MEMORANDUM CIRCULAR NO. 151
MEMORANDUM CIRCULAR NO. 151 -
PRESCRIBING GUIDELINES FOR THE IMPLEMENTATION OF Sec. 45 CHAPTER 2,
TITLE TWO, BOOK I OF THE LOCAL GOVERNMENT CODE OF 1991 AND OF ARTICLE
83, RULE XIV OF THE RULES AND REGULATIONS IMPLEMENTING THE SAME CODE
RELATIVE TO THE APPOINTMENT TO PERMANENT VACANCIES IN THE SANGGUNIAN
WHERE THE RULES ON AUTOMATIC SUCCESSION UNDER Sec. 44 DO NOT APPLY
WHEREAS, Subsection (c), Article 83, Rule
XIV of the "Rules and Regulations Implementing the Local Government
Code of 1991" prescribes that the President, through the Executive
Secretary, shall fill by appointment permanent vacancies in (1) the
sangguniang panlalawigan; (2) the sangguniang panlungsod of highly
urbanized cities and independent component cities; and (3) the
sangguniang bayan of the component municipalities of Metropolitan
Manila where the rules of automatic succession provided by Sec. 44,
Chapter 2, Title Two, Book I of the same Code do not apply;
and
WHEREAS, there exists the need to adopt guidelines on the procedures
and requirements for recommendations and appointments to such permanent
vacancies;
IN VIEW THEREOF, the following guidelines are hereby prescribed:
Section 1. A permanent vacancy arises when an
incumbent elective local official fills a higher vacant office, refuses
to assume office, fails to qualify, dies, is removed from office,
voluntarily resigns, or is otherwise permanently incapacitated to
discharge the functions of his office.
Sec. 2. Where a permanent vacancy exists in the
sangguniang panlalawigan, the sangguniang panlungsod and the
sangguniang bayan involved, such vacancy shall be filled by the
appointment of the nominee who belongs to the same political party
under which the sanggunian member concerned who caused the last vacancy
had been elected.
Sec. 3. The recommendation for the appointment of
the nominee shall be effected through the nomination signed by the
highest official of the political party concerned. The highest official
refers to the national chairman of the political party concerned. The
nomination shall be accompanied by the following documents:
a.
Certificate of Membership of the nominee in the political party under
which the sanggunian member concerned who caused the last vacancy had
been elected. Such Certificate of Membership shall also be signed by
the highest official of the said political party;
b.
Certification from the Election Registrar of the province, city or
municipality, as the case may be, as to the political party under which
the person who caused the last vacancy had been elected; and
c. Personal
data sheet through Civil Service Form No. 212 (Revised
Sec. 4. The nomination, together with the required
documents mentioned in the preceding section, shall be submitted to the
concerned Regional Director of the Department of the Interior and Local
Government who shall transmit the same within forty-eight (48) hours
from receipt thereof, with his certification as to the authenticity of
all the documents presented to him, to the Secretary of the Interior
and Local Government.
Sec. 5. Upon receipt of all the documents from the
Regional Director, the Secretary of the Interior and Local Government
shall transmit the same within forty-eight (48) hours from receipt
thereof, with his recommendation, to the Office of the President.
Sec. 6. The nominee shall enter upon the discharge
of his duties only after having been issued the corresponding
appointment and after having taken the requisite oath of office before
any of the officers who have the general authority to administer oaths
in accordance with the provisions of Sec. 41, Chapter 10, Book I of
the Administrative Code of 1987, as amended by Republic Act No.
6733.
Sec. 7. In case the permanent vacancy is caused by
a sanggunian member who does not belong to any political party, the
local chief executive shall, upon the recommendation of the sanggunian
concerned, appoint a qualified person to fill the vacancy.
Sec. 8. In case of vacancy in the representation
of the youth and the barangay in the sanggunian, the said vacancy shall
be filled automatically by the official next-in-rank of the
organization concerned.
Sec. 9. This Memorandum Circular shall take effect
immediately.
Manila, Philippines, 25 March
1992.
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