Republic of the Philippines SUPREME COURT

Manila
EN BANC G.R. No. L-68159 March 18, 1985 HOMOBONO ADAZA, petitioner, vs. ERNANDO PACANA, !R., respondent ESCOL"N, J.: The issues posed for determination in this petition for prohibition with pra er for a writ of preliminar in!unction and"or restrainin# order are$ %&' whether or not a provincial #overnor who was elected and had (ualified as a Mambabatas Pambansa %MP' can e)ercise and dischar#e the functions of both offices simultaneousl * and %+' whether or not a vice,#overnor who ran for the position of Mambabatas Pambansa, but lost, can continue servin# as vice,#overnor and subse(uentl succeed to the office of #overnor if the said office is vacated. The factual bac-#round of the present controvers is as follows$ Petitioner .omobono A. Ada/a was elected #overnor of the province of Misamis 0riental in the 1anuar 23, &453 elections. .e too- his oath of office and started dischar#in# his duties as provincial #overnor on March 2, &453. Elected vice,#overnor for said province in the same elections was respondent 6ernando Pacana, 1r., who li-ewise (ualified for and assumed said office on March 2, &453. 7nder the law, their respective terms of office would e)pire on March 2, &458. 0n March +9, &45:, respondent Pacana filed his certificate of candidac for the Ma &:, &45: Batasan Pambansa elections* petitioner Ada/a followed suit on April +9, &45:. ;n the ensuin# elections, petitioner won b placin# first amon# the candidates, while respondent lost. Petitioner too- his oath of office as Mambabatas Pambansa on 1ul &4, &45: 1 and since then he has dischar#ed the functions of said office. 0n 1ul +2, &45:, respondent too- his oath of office as #overnor of Misamis 0riental before President 6erdinand E. Marcos, # and started to perform the duties of #overnor on 1ul +<, &45:. Claimin# to be the lawful occupant of the #overnor=s office, petitioner has brou#ht this petition to e)clude respondent therefrom. .e ar#ues that he was elected to said office for a term of si) ears, that he remains to be the #overnor of the province until his term e)pires on March 2, &458 as provided b law, and that within the conte)t of the parliamentar s stem, as in 6rance, >reat Britain and New ?ealand, a local elective official can hold the position to which he had been elected and simultaneousl be an elected member of Parliament. Petitioner further contends that respondent Pacana should be considered to have abandoned or resi#ned from the position of vice,#overnor when he filed his certificate of candidac for the &45: Batas Pambansa elections* and since respondent had reverted to the status of a mere private citi/en after he lost in the Batas Pambansa elections, he could no lon#er continue to serve as vice,#overnor, much less assume the office of #overnor. &. The constitutional prohibition a#ainst a member of the Batasan Pambansa from holdin# an other office or emplo ment in the #overnment durin# his tenure is clear and unambi#uous. @ection &3, Article A;;; of the &492 Constitution provides as follows$ @ection &3 A member of the National Assembl %now Batasan Pambansa shall not hold an other office or emplo ment in the #overnment or an subdivision, a#enc or instrumentalit thereof, includin# #overnment owned or controlled corporations, durin# his tenure, e)cept that of prime minister or member of the cabinet. ... The lan#ua#e used in the above,cited section is plain, certain and free from ambi#uit . The onl e)ceptions mentioned therein are the offices of prime minister and cabinet member. The wisdom or e)pedienc of the said provision is a matter which is not within the province of the Court to determine. A public office is a public trust. $ ;t is created for the interest and the benefit of the people. As such, a holder thereof Bis sub!ect to such re#ulations and conditions as the law ma imposeB and Bhe cannot complain of an restrictions which public polic ma dictate on his holdin# of more than one office.B % ;t is therefore of no avail to petitioner that the s stem of #overnment in other states allows a local elective official to act as an elected member of the parliament at the same time. The dictate of the people in whom le#al soverei#nt lies is e)plicit. ;t provides no e)ceptions save the two offices specificall cited in the above,(uoted constitutional provision. Thus, while it ma be said that within the purel parliamentar s stem of #overnment no incompatibilit e)ists in the nature of the two offices under consideration, as incompatibilit is understood in common law, the incompatibilit herein present is one created b no less than the constitution itself. ;n the case at bar, there is no (uestion that petitioner has ta-en his oath of office as an elected Mambabatas Pambansa and has been dischar#in# his duties as such. ;n the li#ht of the oft,mentioned constitutional provision, this fact operated to vacate his former post and he cannot now continue to occup the same, nor attempt to dischar#e its functions.

