G.R. No. L-28202 - F.E.F. Remotigue vs. Osmena, Jr.

In the petition, the plaintiffs question the qualification of Sergio Osmena, Jr. to run as candidate for City Mayor of Cebu City in the general elections scheduled for November 14, 1967.
The issue specifically arises from Osmena’s filing of his certificate of candidacy while he was still holding the office of Senator.

The plaintiffs contend that by filing his certificate of candidacy without resigning from his Senate seat, Osmena violated Section 9 of the Cebu City Charter.

Section 9 of the Charter mandates that all elective officials must be qualified and registered voters of the City.
It further provides that they should hold no other public office except in very limited instances (i.e., notary public or membership in the armed forces reserve) and should not be employed by any city, national government, province, or municipality office concurrently.

The plaintiffs assert that this alleged infringement not only undermines the integrity of the election process but is also prejudicial to their own and their constituents’ interests.

The complaint, titled “For Injunction and Declaratory Relief,” calls for several remedies:

A declaration that Sergio Osmena, Jr. is disqualified from running for the office of City Mayor of Cebu City.
A declaration declaring his certificate of candidacy as illegal, null, void, and without force and effect.
An injunction restraining him from running for City Mayor and from resigning his Senate post.

The case involved a complaint (original case No. L-28202) in which the plaintiffs sought a declaratory judgment and an injunction relief.
The Court observed that:

The determination of the issue would have resulted in a declaratory judgment and an injunction.
Such matters are not within the original exclusive jurisdiction of this Court.
The allegations, therefore, did not warrant handling this action as a petition for certiorari, prohibition, or any other such action under the Court’s original and exclusive jurisdiction.

The main issue raised by the pleadings is whether Sergio Osmena, Jr. is qualified to run for the office of City Mayor of Cebu City, given that he filed his certificate of candidacy for City Mayor without first resigning from his position as Senator.
An ancillary issue is whether the relief sought by the plaintiffs—specifically, a declaration of disqualification and the issuance of an injunction against Osmena—falls under matters within the original exclusive jurisdiction of the Court.