Abella ‘can take over’ as Duljo village chief

Even if Elmer Abella has served three full terms as barangay captain of Duljo-Fatima, Cebu City, he can still validly assume as the village chief following the death of barangay captain-elect Ricardo Joel Ycong on Thursday.

Lawyer Veronico Petalcorin, acting director of the Commission on Elections in Central Visayas, made the remarks in response to questions whether Abella can still take over the top barangay post.

Petalcorin explained that although Abella has served three terms as barangay captain, he was elected as kagawad during Monday’s elections.

“Last term sa iyahang pagka-punong barangay sa niagi maong wala siya milansar og punong barangay. So karon, wala man siya ma-elect as punong barangay. He was elected as sangguniang barangay member, so ang iyahang pagkaassume is through succession,” he told reporters yesterday.

Petalcorin said Ycong’s death has left a permanent vacancy in the barangay. In this case, the rule of succession applies.

Section 44 of Republic Act 7160 or the Local Government Code of 1991 defines permanent vacancy as “when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office.”

Petalcorin likewise said the vacant position for barangay councilman will be filled in through appointment by the mayor based on the barangay captain’s recommendation.

Ycong, who succumbed to what was believed to be heart attack, was an ally of the Bando Osmeña-Pundok Kauswagan (BOPK), that party headed by Mayor Tomas Osmeña.

Abella, on the other hand, belongs to the opposition Barug Team Rama-PDP Laban. —