PAMIL V.

TELERON
G.R. No. L-34854 November 20, 1978
Facts:
In 1971, Private respondent, Father Margarito R. Gonzaga, was elected and duly proclaimed as
mayor of Alburquerque, Bohol. Petitioner filed a suit for quo warranto, to disqualify respondent based on
Section 2175 of the Administrative Code provision: "In no case shall there be elected or appointed to a
municipal office ecclesiastics, soldiers in active service, persons receiving salaries or compensation from
provincial or national funds, or contractors for public works of the municipality."
The suit did not prosper, with the lower court held that the ineligibility was impliedly repealed by
the Election Code of 1971. The matter was then elevated to this Tribunal by petitioner. It is his contention
that there was no such implied repeal, that it is still in full force and effect. Thus was the specific question
raised.
Issue:
Whether or not an ecclesiastic was eligible to an elective municipal position.
Ruling :
The challenged Administrative Code provision, certainly insofar as it declares ineligible
ecclesiastics to any elective or appointive office, is, on its face, inconsistent with the religious freedom
guaranteed by the Constitution. To so exclude them is to impose a religious test. Here being an
ecclesiastic and therefore professing a religious faith suffices to disqualify for a public office. There is thus
an incompatibility between the Administrative Code provision relied upon by petitioner and an express
constitutional mandate.