FIFTEENTH CONGRESS of the 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 2395 
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{lUG 12 ,i,l':13 
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Introduced by HON. 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 government. 
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 Government Code provides for guidelines on 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 government unit concerned is just a 
single district because subsequent vacancies shaH 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 Government 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 
Registered 
Votes Garnered 
Actually 
Rank 
Ranking using the formula in 
Voters 
Voted 
Sec. 44 
First District 
130,085 
1. Jesus James Calisin 
28,335 
107,216 
2" 
28,335/130,085 = 21.78% (1") 
2. Vicente Go., Sr. 
17,937 
3. Clenio Cabredo 
16,705 
Second District 
155,318 
1. Juan O. Victoria 
32,918 
121,423 
1" 
32,918/155,318 = 21.19% (2"") 
2. Jesus Marcellana 
26,030 
3'" 
26,030/155,318 =16.76% (3'") 
3. Lorenzo Reyeg 
23,887 
Third Dis1ric1 
1. Ramon Fernandez, Jr. 
19,315 
2. Masik~Fontan\Ua 
19,241 
3. Arturo Osla 
17,778 
4. Nemesio Baclao 
17,545 


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 ofthe 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 ofthe powers of government. 
Hence, passage of this bill is earnestly sought. 
G REVILLA, JR. 


.. 
, 
FIFTEENTH CONGRESS of the 
) 
REPUBLIC OF THE PHILIPPINES· ) 
First Regular Session 
) 
SENATE 
S.B. No. 2395 
Introduced by HON. RAMON BONG REVILLA, JR. 
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 of Representatives of 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 permanent 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 permanent vacancy occurs in the offices of the 
governor, vice-governor, mayor, or vice-mayor, the highest 
ranking sanggunian member or, in case of his permanent 
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 
offlce shall be filled automatically by the other sanggunian 
members according to their ranking as defined herein. 
(b) If a permanent vacancy occurs in the offlce of the punong 
barangay, the highest ranking sanggunian barangay member 
or, in case of his permanent 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 of lots. 
(d) The successors as defined herein shall serve only the 
unexpired terms of their predecessors. 
For purposes of this Chapter, a permanent vacancy arises 
when an elective local official fills a higher vacant office, 
refuses to assume office, fails to quality, 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 Chapter, 
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] THOSE WHO 
ACTUALLY VOTED 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 of this Act are hereby amended or 
repealed. 
SEC. 4. E.ffectivity Clause. - This Act shall take effect upon its publication in at least 
two (2) national newspapers of general circulation. 
Approved, 
2