SUPANGAN JR. vs SANTOS (Public Corporation)

G.R. No. 84663 August 24, 1990

JOHNNY D. SUPANGAN, JR., petitioner,

vs.

HON. LUIS T. SANTOS, Secretary of the Department of Local Government, and MARISSA DOMANTAY, respondents.

FACTS:

Petitioner Johnny D. Supangan, Jr., is a member of the Kabataang Barangay (KB) of Mabini, Pangasinan. In 1985, he was elected KB Chairman of the said municipality. In that same year he was elected KB Provincial Federation President of the province of Pangasinan.

On November 25, 1985, petitioner was appointed by then President Marcos as member of the Sangguniang Panlalawigan of the province of Pangasinan representing the youth sector. He accordingly assumed office, discharged his functions and paranticipated in the deliberations of the said body.

However on August 8, 1988 at the session hall of the Sangguniang Panlalawigan, respondent Marissa Domantay presented to the Presiding Officer a letter dated August 3, 1988 written by respondent Secretary Luis T. Santos advising the Sangguniang Panlalawigan that respondent "Marissa Domantay has been named as member thereof to replace Johnny D. Supangan, Jr." (Annex "D", p. 15, Rollo). She took her oath of office on August 25, 1988 and began attending the sessions of the said body.

Claiming that Sec. Santos has no legal authority to designate private respondent Marissa Domantay as member of the Sangguniang Panlalawigan representing the youth sector because (a) respondent Marissa Domantay has never been elected as KB Provincial Federation President of Pangasinan, a basic qualification for appointment as member representing the youth sector, and (b) respondent Secretary has no legal authority in issuing his letter dated August 3, 1988 because the term of office of petitioner Johnny D. Supangan, Jr. has not yet expired nor his successor, if any, been elected/appointed and qualified, petitioner instituted the present quo warranto and injunction proceedings.

ISSUE:

Whether the Secretary of Local Government has authority to designate/appoint members/sectoral representatives to the local legislative bodies.

RULING:

Yes. Section 9 Article X of the 1973 Constitution mandates that legislative bodies of local governments shall have sectoral representation as may be prescribed by law.

Under the Local Government Code (BP 337), the power to appoint sectoral representatives is conferred upon the President of the Philippines.

But the Secretary of Local Government may, by authority of the President inform the sectoral representatives of their appointments. Otherwise stated, it is actually the President who has made the appointments in the cases involved herein, and the Secretary of Local Government is only the transmitter or communicator of said appointments.