Facts:

Due to the suspension of Governor Romeo Salalima of the Province of Albay, Vice-Governor Danilo Azana automatically assumed the powers and functions of the governor, leaving vacant his post as vice-governor. The Comelec certified Jesus James Calisin of District 1 as first ranking member with Juan Victoria of District 2 as second ranking member based on the number of votes obtained by the Sanggunian members in relation to the number of registered voters in the district. Pursuant to the Comelec resolution, DILG Secretary Alunan designated Calisin as acting Vice-Governor. 

Victoria claims that the ranking of the Sanggunian members should not only be based on the number of votes obtained in relation to the total number of registered voters, but also on the number of voters in the district who actually voted therein. He further argues that a district may have a large number of registered voters but only a few actually voted, in which case the winning candidate would register a low percentage of the number of votes obtained. Conversely, a district may have a smaller number of registered voters but may have a big voters' turn-out, in which case the winning candidate would get a higher percentage of the votes. Applying his formula, Victoria would come out to be the highest ranking Sanggunian member.

Issue:

How shall the ranking in the Sanggunian be determined for purposes of succession?

Held:

Section 44 of the Local Government Code provides that if a permanent vacancy occurs in the office of the vice-governor, the highest ranking Sanggunian member or, in case of his permanent inability, the second highest ranking Sanggunian member, shall become vice-governor. "For purposes of succession, ranking in the Sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election."

The law is clear that the ranking in the Sanggunian shall be determined on the basis of the proportion of the votes obtained by each winning candidate to the total number of registered voters in each district. In such a case, the Court has no recourse but to merely apply the law. The courts may not speculate as to the probable intent of the legislature apart from the words.

Victoria's contention must very well be addressed to the legislative branch and not to the Court which has no power to change the law. (Victoria vs Comelec, G.R. No. 109005, January 10, 1994)