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Philippine Bar review · Question

Practice question: Vacancies and Succession of Local Officials

Multiple Choice Hard

Practice question

Several statutory elevations create a chain ending in a sanggunian vacancy. For the covered Section 45(b) appointment, an official chooses the party of the first executive who died rather than the party of the member whose elevation created the last vacancy. Which is best?
  1. The statutory reference is to the member whose elevation created the last sanggunian vacancy
  2. The first deceased official’s party always controls every later seat
  3. Every vacancy must be allocated to the largest donor
  4. The appointee may choose any party after appointment
  5. Party identity is decided only by street address

Legal references

  • RA 7160: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html; Section 45.

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