Gamboa v.

Aguirre | ema
July 20, 1999
ROMEO J. GAMBOA, JR., petitioner, vs.
MARCELO AGUIRRE, JR., and JUAN Y. ARANETA, respondents.
YNARES-SANTIAGO, J.:
SUMMARY: Negros Oriental Governor went on an official trip abroad and designated Vice-Governor Gamboa as
Acting Governor. When the SP held session, SP Members Aguirre and Araneta (AA) questioned Gamboas authority
to preside over the SP, conisdering that he was the Acting Governor. Gamboa refused to vacate the Chair. Later, SP
voted 7-4-1 to allow Gamboa to continue presiding. AA filed a declaratory relief and prohibition action against
Gamboa. RTC ruled that Gamboa cannot preside over the SP while he is Acting Governor. ISSUE: W/N an
incumbent Vice-Governor, while concurrently the Acting Governor, can continue to preside over the sessions of the
Sangguniang Panlalawigan. On appeal by Gamboa, SC upheld RTC, holding that when the Vice-Governor becomes
Acting Governor, he does not relinquish his original post and thus, only a temporary vacancy is created in the ViceGovernorship because there is no person legally authorized to discharge the functions of Vice-Governor. LGC did not
provide for this situation where a temporary vacancy is created in the Vice-Governorship, so SC used the rule on
permanent vacancies and the SP must elect an Acting Presiding Officer. VG cannot preside over the SP because
under the LGC, the executive and legislative functions have been separated at the provincial level. The office of the
Governor is purely executive in nature [not like in the old LGC, where the Governor also presides over the SP], while
the SP is purely legislative in nature. Thus the Vice-Governor who becomes Acting Governor cannot preside over the
SP, since he would be performing executive and legislative functions simultaneously, contrary to the separation policy
of the LGC, which is intended to promote better service delivery and provide a system of checks and balances. SC
resolved the issue despite its mootness [terms of everyone involved expired in 1998] because of its novelty, and
being capable of repetition yet evading review.
DOCTRINE: The creation of a temporary vacancy in the office of the Governor creates a corresponding temporary
vacancy in the office of the Vice-Governor whenever the latter acts as Governor by virtue of such temporary vacancy.
This event constitutes an "inability" on the part of the regular presiding officer (Vice Governor) to preside during the
SP sessions, which thus calls for the operation of the remedy set in LGC 49(b) - concerning the election of a
temporary presiding officer. The continuity of the Acting Governor's (Vice-Governor) powers as presiding officer of the
SP is suspended so long as he is in such capacity. Under LGC 49(b), "(i)n the event of the inability of the regular
presiding officer to preside at the sanggunian session, the members present and constituting a quorum shall elect
from among themselves a temporary presiding officer.".
Effective absence is one that renders the officer concerned powerless, for the time being, to discharge the powers
and prerogatives of his office.
NATURE: Petition for review. Original action for declaratory relief and prohibition.
FACTS

Trouble in hacendero paradise, i.e., Sangguniang Panlalawigan (SP) of Negros Occidental. 1995-1998
term.

PARTIES INVOLVED
o Rafael COSCOLLUELA Governor
o Romeo GAMBOA, Jr. Vice Governor and Presiding Officer of SP
o Marcelo AGUIRRE and Juan ARANETA (AA) SP members

Aug. 1995 Coscolluela went on an official trip abroad. He designated Gamboa as Acting Governor for the
duration of his trip..

Sep. 6, 1995 SP held its regular session, with Gamboa presiding.

o AA questioned Gamboas authority to preside over the session in view of his designation as Acting
Governor. Alis ka diyan. Gamboa refused to vacate the Chair.

Another SP Session Gamboa was allowed to continue presiding by a vote of 7-4-1.

Sep. 22. 1995 AA filed an action for declaratory relief and prohibition.

Oct. 2, 1995 Coscolluela reassumed office.

RTC DECISION
o Gamboa temporarily incapacitated to preside over SP sessions for the period that he Acting
Governor.

Gamboa filed the present petition for review.

Although mooted by the expiry of the officials terms, SC resolved to dispose of the issues in light of their
controversy and novelty.
ISSUE (HELD): W/N an incumbent Vice-Governor, while concurrently the Acting Governor, can continue to preside
over the sessions of the Sangguniang Panlalawigan (NO)
RATIO

Under LGC 49(a) and 466(a)(1), the Vice-Governor is the Presiding Officer of the SP.

