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Atty. Ciriaco Calalang
« on: November 07, 2017, 09:26:19 PM »
STATEMENT BY THE HONORABLE RON P. SALO
KABAYAN Party-list, Assistant Majority Leader

TRANSFER OF HOUSE SEAT TO CALALANG, THE NEXT KABAYAN NOMINEE, IS AUTOMATIC UNDER RA 7941 (PARTY-LIST LAW)
 
By accepting and performing the duties and functions of Presidential Spokesperson, Harry Roque has foreited his seat in the House of Representatives.
 
It is now the mere ministerial duty of the leadership of the House to, by operation of law, let Atty. Ciriaco Calalang serve the unexpired term as third nominee of the KABAYAn Party-list in the 2016 elections and assume the now vacant seat of Roque, which the Presidential Spokesperson acquired when he was still with the KABAYAN Party-list.

The transfer of the seat from Roque to Calalang is "automatic" acording to the Party-list Law or RA 7941.

KABAYAN Party-list shall abide by the Constitution and RA 7941. (END)

REFERENCES:

http://www.officialgazette.gov.ph/constitutions/1987-constitution/

ARTICLE VI

SECTION 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

RA 7941 – PARTY-LIST LAW

https://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/RA7941

Section 16. Vacancy. - In case of vacancy in seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization, or coalition concerned shall submit additional nominees.

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