G.R. No. 96859 - Dimaporo vs. Mitra, Jr.

Petitioner Mohammad Ali Dimaporo was elected Representative for the Second Legislative District of Lanao del Sur in the 1987 congressional elections, took his oath on January 9, 1987, and thereafter performed congressional duties and received related rights and privileges.
On January 15, 1990, petitioner filed a Certificate of Candidacy for Regional Governor of the Autonomous Region in Muslim Mindanao (elections set for February 17, 1990).

Upon notice from the Commission on Elections, respondents excluded petitioner’s name from the Roll of Members of the House of Representatives pursuant to Section 67, Article IX of Batas Pambansa Blg. 881 (Omnibus Election Code), which deems an elective official running for another office “ipso facto resigned” upon filing a certificate of candidacy.
After losing the ARMM election, petitioner wrote a letter dated June 28, 1990 to the Speaker expressing his intent to resume congressional duties; no effective action followed, prompting petitioner to file the present petition on January 31, 1991.
Petitioner alleged that exclusion from the roll resulted in denial of participation in House sessions, nonpayment of emoluments, dismissal of staff, and loss of office facilities.

Section 67, Article IX of B.P. 881 is inoperative under the 1987 Constitution because grounds for shortening a congressman’s term are exclusively enumerated in the Constitution (Articles VI and XVIII) and do not include running for another office.
Filing a certificate of candidacy is not “holding another office,” and only the courts may interpret constitutional provisions on voluntary renunciation; respondents acted without authority.

Section 67 remains operative as its “ipso facto resignation” upon filing a certificate of candidacy falls within “voluntary renunciation” under Article VI, Section 7(2) of the Constitution.
The constitutional grounds for shortening tenure are not exclusive; statutes may prescribe other modes such as resignation or death.
The Speaker’s and Secretary’s removal of petitioner’s name was a ministerial administrative act, compelled by clear statutory mandate.

Whether Section 67, Article IX of B.P. Blg. 881 is operative under the 1987 Constitution.
Whether the Speaker and/or Secretary of the House of Representatives could, by administrative act, exclude petitioner from the House roll—thereby preventing him from exercising his congressional functions and depriving him of his rights and privileges.