Vice-Governor also assumes the Governorship for the unexpired term of his predecessor, in case of
permanent vacancy.
When the vacancy is temporary, the Vice-Governor "shall automatically exercise the powers (subject to
certain limitations) and perform the duties and functions" of the Governor.
RA 7160 does not supply a rule of succession in case of a temporary vacancy in the Vice-Governorship
(unlike its predecessor law, BP 337).
When the Vice-Governor fills a temporary vacancy in the Governorship, he does not assume the
office; but simply acts as Governor. Kaya Acting Governor. He does not relinquish his position and
title as Vice-Governor.
This temporary assumption of governor duties by the vice-governor does not create a permanent vacancy in
the vice-governorship.
The crux of the matter: When the Vice-Governor acts as Governor, does he temporarily relinquish the
powers, functions, duties, and responsibilities of the Vice-Governor, including the power to preside
over SP sessions? RA 7160 is silent on the matter, but SC says YES.
A Vice-Governor who is concurrently Acting Governor is actually a quasi-Governor, meaning that, for the
purposes of of exercising his legislative prerogative and power, he is deemed a non-member of the SP for
the time being.
Governor and Vice-Governor are executive offices by nature while SP is legislative in nature, because the
authority vested in the SP is a Congressional delegation of legislative power.
RA 7160 separated the executive and legislative functions at the local level, except in the Barangay. Thus,
while under BP 337, the Governor presided over the SP and was considered a member thereof, that is no
longer true under RA 7160.
This is clear from the law, which states that local legislative power shall be vested in the SP; and
enumerates who are members of the SP [When the law enumerates, it necessarily excludes.]:
o Vice-Governor (as Presiding Officer)
o Regular elected members
o 3 elected sectoral representatives
o Ex officio members [Provincial Liga President, Provincial SK Liga President, and Provincial ULAP
President (municipalities and component cities)]
En contrario, the provincial executive power is vested in the Governor alone.
Consequently, the union of legislative-executive powers in the office of the local chief executive under the
former Code has been disbanded, so that either department now comprises different and non-intermingling
official personalities with the end in view of ensuring a better delivery of public service and provide a system
of check and balance between the two.
Paredes v. Antillon: If the Mayor is out of the country and thus effectively absent, the Vice-Mayor should
discharge the duties of the mayor during the latters absence
This rule applies to the Vice-Governor as well, because he is similarly situated with the Vice-Mayor.
"Effective" absence: one that renders the officer concerned powerless, for the time being, to discharge the
powers and prerogatives of his office.
There is no vacancy whenever the office is occupied by a legally qualified incumbent. A vacancy occurs
when there is no person lawfully authorized to assume the powers and duties of the office. Thus, the
designation, appointment or assumption of the Vice-Governor as the Acting Governor creates a
corresponding temporary vacancy in the office of the Vice-Governor during such contingency.
Considering the silence of the law on the matter, the mode of succession provided for permanent vacancies,
under RA 7160, in the office of the Vice-Governor may likewise be observed in the event of temporary
vacancy occurring in the same office
REASON: in the eyes of the law, the office to which he was elected was left barren of a legally qualified
person to exercise the duties of the office of the Vice-Governor.
Being the Acting Governor, the Vice-Governor cannot continue to simultaneously exercise the duties of the
latter office, since the nature of the duties of the provincial Governor call for a full-time occupant to discharge
them. Such is not only consistent with but also appears to be the clear rationale of the new Code wherein
the policy of performing dual functions in both offices has already been abandoned.
The creation of a temporary vacancy in the office of the Governor creates a corresponding temporary
vacancy in the office of the Vice-Governor whenever the latter acts as Governor by virtue of such temporary
vacancy. This event constitutes an "inability" on the part of the regular presiding officer (Vice Governor) to
preside during the SP sessions, which thus calls for the operation of the remedy set in LGC 49(b) concerning the election of a temporary presiding officer. The continuity of the Acting Governor's (ViceGovernor) powers as presiding officer of the SP is suspended so long as he is in such capacity. Under LGC
49(b), "(i)n the event of the inability of the regular presiding officer to preside at the sanggunian session, the

members present and constituting a quorum shall elect from among themselves a temporary presiding
officer.".
DISPOSITION: Petition denied.