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Digest Author: Des Ico

Adaza vs Pacana, Jr. Petition: petition for prohibition with prayer for a writ of preliminary injunction or TRO Petitioner: Homobono Adaza Respondent: Fernando Pacana Jr. Ponente: J. Escolin Date: 18 March 1985 Facts: 30 January 1980 Adaza elected as governor of Misamis Oriental; Pacana also elected as ViceGovernor of the same province 3 March 1980 Both took oath and assumed office o Their terms will expire on 1986 27 March 1984 Pacana filed COC for May 1984 Batasan Pambansa elections 27 April 1984 - Adaza also filed COC for Batasan Pambansa where he won 19 July 1984 Adaza took oath of office as Mambabatas Pambansa 23 July 1984 Pacana took oath of office as governor Pertinent laws/provisions: Sec 10, Article VIII of the 1973 Constitution
a member of the National Assembly (Batasan Pambansa) shall not hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including GOCCs, during his tenure, except that of a prime minister or member of the cabinet

Sec 13(2) Batas Pambansa Blg. 697


governors, mayors, members of the various sanggunian or barangay officials shall, upon filing a COC, be considered on forced leave of absence from office

Sec 204 (2a) of LGC


assume office of the governor for the unexpired term of the latter in the cases provided for in Sec 48 par 1 of this Code

Issues: 1. WON a provincial governor who was elected and had qualified as Mambabatas Pambansa (MP) can exercise functions of both offices simultaneously 2. WON the vice governor who ran for the position of MP but lost can continue serving and subsequently succeed to the office of governor if the said office is vacated Ruling: 1. NO 2. NO. Ratio Decidendi: 1. The constitutional prohibition against a member of the Batasan Pambansa from holding any other office or employment in the government is clear and ambiguous as stated in Art VIII Section 10 of the 1973 Constitution. A public office is a public trust; hence, it is created for the interest and the benefit of the people. A holder of such position is subject to the regulations and the conditions the law imposes. There is no question that Adaza had taken oath of office as MP so this fact operated to vacate his former post and he cannot continue to occupy the same nor attempt to discharge its functions. 2. Petitioner asserts that respondent already resigned from the vice governor posgt by filing candidacy as MP. This is contrary to Section 13 (2) of Batas Pambansa Blg. 697 stating that governors, mayors, members of the various sanggunian or barangay officials shall, upon filing a

Digest Author: Des Ico


COC, be considered on forced leave of absence from office. Respondent falls within the coverage of the provision since he was part of the sanggunian (Sangguniang Panlalawigan as provided in LGC) when he filed COC. He was acting within the law when he reassumed position as vice governor as well as his succession to the governorship was valid and legal in accordance to Section 204 (2a) of the LGC (powers, duties and privileges of a vice gov). Opinions: None Principles (connection to syllabus heading): Disqualification