Comelec exec: Succession rule applies with death of newly elected Duljo-Fatima brgy captain Ycong
Even if he already served his last-term as barangay (village) captain of Duljo-Fatima, Elmer Abella is still qualified to assume the post following the death of Duljo-Fatima barangay captain-elect Ricardo ‘Joel’ Ycong on Thursday.
Commission on Elections in Central Visayas (Comelec-7) said this amid questions whether or not Abella, who also happened to be the number one councilor (kagawad)-elect in Duljo-Fatima, Cebu City, would be able to assume the post vacated by Ycong.
“Well, the law states that in cases of permanent vacancy, such as death, the rule of succession must follow. In this case, the first kagawad, or the kagawad with the most number of votes garnered, will assume. His assumption is through succession, not through elections so there’s no law being violated there,” said Lawyer Veronico Petalcorin, Comelec-7 regional director, in a phone interview on Friday.
Petalcorin said this would mean that Abella would also be considered a barangay captain on his first term, despite him serving three successive terms as barangay captain.
As Abella would assume the post as village chief in Duljo Fatima, Petalcorin said that this would also mean that the ranks of the subsequent councilors would also go a rank higher, and create a vacuum in the barangay council.
“Now, it is up to the mayor (Cebu City Mayor Tomas Osmeña) to appoint someone to fill the vacuum in the (barangay) council. The barangay captain (Abella) can recommend before the mayor on who to appoint,” said Petalcorin.
He said that there would be no need for a memorandum from their office, or from the Department of Interior and Local Government (DILG), to formalize Abella’s assumption as barangay captain of Duljo Fatima.
“Well, all elected local officials are expected to take their oath this June 30. At this point, he (Abella) is also expected to take his oath as the new barangay captain,” Petalcorin said.
Section 44 of RA 7160 (Local Government Code of 1991) defines permanent vacancy as “when an 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.”