ILOILO City – Lawyer Dan Cartagena, who ran for one of the 12 seats in the Sangguniang Panlungsod (SP) in the May 13 midterm elections and placed No. 13, is seeking to be proclaimed the 12th winning city councilor, citing the death of reelected Councilor Armand Parcon.
He filed before the Supreme Court a petition for mandamus, injunction with application for the issuance of a writ of preliminary injunction and temporary restraining order.
Cartagena named as respondents the Commission on Elections (Comelec) and the Department of Interior and Local Government (DILG).
According to Cartagena, Section 45 of the Local Government Code (LGC) cannot be applied to the SP 2019-2022 but only to the remaining unexpired term of Parcon in the SP 2016-2019.
Section 45 of the LGC stated that in case of an SP vacancy, “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.”
“Parcon was not yet a member of the SP 2019-2022 because he was not able to take his oath of office and he had not assumed office yet. Indi sya pwede matawag nga member of SP 2019-2022,” asserted Cartagena.
Parcon died of pneumonia 10 days after his reelection. He ranked No. 2 and was proclaimed the winner by the Comelec. However, he was not able to take his oath of office yet.
“The appointee to the SP vacancy could only serve the unexpired term of Parcon from the time he expired until June 30 next week,” said Cartagena.
June 30, 2019 is the last day of SP members elected for a three-year term from 2016 to 2019.
In his Supreme Court petition, Cartagena prayed that the Comelec be directed to reconvene the Board of Canvassers and proclaim him as the 12th winning candidate for the SP.
“Atty. Dan Cartagena who is No. 13 is the most practical choice to be declared the No. 12 winner. This choice is the most convenient and inexpensive, and is reflective of the will of the electorate,” he stressed.
Cartagena said he included the DILG as respondent so that it could be restrained, “nga indi sila mag-process, facilitate kag magpadayon kon ano man nga application for appointment under Section 45 of the Local Government Code because that is not sanctioned by law.”/PN
