G.R. No. 172843 - Villamor, Jr. vs. Umale

Case Summary (G.R. No. 172843)

Procedural and Factual Background

Adaza and Pacana were elected governor and vice‑governor, respectively, in the January 30, 1980 elections and assumed office on March 3, 1980, with terms projected to end March 3, 1986.
Pacana filed his certificate of candidacy on March 27, 1984; Adaza filed on April 27, 1984, for the May 14, 1984 Batasang Pambansa elections. Adaza placed first and Pacana lost. Adaza took his oath as Mambabatas Pambansa on July 19, 1984 and discharged duties as MP. Pacana took his oath as governor on July 23, 1984 and began acting as governor on July 25, 1984.
Adaza filed the petition seeking to exclude Pacana from the office of governor, asserting (a) his six‑year gubernatorial term continued despite his election to the Batasang Pambansa, and (b) Pacana had abandoned or resigned the vice‑governorship by filing his certificate of candidacy and therefore, as a private citizen after losing, could not succeed to the governorship.

Issues Presented

Can a provincial governor who has been elected and qualified as a Mambabatas Pambansa continue simultaneously to exercise the functions of governor?
Does a vice‑governor who ran for Mambabatas Pambansa but lost forfeit the vice‑governorship upon filing candidacy (or upon losing) such that he cannot continue as vice‑governor or succeed to the governorship when vacancy occurs?

Applicable Constitutional and Statutory Law

1973 Philippine Constitution, Article VIII, 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.”
Batas Pambansa Blg. 697 (1984 election law), Section 13(2): provides that governors, mayors, members of the various sanggunian or barangay officials shall, upon filing a certificate of candidacy, be considered on forced leave of absence from office.
Batas Pambansa Blg. 337 (Local Government Code), Sections 204–205 and Section 48(1): defines the vice‑governor as an ex‑officio member of the Sangguniang Panlalawigan and prescribes that the vice‑governor shall assume the office of governor for the unexpired term in specified cases of permanent vacancy.

Analysis — Constitutional Prohibition on Dual Officeholding

The Court deemed Section 10, Article VIII of the 1973 Constitution to be plain, certain, and unambiguous: a member of the Batasang Pambansa may not hold any other government office or employment during tenure, except prime minister or cabinet member. The constitutional text itself creates the incompatibility; consequently, the existence of parliamentary precedents in other countries permitting concurrent local and parliamentary officeholding is immaterial to Philippine constitutional command.
Because Adaza had taken his oath and was discharging duties as an elected Mambabatas Pambansa, the constitutional prohibition operated to vacate his former post as governor; he could not lawfully continue to occupy or perform the functions of governor while serving as MP.

Analysis — Effect of Filing Candidacy and Forced Leave Provision

The petitioner’s contention that Pacana abandoned or resigned the vice‑governorship upon filing his certificate of candidacy was rejected. Batas Pambansa Blg. 697, Section 13(2) expressly provides that local officials (including governors and members of sanggunian) shall be on forced leave upon filing candidacy. The legislative history (interchange between Assemblymen San Juan and Davide) clarified that vice‑governors are members of the Sangguniang Panlalawigan and thus covered by the “members of the various sangguniang” language. Under that statutory scheme, filing a certificate of candidacy effects a forced leave rather than an outright resignation or abandonment.

Analysis — Resumption of Office and Succession to Governor

After the Batasang Pambansa elections, Pacana lawfully reassumed his position as vice‑governor. The Court found that his reassumption and subsequent succession to the governorship when Adaza’s gubernatorial office became vacated by his

Case Syllabus (G.R. No. 172843)

Case Citation and Panel

Decision reported at 220 Phil. 108, En Banc, G.R. No. 68159, dated March 18, 1985.
Decision penned by Justice Escolin.
Justices Teehankee, Makasiar, Aquino, Concepcion, Jr., Melencio-Herrera, Plana, Relova, Gutierrez, Jr., de la Fuente, Cuevas, and Alampay concurred.
Chief Justice Fernando and Justice Abad Santos took no part.

Nature of the Proceeding

Petition for prohibition with prayer for a writ of preliminary injunction and/or restraining order.
Relief sought: exclusion of respondent from the office of governor of Misamis Oriental and related injunctive relief.

Factual Background

Petitioner Homobono A. Adaza was elected governor of Misamis Oriental in the January 30, 1980 elections.
Petitioner Adaza took his oath of office and began discharging duties as provincial governor on March 3, 1980.
Respondent Fernando Pacana, Jr. was elected vice-governor in the same elections and likewise qualified and assumed office on March 3, 1980.
Under the governing law, the respective terms of petitioner and respondent as governor and vice-governor would expire on March 3, 1986.
On March 27, 1984, respondent Pacana filed his certificate of candidacy for the May 14, 1984 Batasan Pambansa elections.
On April 27, 1984, petitioner Adaza filed his certificate of candidacy for the same Batasan Pambansa elections.
In the May 14, 1984 elections, petitioner Adaza placed first among the candidates and was elected Mambabatas Pambansa; respondent Pacana lost.
Petitioner Adaza took his oath of office as Mambabatas Pambansa on July 19, 1984 and thereafter discharged the functions of that office (Exh. "7", Resp., p. 89, Rollo).
On July 23, 1984, respondent Pacana took his oath of office as governor of Misamis Oriental before President Ferdinand E. Marcos (Exh. "8", Resp., p. 90, Rollo) and began performing the duties of governor on July 25, 1984.
Petitioner continued to claim he remained the lawful governor until March 3, 1986 and thus sought removal of respondent from the governorship.

Issues Presented

Whether a provincial governor who was elected and had qualified as a Mambabatas Pambansa (member of the Batasan Pambansa) can exercise and discharge the functions of both offices simultaneously.
Whether a vice-governor who ran for Mambabatas Pambansa but lost can continue to serve as vice-governor and subsequently succeed to the office of governor if the governorship is vacated.

Petitioner's Contentions

Petitioner contends that he was elected governor for a six-year term and that his governorship continues until March 3, 1986 as provided by law, regardless of his election to the Batasan Pambansa.
Petitioner argues by analogy to parliamentary systems (France, Great Britain, New Zealand) that a local elective official can simultaneously be an elected member of Parliament.
Petitioner maintains that respondent Pacana should be deemed to have abandoned or resigned the vice-governorship when he filed his certificate of candidacy for the 1984 Batasan Pambansa elections; therefore, after losing, respondent reverted to private citizen status and could no longer serve as vice-governor or succeed to governor.

Legal Provisions and Authorities Cited by the Court

Section 10, Article VIII of the 1973 Constitution: "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."
Section 1, Article XIII, 1973 Constitution (public office as public trust) cited as foundational principle.
Batas Pambansa Blg. 697, Section 13[2], governing the May 14, 1984 Batasan Pambansa election: provides that "governors, mayors, mem