Dimaporo vs Mitra, Jr. October 15, 1991 Davide, Jr., J.

Petition to review the decision of the Speaker and Secretary of the o!se of "epresentatives

#acts of the $ase%

Parties% Mohamad &'i Dimaporo ( petitioner) "amon Mitra, *!irino &bad Santos +Speaker and Secretary of o!se of reps respective'y, ( respondents Petitioner was servin- as an e'ected "epresentative of the .nd district of /anao de' 0orte since Jan 9, 1912. On Jan 15, 1993, he fi'ed a certificate of $andidacy for the position of "e-iona' 4overnor of &"MM. 5eca!se of this fi'in- of candidacy, respondents e6c'!ded petitioner7s name from the "o'' of Members of the o!se of "epresentatives p!rs!ant to Sec 82, &rtic'e 9: of the Omnib!s ;'ection $ode +5P 111, which states% <&ny e'ective officia' whether nationa' or 'oca' r!nnin- for any office other than the one which he is ho'din- in a permanent capacity e6cept for Pres and =ice Pres sha'' be considered ipso facto resi-ned from his office !pon the fi'in- of his certificate of candidacy. Petitioner 'ost in the e'ections and on J!ne .1, 1993, e6pressed intention <to res!me performin- my d!ties and f!nctions as e'ected Member of $on-ress.< Petitioner a''e-es that he did not 'ose his con-ressiona' seat beca!se of fi'in- his certificate of candidacy beca!se Sec 82, &rtic'e 9:, 5P 111 is not operative !nder the present $onsti. Section 82, &rtic'e 9:, 5P 111 is contrary to the fo''owin- $onstit!tiona' provisions%

1. Sec ., &rtic'e :=999 < the Senators, Members of o!se of "eps and the 'oca'
officia's first e'ected !nder this $onsti sha'' serve !nti' noon of J!ne >3, 199.<

2. Sec 2, &rtic'e =9 <?he members of the o!se of "eps sha'' be e'ected for a term
of > years which sha'' be-in, !n'ess otherwise provided by 'aw, at noon on the >3th day of J!ne ne6t fo''owin- their e'ection.<

3. 4ro!nds by which term may be shortened%

@Sec 1>, &rt =9% #orfeit!re of seat by ho'din- other office or emp'oyment in the -ov7t or any s!bdivision, a-ency or instr!menta'ity @Sec 18 +>,% e6p!'sion as a discip'inary action @Sec 12% DisA!a'ification @Sec 2, par .% =o'!ntary ren!nciation of office

9ss!es% 1. 9s Sec 82, &rt 9:, of 5P 111 operative !nder the present constit!tionB .. $o!'d the respondents, by administrative act, e6c'!de the petitioner from the ro''s of the o!se of "epsB

"!'in-% 1. C;S. 5asis for the stat!tory provision is acco!ntabi'ity of p!b'ic officers. P!b'ic office is a p!b'ic tr!st. &'' e'ective p!b'ic officia's sho!'d honor the mandate of the peop'e. Mere fact of fi'in- a certificate of candidacy sho!'d be considered the overt act of abandoninor re'inA!ishin- his mandate to the peop'e. Present constit!tion sti'' has a section on acco!ntabi'ity of p!b'ic officers +Sec 1, &rtic'e :9,. ?he concept of vo'!ntary ren!nciation of office !nder Sec 2, &rtic'e =9 of the $onstit!tion is broad eno!-h to inc'!de the sit!ation envisioned in Sec82, &rt 9: of 5P 111.

.. C;S. "espondents are administrative officers and as s!ch, they perform ministeria' f!nctions. 9t was their d!ty to remove petitioner7s name the "o'' considerin- the !neA!ivoca' tenor of Sec 82, &rt 9: of 5P 111. ?hese officers cannot ref!se to perform their d!ty on the -ro!nd of an a''e-ed inva'idity of the stat!te imposin- the d!ty.

?he instant petition is D9SM9SS;D for 'ack of merit.

4!tierreD, Jr. % Dissentin- Opinion @"espondents have no power, in p!rported imp'ementation of an inva'id stat!te, to erase from the "o''s the name of a member. @9t is a f!ndamenta' princip'e in $onstit!tiona' /aw that $on-ress cannot add by stat!te or administrative act to the ca!ses for disA!a'ification or remova' of constit!tiona' officers. 0either can $on-ress provide a different proced!re for discip'inin- constit!tiona' officers other than those provided in the $onstit!tion.