ADAZA VS PACANA

FACTS:

In the elections held on January 30, 1980, Adaza won the position of governor of the Misamis
Oriental province. On March 3, 1980, he took the oath of office and began performing his duties
as provincial governor. In the same elections, Pacana was chosen as the province's vice-
governor. According to the law, each of their periods of office would end on March 3, 1986.
Pacana submitted his certificate of candidacy for the May 14, 1984 BP elections on March 27.
Petitioner Adaza did the same on April 27. In the ensuing elections, petitioner took first place
among the contenders, while Pacana came in second. On July 19, 1984, Adaza took the oath of
office as Mambabatas Pambansa, and he has since performed the duties of that position. Adaza
has filed this petition to remove Pacana from the governor's office, claiming to be the position's
legitimate occupant. He contends that he was elected to the position in question for a six-year
term, that he will continue to serve as the province's governor until his term expires on March
3, 1986, as required by law, and that under a parliamentary system, such as that used in France,
Great Britain, and New Zealand, a local elective official can hold the position to which he had
been elected while also serving as an elected member of Parliament.

ISSUES:  
Whether or not Adaza can serve as a member of the Batasan and as a governor of the province
simultaneously. Whether or not a vice governor who ran for Congress and lost can assume his
original position and as such can, by virtue of succession, taeke the vacated seat of the
governor.

RULING:
Section 10, Article VIII of the 1973 Constitution provides as follows:
“Section 10. A member of the National Assembly [now Batasan Pambansa] shall not hold any
other office or employment in the government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations, during his tenure, except that
of prime minister or member of the cabinet . . .”
The Philippine Constitution is clear and unambiguous. Hence Adaza cannot invoke common law
practices abroad. He cannot complain of any restrictions which public policy may dictate on his
holding of more than one office. Adaza further contends that when Pacana filed his candidacy
for the Batasan he became a private citizen because he vacated his office. Pacana, as a mere
private citizen, had no right to assume the governorship left vacant by petitioner’s election to
the BP. This is not tenable and it runs afoul against BP. 697, the law governing the election of
members of the BP on May 14, 1984, Section 13[2] of which specifically provides that
“governors, mayors, members of the various sangguniang or barangay officials shall, upon filing
a certificate of candidacy, be considered on forced leave of absence from office.” Indubitably,
respondent falls within the coverage of this provision, considering that at the time he filed his
certificate of candidacy for the 1984 BP election he was a member of the Sangguniang
Panlalawigan as provided in Sections 204 and 205 of Batas Pambansa Blg. 337, 5 otherwise
known as the Local Government Code.