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Legal Opinions

 

POLITICAL PARTIES
OPINION NO.
ISSUES
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1999-07

 POLITICAL PARTIES: REORGANIZATION AND MEMBERSHIP

1) Whether there are any provisions and/or rules and regulations pertaining to the successive change/reorganization of political parties?

2) Whether or not the members of a defunct party automatically become members of the newly reorganized political party even without signifying their intentions to become members of the said new party? and

3) Whether or not the appointment of Mr. Camilo B. Alumit as member of the Sangguniang Bayan of Kabayan, Province of Benguet vice the late SB Member Lorente S. Abag "unconstitutional and anomalous" under the assumption that both are not members of the Laban ng Masang Pilipino (LAMP) which nominated and issued the certification of party membership in favor of the former?

1999-12

 PERMANENT VACANCY IN THE SANGGUNIAN
RE: NOMINATION OF “HIGHEST OFFICIAL OF THE POLITICAL PARTY”

Whether or not the appointment of Mr. Alumit vice the late Lorente S. Abag is valid considering that he was nominated by the Deputy Secretary General of LAMP and not by the “highest official of the political party" as contemplated by law, citing Art. 83 (c)(2)(ii), IRR of the Local Government Code (RA 7160)?

2000-23

 MANNER OF FILLING-UP PERMANENT VACANCY IN THE SANGGUNIANG BAYAN

1) What is the manner in filling-up a vacancy in the Sangguniang Bayan (SB) of Bakun, Benguet as a consequence of the elevation by reason of succession of the highest ranking SB Member to the Office of the Vice Mayor?

2) Under what political party Hon. Tirso S. Bayawa, the highest ranking SB Member, was elected as basis for determining the political party that would nominate his replacement in the Sangguniang Bayan for the unexpired term?

2001-21

 MAJORITY AND MINORITY PARTY IN THE SANGGUNIANG BAYAN

Which party, between the NPC and Lakas-NUCD Political Parties, belong to the majority or minority in the Sangguniang Bayan of La Trinidad which is composed of four (4) NPC and four (4) Lakas-NUCD regular councilors, with the Presiding Officer belonging to the latter party?

2001-33

 MINORITY PARTY REPRESENTATIVE TO THE PBAC

QUERY: There are two members in the sangguniang bayan of Lamut, Ifugao who belong to the minority party. In the process of selecting a representative from said minority party to the Prequalification, Bids and Awards Committee (PBAC), both members verbally waived their membership in favor of a sanggunian member who has no party affiliation or is independent. Said member was then voted upon and chosen by the members of the SB as the representative in the said special body.

Whether or not the move of the Sangguniang Bayan of Lamut is valid


 

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