79) DAMSEN v.
TUMAMAO Tumamo appealed with CA  REVERESED RTC decision and held that:
FACTS:
Vice-Mayor of San Isidro, Nelia Tumamao, died  a permanent vacancy was created
in the Office of the Vice Mayor
Pursuant to Section 44 of LGU, Ligaya Alonzo was elevated to the position of VM,
she being the highest-ranking member of the Sangguniang Bayan (garnered highest
number of votes for that office)  a permanent vacancy was likewise created in the
SB
To fill up the vacancy in the SB, San Isidro Mayor Abraham Lim recommended to
Governor Maria Padaca the appointment of respondent Oscar Tumamao, member of
the Laban ng Demokratikong Pilipino (LDP), the same party Alonzo belonged.
Tumamao took his oath before Mayor Lim as member of the SB and subsequently
started attending its regular sessions.
Petitioner Atty. Lucky Damamsen became a member of the LDP after taking his oath
and was able to secure from LDP Provincial Chairman Balauag a letter of nomination
addressed to Governor Padaca for his appointment to the SB
Damasen was appointed as SB member by Governor Padaca and subsequently took
his oath before the latter.
Damasen attended the SB session, but with Tumamao present thereat, Damasen
was not duly recognized.
Hence, Damasen fuled with RTC a Petition for Quo Warranto with Prayer for
Issuance of a Writ of Preliminary Injunction, seeking to be declared the rightful
member of the SB, claiming that he had been nominated by LDP Provincial Chairman
Balauag and appointed by Governor Padaca  TRO was issued effective for 72 hrs
but extended to 17 days
During the hearing, Damasen reiterated his claims and added that he was not
recognized by the majority of its members during the session.
Tumamao called his counsel Atty. Soberano to the witness stand who identified that a
letter signed by LDP Provincial Chairman Balauag stated that Balauag was revoking
her nomination of Damasan and confirming Tumamaos nomination made by Mayor
Lim; the contents of the letter was later on affirmed by Balauag
RTC ruled in favor of Damasen:
 based its decision on Section 45(b) of LGU which provides for the rule on
succession in cases of permanent vacancies in the Sanggunian
 evidence submitted by Damasen proved that the requirements to be able to
qualify for the position was fully complied with
 revocation of the political nomination issued by Balauag was done after
Governer Padaca had acted on it and had issued the appointment of
Damasen  could no longer undo what Governor Padaca had done, absent
showing GAD
 Damasen was not a member of the LDP as his application was not endorsed
to LDP’s National Council for approval
 Damasen’s nomination was eventually withdrawn, cancelled, or revoked by
Balauag, who declared she was misled in accepting him as member of LDP
 Damasen’s joining of LDP was not based on ideals but because he just
wanted to
Damasen did not file for MR but sought direct relief from SC via Petition for Review
Tumamao argued that Damasen has not complied with the requirements of the law,
that he is not a bona-fide member of the LDP, Provincial Chairman Balauag is not the
highest official of the LDP as contemplated under Section 45(b) of LGU
ISSUE: WON Damasen is a bona fide member of LDP and hence, has the right to
succeed the vacant position in the SB- NO
RULING:
-Section 45(b) of LGU provides for condition for the rule of succession in cases of
permanent vacancies in the Sanggunian:
1. The appointee shall come from the same political party as that of the SB
member who caused the vacancy
2. The appointee must have a nomination and a Certificate of Membership
from the highest official of the political party concerned
-Navarro v. CA: The reason behind the right given to a political party to nominate a
replacement where a permanent vacancy occurs in the Sanggunian is maintain the
party representation as willed by the people in the election
-In present case, the permanent vacancy in the Sanggunian occurred because of the
elevation of LDP member Alonzo to VM, it follows that the person to succeed her
should also belong to the LDP so as to preserve party representation
-Based on the documents submitted, it could be seen that Damasen was not a bona
fide member of the LDP  while the revocation of the nomination given to Damasen
came after the fact of his appointment, the SC still cannot rule in favor of Damasen
since the first requirement of Sec 45(b) is that the appointee must come from the
political party as the Sanggunian member who stressed the vacancy
-Damasen admits that he was previously a member of the Lakas-CMD, and that he
ran for the position of Mayor in 2004 elections and likewise did not resign the party
when he joined the LDP
-According to records, Tumamao has the nomination of Senator Edgardo Angara,
Party Chairman and therefore, highest official of LDP  thus, it is Tumamao who has
complied with the requirements
-The SC resolved the issue based on 2 documents:
A) Letter of LDP Provincial Chairman Balauag to Governor Padaca revoking the
nomination issued in favor of Damasen
-Balauag initially thought that Damasen was not affiliated with any political party
which is why she endorsed his nomination  but later on learned that Damasen was
actually a candidate for Mayor and a member of the Lakas Party and hence, his
joining to the LDP and nomination to the vacant position of SB member is not in
accordance with Lakas Party’s principles

-While the revocation of Damasen’s nomination came after the fact that his
appointment by Governor Padaca, the same should not serve to bar any contest on
said appointment as the primordial issue is won Damasen has complied with the
requirements of Sec. 45(b) of LGU

B) Letter from the LDP that Damasen is not a bona fide member
-The letter of Demaree JB Raval, Deputy Secretary Counsel of LDP addressed to
Governor Padaca stated that Damasen is not a bona fide member of LDP
 membership was not endorsed to LDP National Council for approval

-COC of Damasen for May 2004 elections shows that he was nominated by the
Lakas-CMD Party

-It is well settled that the discretion of accepting members to a political party is a right
and a privilege, a purely internal matter, which the SC cannot meddle in

WHEREFORE, petition is DENIED.

Winner: Respondent Tumamao