By Mortz C. Ortigoza
CALASIAO – The political party of this burgeoning town’s new Vice Mayor nominated Roberto Jorgio as the number eight elected member of the Sangguniang Bayan (legislature) before the governor appointed him to the post, explained by a lawyer.
|Vice Mayor Mahadeva Das Mesina|
The lawyer, who asked anonymity, told Northern Watch that the Local Government Code (LGC) says “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 matter provided above. 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.
The one who caused the vacancy, according to the lawyer, was the present Vice Mayor Mahadeva Das Mesina, 36, who was elevated from his number one post in the eight –man regular member legislature. Ranking in that post he said were based on the number of votes they had each in the May 9, 2016 municipal election.
Mesina became vice mayor last January 3 when former Vice Mayor Ferdinand Galang resigned due to immigration decision abroad.
|Councilor Roberto Jorgio|
Mesina, Galang, and Jorgio were members of the Liberal Party in the last election. Jorge was Number 10 but was still appointed because the Number 9 candidate did not belong to the party of Mesina.
He said Governor Amado Espino III who appointed Jorge for the Number 8 post had follow a strict condition.
“Any appointment, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non or essentially necessary, and any appointment without such nomination and certification shall be unlawful from the beginning and should be a ground for administrative action against the official responsible,” he cited the Code.
The lawyer said the exception for the governor not to wait for the nomination from the main office of the party of the elective official is if the SB member does not belong to any political party.
“The governor shall, upon recommendation of the legislature, appoint a qualified person to fill the vacancy,” he explained.
The lawyer cited too the case of those in the barangay where the mayor appointed, upon the recommendation of the Sangguniang Barangay, the new member of the legislature.