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Nicanor V. Salaysay vs.

Castro (Executive Secretary)

G.R. No. L-9669, January 31, 1956
Montemayor, J:

FACTS: Engracio Santos was the duly elected Mayor of San Juan Del Monte, Rizal while the
Petitioner was the duly elected Vice Mayor. Sometime in September 1955, Mayor Santos was
suspended from his office due to administrative charges and so petitioner acted as Mayor pursuant to
the provisions of the law. Subsequently, he filed his candidacy as Mayor of the said town.

Pursuant to Section 27 of the revised election code, wherein the petitioner is considered as resigned as
Vice Mayor, the moment he filed his candidacy as mayor since he was running for an office other than
his elected post, it follows also that he had no longer has the authority to continue as acting Mayor. The
office of the President then designated Braulio Sto. Domingo as the acting Vice Mayor. The petitioner
was advised by the herein respondents, the Provincial Governor and Executive Secretary Castro to turn
over the office of the Mayor to Sto. Domingo in view of his designation, otherwise he might be
prosecuted for violation of Article 237 of the RPC for prolonging performance of duties. The petitioner
contends that Section 27 of the revised election code does not apply to him because the moment he
filed his candidacy for Mayor, he was actually holding the position. The respondents, however, averred
that the petitioner was not holding the position but merely discharging the duties thereof and merely
acting as mayor due to the temporary absence of Mayor Santos.

Issue: Whether the petitioner was considered resigned when he filed his certificate of candidacy for

Held: Yes. The petitioner was considered resigned, the moment he filed his certificate of candidacy.
The court resorted to statutory construction in order to ascertain the legislative intent behind the law.
The court referred the prior law which was the Sec. 2 of Commonwealth Act 666 before the enactment
of Section 27 of the revised election code. Under Sec. 2 of Commonwealth act it provides Any elective
provincial, municipal or city official running for an office other than the one for which he has been
lastly elected, shall be considered resigned from his office from the moment of the filing of his
certificate of candidacy. This particular section was amended by substituting the phrase which he is
actually holding, for the phrase for which he has been lastly elected now found in the Section 27 of
the Revised election code during the time of President Osmena since he wanted to put his own men in
the Local elective positions. From that standpoint, the court held that the petitioner is not holding such
position of the mayor but merely as mayor only in a temporary, provisional capacity and may end up
anytime when the incumbent mayor resume his duties. It would have been different if the petitioner
succeeded the vacancy of mayor by way of removal, resignation, death or cessation of the incumbent
because such is considered in the contemplation of the law as actually holding the office of the Mayor,
in that case he can invoke Section 27 of the Revised Election code.