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Republic of the Philippines iS
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No.4399

Introduced by HON. REX GATCHALIAN and HON. ERIC M. MARTINEZ

AN ACT
AMENDING SECTION 21 OF REPUBLIC ACT NO. 8526, OTHERWISE KNOWN
AS THE CHARTER OF THE CITY OF VALENZUELA

The Charter of the City of Valenzuela was enacted 24 years ago, or in February
14, 1998. The redistricting of the City was enunciated in Section 51 of the same
Charter providing that “Upon its conversion into a highly-urbanized city,
Valenzuela shall thereafter have at least two (2) legislative districts that shall
initially correspond to the two (2) existing districts created under Sec. 3(a) of
Republic Act No. 7166 as implemented by the Commission on Elections”.

On the other hand, a cursory reading of the last paragraph of Section 21 of
the City Charter provides that “for purposes of succession as provided in this
Act, ranking in the sanggunian shall be determined on the basis of the
proportion of votes obtained by each winning candidate to the total number
of registered voters in the City in the immediately preceding local election”.
This provision is crucial in the event of succession.

Although at the propitious time the Charter of the City of Valenzuela was
drafted, with the inclusion of its redistricting into two (2) legislative districts, it
however failed to foresee the eventuality of one district having more voters than the
other district, in the provision for succession.

District 1 currently has 199,294 registered voters while District 2 has
244,317 voters. The differing number now presents an abyss in the law leading to
an incongruous disproportion that is prejudicial to the sanggunian bayan members
of the district which has fewer number of voters, if the basis or formulation for
succession will be the proportion of votes to the total number of voters in the City.
There will never come a time that District 1 SB members will be given the chance to
succeed because they will always be a poor second to the District 2 SB members
merely by the fact that the law is lopsided in their favor by having the greater number
of registered voters in the City.

This measure is intended to be a remedial legislation, to correct the absurdity
of denying District 1 Sanggunian Bayan members their fair chance to succeed in
cases where there is vacancy in the position of Mayor and Vice-Mayor, by amending
the basis for the ranking that will determine succession. The basis should now be
re-formulated to reflect that succession shall be the percentage share of the number


of votes garnered in the last-held election of the SB member in the district
represented.

On the basis of the foregoing, I earnestly seek your support for the passage of
this measure at the soonest possible time.

IN. REX GATC!
Representative
# District, Valenzuela City

‘ERIC M.
Representative


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Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No4399

Introduced by HON. REX GATCHALIAN and HON. ERIC M. MARTINEZ

AN ACT
AMENDING SECTION 21 OF REPUBLIC ACT NO. 8526, OTHERWISE KNOWN
AS THE CHARTER OF THE CITY OF VALENZUELA

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Permanent Vacancy in the Office of the City Mayor and Vice
Mayor. — Section 21 (b) of Republic Act No. 8526 shall be amended to read as follows:

Sec. 21. Permanent Vacancy in the Office of the City Mayor and Vice
Mayor. — (a) If a permanent vacancy occurs in the office of the city
mayor, the city vice mayor concerned shall become the city mayor. If a
permanent vacancy occurs in the office of the vice mayor, the highest
ranking sangguniang panlungsod member or, in case of his permanent
incapacity, the second highest ranking sangguniang panlungsod
member, shall become the city mayor or city vice mayor, as the case
may be. Subsequent vacancies in the said offices shall be filled
automatically by the other sanggunian members according to their
ranking as defined herein.

(b) A tie between or among the highest ranking sangguniang
panlungsod members shall be resolved by the drawing of lots.

(c) The successors as defined herein shall serve only the

unexpired terms of their predecessors.


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For purposes of this Act, a permanent 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 permanently incapacitated to discharge the functions of his

office.

For purposes of succession as provided in this Act, ranking in
the sanggunian shall be determined on the basis of the [proportion]
PERCENTAGE SHARE of votes obtained by each winning candidate IN
‘THE DISTRICT REPRESENTED.

(PERCENTAGE SHARE OF VOTES SHALL MEAN THE VOTES
GARNERED IN THE IMMEDIATELY PRECEDING LOCAL ELECTION
OVER THE TOTAL NUMBER OF REGISTERED VOTERS IN THE
DISTRICT REPRESENTED MULTIPLIED BY THE PERCENTAGE
SHARE OF THE CITY VOTERS IN THE DISTRICT REPRESENTED.)

SEC. 2. Separability Clause. - If any provision or part of this Act is

declared invalid

or unconstitutional, the remaining part or provisions not affected

shall remain in full force and effect.

SEC. 3. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,