Supangan Vs Santos

Article X
Section 9. Legislative bodies of local governments shall have sectoral representation as may be
prescribed by law.
Supangan, Jr. vs. Santos, G. R. No. 84663, August 24, 1990
Facts: The composition of the sectoral representatives of the local legislative body for the cities
is governed by BP 51; they are to be appointed by the President. This is complemented by the
Local Government Code (BP 337), Section 173 for cities and Section 146 for municipalities.
Composition (1) The Sangguniang [Panlungsod/Bayan] shall be the legislative body
of the [city/municipality] and shall be composed of the [vice-mayor/municipal mayor]
[elected members], and the members appointed by the President consisting of the
president of the katipunang [panlungsod ng mga barangay/bayan] and the president of the
kabataang barangay [city/municipal] federation.
(2) In addition thereto, there shall be one representative each from the agricultural and
industrial labor sectors who shall be appointed by the President of the Philippines
whenever, as determined by the Sangguniang [Panlungsod/Bayan], said sectors are of
sufficient number in the [city/municipality] to warrant representation, after consultation
with associations and persons belonging to the sector concerned.
Secretary Santos of the Department of Local Government (DLG) made
designations/appointments of members/sectoral representatives to the local legislative bodies.
Petitioners question the validity of such appointments.
Issues:
1. Whether the Presidents power to appoint can be delegated to the Secretary of the
Department of Local Government.
2. Whether the designations/appointments made by the Secretary are unlawful and
unconstitutional in the light of Article X, Section 9 of the 1987 Constitution, since there
is as yet no enabling law to implement the constitutional provision.
3. Whether the designations/appointments made by Secretary are null and void ab initio as
they were not made in the manner required by law.
4. Whether the appointees may be appointed even if they are not qualified.
Decision
1. Under the Local Government Code (BP 337), the power to appoint sectoral
representatives is conferred upon the President of the Philippines. But the Secretary of
Local Government may, by authority of the President, inform the sectoral representatives
of their appointments. Otherwise stated, it is actually the President who has made the
appointments, and the Secretary of Local Government is only the transmitter or
communicator of said appointments.
2. The appointment or designation of individuals as sectoral representatives to the local
legislative bodies must be done in accordance with provisions of law, whether that law
exists or has still to be passed. But in this case that law already exists in B.P. Blg. 337.
Hence, the phrase as may be prescribed by law is not prospective in character.
a. Under ordinary circumstances, the phrase may be implies the possible existence
of something. The phrase does not and cannot, by its very wording, restrict itself
to the uncertainty of future legislation. This interpretation would defeat the very
purpose of immediately including sectoral representatives in the law-making
bodies of local governments. Otherwise, in the interregnum, from the ratification
of the 1987 Constitution until the passage of the appropriate statute, a large and
important segment of the sectors would have no voice in the formulation of
legislation that would directly affect their individual members.
b. In any event BP 337 is still operative, even after the ratification of the 1987
Constitution, because the Transitory Provisions (Article XVIII) provide for the
continued operation of all existing laws, etc. not inconsistent with it. BP 337 is
not inconsistent with the 1987 Constitution. Neither has it been expressly or
impliedly amended, repealed or revoked.
3. BP 337 explicitly requires that before the President may appoint members of the local
legislative bodies to represent the Industrial and Agricultural Labor Sectors, there must
be a determination to be made by the Sanggunian itself that said sectors are of
sufficient number in the city or municipality to warrant representation after
consultation with associations and persons belonging to the sector concerned.
Consequently, in cases where the Sanggunian concerned has not yet made such
determination, there is absolutely no basis for the designations/appointments. Such prior
determination by the Sangguniang itself is a condition sine qua non to a valid
appointment.
4. The appointee to the Sanggunian who sits there as a representative must meet the
qualifications required by law for the position. The Constitution does not prescribe the
qualifications for the position of sectoral representatives (Industrial and Agricultural
Sectors) to the local legislative bodies. However, the use of the term sectoral
representation implies that at the very least, the appointee must actually belong to the
sector which he purports to represent, otherwise there can be no true representation.
a. The sanggunian is enjoined by law to consult with associations and persons
belonging to the sector concerned (considering that those who belong to said
sector are the ones primarily interested in being represented). It is, therefore,
quite obvious that the person appointed as such representative must actually
belong to the sector which he seeks to represent. As to representatives of the
youth sector, Association of Barangay Councils and Kabataang Barangay
Federation, it is required that they must have been presidents or officers of said
sector or barangay.

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