilocos Norte a petition quo warranto and prohibition. The Trial Court uphold the appointment.
Issue: Who can appoint the replacement in case of a permanent vacancy in Sangguniang Bayan caused by the cessation from office of a member who does not belong to any political part.
Held: There is only one governing appointment to Sanggunian Bayan. Any vacancy therein caused by the cessation from office of a member with or without a political party must be made by the Governor upon the recommendtion of the said Sanggunian.
Issue: Who can appoint the replacement in case of a permanent vacancy in Sangguniang Bayan caused by the cessation from office of a member who does not belong to any political part.
Held: There is only one governing appointment to Sanggunian Bayan. Any vacancy therein caused by the cessation from office of a member with or without a political party must be made by the Governor upon the recommendtion of the said Sanggunian.
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