22 Ignacio VS Banate

Facts: Leoncio Banate, Jr., was appointed as a member of the Sangguniang Panlungsod of the City of
Roxas by Minister Aquilino Pimintel in 1986 to replace Ignacio. Ignacio was elected Barangay Captain of
Barangay Tanza, Roxas City on May 17, 1982. He was also elected President of the Association of
Barangay Councils or Katipunang Panlungsod Ng Mga Barangay in Roxas. By virtue of such he was
appointed a member of the Sangguniang Panlungsod or City Council of the Roxas City by then President
Marcos. Ignacio contends that he camnot be replaced by Banate as he was not "elected" as provided
under Local Government Code (BP Blg. 337), particularly Sec. 173 which provides that: Sec. 173.
Composition and Compensation. — (l) 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. And that the
appointment was invalid as the Minister cannot appoint, it is the President who has the power to do so.

Issue: WON the appointment of Banate is invalid

Held: Yes. Banate is not qualified thus his appointment is in valid. The law expressly provides that
members of the Sangguniang Panlunsod should be should elected. Banate was neither a Barangay
capatin nor was he elected to be the President of the Sanggunian. He lacks the eleigibility and
qualifications required by law.