You are on page 1of 1

Myla Ruth N.

Sara

Dimaporo v. Mitra
FACTS:
Dimaporo was elected as a representative for the second legislative district of Lanao del Sur during the
1987 congressional elections.
Dimaporo filed a certificate of candidacy for the position of governor of ARMM. Secretary and Speaker of
the House excluded the name of Dimaporo from the Roll of Members of HR Under Art IX of Sec 67 of the
Omnibus Election Code. Dimaporo lost the election wrote a letter intending to resume performing his duties and
functions as an elected member of the Congress. Unfortunately, he was not able to regain his seat in the
Congress.
Dimaporo contended that he did not lose his seat as a Congressman because Art. IX Sec. 67 of BP 881 is
not operative in the present constitution, and therefore not applicable to the members of Congress.
Grounds may be termed to be shortened:
1. Holding any officer or employment in the government or ant subdivision, agency, or
instrumentality thereof.
2. Expulsion as a disciplinary action for a disorderly behavior
3. Disqualification as determined by a resolution of the electoral tribunal in an election contest
4. Voluntary renunciation of office
ISSUE: W/N Dimaporo can still be considered as a member of Congress even after he has filed for another
government position

HELD: No.
In the constitution there is a new chapter on the accountability of public officers. In the 1935
Constitution, it was provided that public office is a public trust. Public officers should serve with the highest
degree of responsibility and integrity.
If you allow a Batasan or a governor or a mayor who has mandated to serve for 6 years to file for an
office other than the one he was elected to, then that clearly shows that he did not intend to serve the mandate
of the people which was placed upon him and therefore he should be considered ipso facto resigned.
The filling of a certificate shall be considered as an overt act or abandoning or relinquishing his mandate
to the people and he should therefore resign if he want to seek another position which he feels he could be of
better service.