Mechanism to replace dead dad

February 11, 2020 at 2:50 am Leave a comment


                                            NO. 9 BET COULDN’T SUCCEED

By Mortz C. Ortigoza

SANTA BARBARA – After the death of a town councilor, the law provides how his successor fill-up the vacant seat he left.

This town’s Councilor Roger Zaplan (Liberal Party) died recently in his sleep in a hotel room while he and the officials of the local government unit here in Pangasinan were on an official visit in General Santos City, tabloid writer Ernesto Cayabyab, a resident here, told this writer.

The Local Government Code of 1991 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 (Section 45 (b)”.

In the appointment, according to the same Section, a nomination and a certificate of the 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 there.

Custom in the country shows that the one who replaces the vacant seat is his wife, son or daughter.

The law also said that in case the permanent vacancy is caused by a Sangunian 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.

Permanent vacancies just like the case of Zaplan means when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the function of his office.

This newspaper provides the laws above because of misleading opinions and misconceptions by political spectators and some reporters that because Zaplan caused the vacancy the candidate who landed in No. 9 in the May 13, 2019 election succeed to complete the regular elected eight councilors of the legislative body.

 This town has 51,863 registered voters (Comelec 2019). In the May 2019 election, present mayor Joel F. delos Santos defeated by a slim margin of votes Carlito Zaplan Jr.

 Zaplan Jr. is the nephew of the deceased Roger while he is also the son of delos Santos’ predecessor Carlito Zaplan a three – term mayor here.

Entry filed under: News.

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