Sixteenth Congress of the 
Republic of the Philippines 
First Regular Session 
) 
) 
) 
SENATE 
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Introduced by RON. RAMON BONG REVILLA, JR. 
EXPLANATORY NOTE 
Suffrage is defined as the right to vote in the election of officers chosen by the people and 
in the determination of questions submitted to the people, Include within its scope are election, 
plebiscite, initiative and referendum, In elections, people choose their officials for a definite and 
fixed period as to whom they entrust the exercise of the powers of goverument. . 
It is a constitutional mandate on Congress to provide a system for securing the secrecy 
and sanctity of the ballots. The paramount consideration in drafting election-related bills is to 
ensure that the legislature respects and preserves the will of the electorate. 
Section 44 of the Local Goverument Code provides for guidelines 0\1 permanent 
vacancies in the office of the Governor, Vice-Governor, Mayor, and Vice Mayor. With respect to 
succession, there is no problem if the local goverument unit concerned is just a single district 
because subsequent vacancies shall be filled automatically by the other sanggunian members 
according to their ranking. The controversy arises if there are two or more districts. Applying the 
formula in Section 44 of the Local Goverument Code, the ranking in the Sanggunian shall be 
determined on the basis of the proportion of the votes obtained by each winning candidate to the 
total registered voters. The said section was applied and illustrated in the case of Victoria vs. 
Comelec (G,R, 109005 January 10, 1994): 
In the May 11, 1992 elections, the following candidates from the first, second and third 
districts of the Province of Albay were elected & proclaimed, to wit: 
NAME 
First Dlslrlol 
1. Je.u~.call'ln 
2, Vloento GO., Sr, 
3. Cronlo 
Second District 
1.Juan D. 
2. Jesus 
3,~Reyeg 
Third Distrio 
'Voters 
130.085 
155.318 
Votes 
28,335 
17,937 
16.705 
32,918 
26,030 
23,887 
9, 
9, 
, 
Voted' 
Rank 
IU~~~.I~ 
lin 
107,216 
2"" 
OR 
, 
i =21.78'10 (1 ") 
121,423 
" 
155,318 = 21~ (2"") 
3~ 
?R n>n, 
18 =16,76% (3'") 
The illustration above showed that while Victoria earned the highest votes, however after 
applying the said formula as reflected in the last column of the table, it showed that Calisin was 
the highest ranking member of the Sangguniang Panlalawigan of Albay, In such a case, the 
Supreme Court has no recourse but to merely apply the law, 


For this purpose, this bill seeks to rectifY the injustice committed against the electorate 
and to give recognition to the true will of the people as to whom they entrust the exercise of the 
powers of government. 
Hence, passage of this bill is earnestly sought. 


Sixteenth Congress of the 
Republic of the Philippines 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 177 
Introduced by HON. RAMON BONG REVILLA, JR. 
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AN ACT AMENDING SECTION 44 OF REPUBLIC ACT NO. 7160, OTHERWISE 
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 
Be it enacted by the Senate and House a/Representatives a/the Philippines in Congress 
assembled: 
SEC. 1. Section 44 of Republic Act No. 7160, otherwise known as the Local Government Code 
of 1991 is hereby amended as follows: 
"Section 44. Permanent Vacancies in the offices of the Governor, Vice-
Governor, Mayor and Vice-Mayor - If a pennanent vacancy 
occurs in the office of the governor or mayor, the vice-governor or 
vice-mayor concerned shall become the governor or mayor. If a 
pennanent vacancy occurs in the offices of the governor, vice-
governor, mayor, or vice-mayor, the highest ranking sanggunian 
member or, in case of his pennanent inability, the second highest 
ranking sanggunian member, shall become the governor, vice-
governor, mayor or vice-mayor, as the case may be. Subsequent 
vacancies in the said office shall be filled automatically by the 
other sanggunian members according to their ranking as defined 
herein. 
(b) If a pennanent vacancy occurs in the office of the punong 
barangay, the highest ranking sanggunian barangay member or, in 
case of his pennanent inability, the second highest ranking 
sanggunian member, shall become the punong barangay. 
(c) A tie between or among the highest ranking sanggunian 
members shall be resolved by the drawing oflots. 
(d) The' successors as defined herein shall serve only the unexpired 
tenns of their predecessors. 
For purposes of this Chapter, a pennanent vacancy arises 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 pennanently incapacitated to discharge the 
functions of his office. 
For purposes of succession as provided in this Chapter, ranking in 
the sanggunian shall be determined on the basis of the proportion 
of votes obtained by each wiuning candidate to the total number of 
1 


[registered voters] THOSE WHO ACTUALLY VOTE!) in'each 
district in the immediately preceding local election. 
SEC. 2. Separability Clause - If for any reason any section or provision of this Act is declared 
unconstitutional, other provisions hereof which are not effected thereby shall continue to be in 
full force and effect. 
SEC. 3. Repealing Clause. - Any laws, decrees, or rules and regulations which are inconsistent 
with or contrary to the provisions ofthis Act are hereby amended or repealed. 
SEC. 4. Effectivity Clause. - This Act shall take effect upon its publication in at least two (2) 
national newspapers of general circulation. 
Approved, 
2