Case Summary (G.R. No. L-28202)
Issues Raised
The primary contention raised by the plaintiffs is that Sergio Osmeña, Jr. is disqualified from running for mayor because he filed his certificate of candidacy without resigning from his position as a Senator. This assertion is based on Section 9 of the Charter of Cebu City, which specifies that elective officers must be qualified voters of the city, may hold no other public office except for limited exceptions, and cannot maintain any other employment with the city or with the National Government.
Claims of Prejudice
The plaintiffs argue that Osmeña's candidacy is prejudicial to their interests and the interests of those they represent. This serves as the foundation for their request for the Court to not only declare Osmeña disqualified but also to render his certificate of candidacy illegal, null and void, thereby restraining him from running for mayor or from resigning his Senate office.
Nature of the Action
The plaintiffs have positioned their complaint as one seeking both injunction and declaratory relief. They expect the Court to grant a ruling on Osmeña's qualifications in a manner that would constitute a declaratory judgment, which typically involves broader issues unrelated to specific parties in a suit.
Court's Jurisdiction
The Court determined that addressing the qualifications of Osmeña, as raised by the plaintiffs, effectively sought a declaratory judgment and injunctive relief, which are not under its exclusive jurisdiction. The nature of the allegations presented lacks the procedural basis required for the Court to treat this matter as a petition for certiorari or prohibition, which would fall under its original jurisdiction.
Resolution of the Court
After careful consideration of the complaint and the various arguments presented, the Court resolved to dismiss the case, ruling that it
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Case Citation
- Citation: 129 Phil. 60
- G.R. No.: L-28202
- Date: November 10, 1967
Parties Involved
- Petitioners: F. E. F. Remotigue, et al.
- Respondent: Hon. Sergio Osmena, Jr.
Background of the Case
- This case revolves around the qualifications of Sergio Osmena, Jr. as a candidate for the office of City Mayor of Cebu City in the upcoming general elections scheduled for November 14, 1967.
- The petitioners raised concerns regarding Osmena's eligibility based on legal provisions stipulated in the Charter of Cebu City.
Key Issues
- The primary legal contention is whether Sergio Osmena, Jr. is qualified to run for the office of City Mayor given that he filed his certificate of candidacy without resigning from his current position as Senator.
- The plaintiffs reference Section 9 of the Charter of Cebu City, which outlines qualifications for elective officials, emphasizing the prohibition against holding multiple public offices.
Arguments Presented
Plaintiffs' Position:
- Assert that Osmena’s candidacy is illegitimate due to his failure to resign from his Senate position prior to filing for mayor.
- Claim that his candidacy adversely aff