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Republic of the Philippines provincial governor on March 3, 1980.

parliamentary system, as in France,

SUPREME COURT Elected vice-governor for said province Great Britain and New Zealand, a local
Manila in the same elections was respondent elective official can hold the position to
Fernando Pacana, Jr., who likewise which he had been elected and
EN BANC qualified for and assumed said office on simultaneously be an elected member of
March 3, 1980. Under the law, their Parliament.
G.R. No. L-68159 March 18, 1985 respective terms of office would expire
on March 3, 1986. Petitioner further contends that
HOMOBONO ADAZA, petitioner, respondent Pacana should be
vs. On March 27, 1984, respondent Pacana considered to have abandoned or
FERNANDO PACANA, JR., respondent filed his certificate of candidacy for the resigned from the position of vice-
May 14, 1984 Batasan Pambansa governor when he filed his certificate of
elections; petitioner Adaza followed suit candidacy for the 1984 Batas Pambansa
on April 27, 1984. In the ensuing elections; and since respondent had
elections, petitioner won by placing first reverted to the status of a mere private
The issues posed for determination in among the candidates, while respondent citizen after he lost in the Batas
this petition for prohibition with prayer for lost. Pambansa elections, he could no longer
a writ of preliminary injunction and/or continue to serve as vice-governor,
restraining order are: [1] whether or not a much less assume the office of governor.
Petitioner took his oath of office as
provincial governor who was elected and
Mambabatas Pambansa on July 19,
had qualified as a Mambabatas
1984 1 and since then he has discharged 1. The constitutional prohibition against a
Pambansa [MP] can exercise and
the functions of said office. member of the Batasan Pambansa from
discharge the functions of both offices
holding any other office or employment
simultaneously; and [2] whether or not a
On July 23, 1984, respondent took his in the government during his tenure is
vice-governor who ran for the position of
oath of office as governor of Misamis clear and unambiguous. Section 10,
Mambabatas Pambansa, but lost, can
Oriental before President Ferdinand E. Article VIII of the 1973 Constitution
continue serving as vice-governor and
Marcos, 2 and started to perform the provides as follows:
subsequently succeed to the office of
governor if the said office is vacated. duties of governor on July 25, 1984.
Section 10 A member of
Claiming to be the lawful occupant of the the National Assembly
The factual background of the present
governor's office, petitioner has brought [now Batasan Pambansa
controversy is as follows:
this petition to exclude respondent shall not hold any other
therefrom. He argues that he was office or employment in
Petitioner Homobono A. Adaza was the government or any
elected to said office for a term of six
elected governor of the province of subdivision, agency or
years, that he remains to be the
Misamis Oriental in the January 30, 1980 instrumentality thereof,
governor of the province until his term
elections. He took his oath of office and including government
expires on March 3, 1986 as provided by
started discharging his duties as owned or controlled
law, and that within the context of the
corporations, during his constitution itself. In the case at bar, 204 and 205 of Batas Pambansa Blg.
tenure, except that of there is no question that petitioner has 337, 5 otherwise known as the Local
prime minister or member taken his oath of office as an elected Government Code. The reason the
of the cabinet. ... Mambabatas Pambansa and has been position of vice-governor was not
discharging his duties as such. In the included in Section 13[2] of BP Blg. 697
The language used in the above-cited light of the oft-mentioned constitutional is explained by the following interchange
section is plain, certain and free from provision, this fact operated to vacate his between Assemblymen San Juan and
ambiguity. The only exceptions former post and he cannot now continue Davide during the deliberations on said
mentioned therein are the offices of to occupy the same, nor attempt to legislation:
prime minister and cabinet member. The discharge its functions.
wisdom or expediency of the said MR. DAVIDE. If I was
provision is a matter which is not within 2. The second proposition advanced by able to get correctly the
the province of the Court to determine. petitioner is that respondent Pacana, as proposed amendment it
a mere private citizen, had no right to would cover only
A public office is a public trust. 3 It is assume the governorship left vacant by governors and members
created for the interest and the benefit of petitioner's election to the Batasan of the different
the people. As such, a holder thereof "is Pambansa. He maintains that sanggunians? Mayor,
subject to such regulations and respondent should be considered as governors?
conditions as the law may impose" and having abandoned or resigned from the
"he cannot complain of any restrictions vice-governorship when he filed his MR. SAN JUAN.
which public policy may dictate on his certificate of candidacy for the Batas Governors, mayors,
holding of more than one office." 4 It is Pambansa elections. The point pressed members of the various
therefore of no avail to petitioner that the runs afoul of Batas Pambansa Blg. 697, sanggunian or barangay
system of government in other states the law governing the election of officials. A vice-governor
allows a local elective official to act as an members of the Batasan Pambansa on is a member of the
elected member of the parliament at the May 14, 1984, Section 13[2] of which Sanggunian
same time. The dictate of the people in specifically provides that "governors, Panlalawigan.
whom legal sovereignty lies is explicit. It mayors, members of the various
provides no exceptions save the two sangguniang or barangay officials shall, MR. DAVIDE. All. Why
offices specifically cited in the above- upon filing a certificate of candidacy, be don't we instead use the
quoted constitutional provision. Thus, considered on forced leave of absence word, "Local officials?
while it may be said that within the purely from office." Indubitably, respondent falls
parliamentary system of government no within the coverage of this provision,
incompatibility exists in the nature of the considering that at the time he filed his
Mr. Speaker, your
two offices under consideration, as certificate of candidacy for the 1984
humble representation ...
incompatibility is understood in common Batasan Pambansa election he was a
law, the incompatibility herein present is member of the Sangguniang
one created by no less than the Panlalawigan as provided in Sections
MR. DAVIDE. And, latter in the cases
secondly, why don't we provided for in Section
include the vice- 48, paragraph 16 of this
governor, the vice- Code;
WHEREFORE, the instant petition is
MR. SAN JUAN. hereby dismissed. No costs.
Because they are
members of the SO ORDERED.
Sanggunians, Mr.
Speaker. They are
covered by the provision
on members of
sanggunian. [Record of
Proceedings, February
20, 1984, p. 92, Rollo]

Thus, when respondent reassumed the

position of vice-governor after the Batas
Pambansa elections, he was acting
within the law. His succession to the
governorship was equally legal and valid,
the same being in accordance with
Section 204[2] [a] of the same Local
Government Code, which reads as

SECTION 204. Powers,

Duties and Privileges:

1] x x x

2] He shall:

a] Assume the office of

the governor for the
unexpired term of the