G.R. No. 68159 - Adaza vs. Pacana, Jr.

Petitioner Homobono A. Adaza was elected governor of Misamis Oriental in the January 30, 1980 elections.
Petitioner took his oath and began serving as governor on March 3, 1980; term expected to expire March 3, 1986.
Respondent Fernando Pacana, Jr. was elected vice-governor of Misamis Oriental in the same election and qualified on March 3, 1980; term likewise to expire March 3, 1986.

Respondent Pacana filed his certificate of candidacy for the Batasan Pambansa elections on March 27, 1984.
Petitioner Adaza filed his certificate of candidacy on April 27, 1984.
Petitioner won the Batasan Pambansa seat in the May 14, 1984 elections, placing first; Respondent lost.
Petitioner took his oath as Mambabatas Pambansa on July 19, 1984, and began performing duties.

On July 23, 1984, Respondent Pacana took his oath as governor of Misamis Oriental before President Marcos.
Respondent assumed to discharge the functions of governor on July 25, 1984.

Petitioner contended that he remains the lawful governor until March 3, 1986, despite serving concurrently as Mambabatas Pambansa.
Cited parliamentary systems abroad where holding local office and being a member of parliament simultaneously is allowed.
Argued that respondent abandoned or resigned vice-governorship upon filing certificate of candidacy for Batasan, and after losing the election reverted to private citizen status, thus no longer qualified to hold vice-governor or assume governor.

Whether a provincial governor elected and qualified as a Mambabatas Pambansa can simultaneously hold and discharge the functions of both offices.
Whether a vice-governor who lost in the Batasan Pambansa election can continue as vice-governor and subsequently assume the governorship if the office becomes vacant.