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Romeo J. Gamboa, Jr. Vs. Marcelo Aguirre, Jr., And Juan Y. Araneta

ROMEO J. GAMBOA, JR., PETITIONER, VS. MARCELO AGUIRRE, JR., AND JUAN Y. ARANETA, RESPONDENTS.

G.R. No. 134213 | 1999-07-20

D E C I S I O N

YNARES-SANTIAGO, J.:

The query herein is purely legal. May an incumbent Vice-Governor, while concurrently the Acting Governor, continue to preside over the sessions of the Sangguniang Panlalawigan (SP)?

The facts are not in dispute.

In the 1995 elections, Rafael Coscolluela, petitioner Romeo J. Gamboa, Jr. and respondents Marcelo Aguirre, Jr., and Juan Y. Araneta were elected Negros Occidental Governor, Vice-Governor and SP members, respectively. Sometime in August of 1995, the governor designated petitioner as Acting Governor for the duration of the former's official trip abroad until his return. When the SP held its...