+. The second proposition advanced b petitioner is that respondent Pacana, as a mere private citi/en, had no ri#ht to assume the #overnorship left vacant b petitioner=s election to the Batasan Pambansa. .e maintains that respondent should be considered as havin# abandoned or resi#ned from the vice,#overnorship when he filed his certificate of candidac for the Batas Pambansa elections. The point pressed runs afoul of Batas Pambansa Bl#. 849, the law #overnin# the election of members of the Batasan Pambansa on Ma &:, &45:, @ection &2%+' of which specificall provides that B#overnors, ma ors, members of the various san##unian# or baran#a officials shall, upon filin# a certificate of candidac , be considered on forced leave of absence from office.B ;ndubitabl , respondent falls within the covera#e of this provision, considerin# that at the time he filed his certificate of candidac for the &45: Batasan Pambansa election he was a member of the @an##unian# Panlalawi#an as provided in @ections +3: and +3< of Batas Pambansa Bl#. 229, 5 otherwise -nown as the Cocal >overnment Code. The reason the position of vice,#overnor was not included in @ection &2%+' of BP Bl#. 849 is e)plained b the followin# interchan#e between Assembl men @an 1uan and Davide durin# the deliberations on said le#islation$ MR. DAA;DE. ;f ; was able to #et correctl the proposed amendment it would cover onl #overnors and members of the different san##uniansE Ma or, #overnorsE MR. @AN 17AN. >overnors, ma ors, members of the various san##unian or baran#a officials. A vice,#overnor is a member of the @an##unian Panlalawi#an. MR. DAA;DE. All. Fh don=t we instead use the word, BCocal officialsE MR. @AN 17AN. Fell, Mr. @pea-er, our humble representation ... MR. DAA;DE. And, secondl , wh don=t we include the vice,#overnor, the vice,ma orsE MR. @AN 17AN. Because the are members of the @an##unians, Mr. @pea-er. The are covered b the provision on members of san##unian. %Record of Proceedin#s, 6ebruar +3, &45:, p. 4+, Rollo' Thus, when respondent reassumed the position of vice,#overnor after the Batas Pambansa elections, he was actin# within the law. .is succession to the #overnorship was e(uall le#al and valid, the same bein# in accordance with @ection +3:%+' %a' of the same Cocal >overnment Code, which reads as follows$ @ECT;0N +3:. Powers, Duties and Privile#es$ &' ) ) ) +' .e shall$ a' Assume the office of the #overnor for the une)pired term of the latter in the cases provided for in @ection :5, para#raph & 6

of this Code*

F.ERE60RE, the instant petition is hereb dismissed. No costs. @0 0RDERED. Teehankee, Makasiar, Aquino, Concepcion Jr., Melencio-Herrera, Plana, Relova, Gutierrez, Jr., De la uente, Cuevas an! Ala"pa#, JJ., concur. ernan!o, C.J., an! A$a! %antos, J., took no part.

oo&'o&() oo&'o&() & E)h. B9B, Resp., p. 54, Rollo. + E)h. B5B, Resp., p. 43, Rollo. 2 @ec. &, Art. G;;;, &492 Constitution. : :+ Am. 1ur. 4+8. < @ec. +3:. Powers, Duties and Privile#es$

&' The vice,#overnor shall be an e),officio member of the @an##unian# Panlalawi#an with all the ri#hts, duties and privile#es of an member thereof* @ection +3<. Composition$ &' ))) +' The @an##unian# Panlalawi#an shall be composed of the #overnor, vice,#overnor, elective members of said san##unians, and the president of the Hatipunan# Panlalawi#an, etc. ... 8 @ection :5, par. &, BP Bl#. 229 reads$ @ec. :5. Permanent Aacanc in the 0ffice of the >overnor, Cit or Municipal Ma or I %&' ;n case a permanent vacanc arises when a #overnor, cit or municipal ma or refuses to assume office, fails to (ualif * dies, or is removed from office, voluntaril resi#ns or is otherwise permanentl incapacitated to dischar#e the functions of his office, the vice,#overnor, cit or municipal vice,ma or, as the case ma be, shall assume the office for the une)pired term of the former.