DIMAPORO VS. MITRA JR.

(202 SCRA 779)

FACTS: Petitioner Mohamad Ali Dimapatro was elected Representative for the Second
Legislative District of Lanao del Sur in 1987 and thereafter took his oath of office, performed the
duties and enjoyed the rights and privileges of being an elected Representative. On January 15,
1990, petitioner filed with the COMELEC a Certificate of Candidacy (COC) for the position of
Regional Governor of ARMM.
COMELEC informed the Speaker and Secretary of the House of Reps (respondents) of
Dimapatro’s filing. The respondents excluded the name of Dimapatro from the Roll of Members
of the House of Reps pursuant to Sec. 67, Article 9 of the Omnibus Election Code. He was then
excluded from all the proceedings of the House of Reps; was not paid the emoluments due his
office; his staff was dismissed and disbanded; his office suite was occupied by another.
Petitioner lost in the ARMM elections. He wrote a letter to respondent Speaker and expressed
that he intends to resume performing his duties and functions as elected Member of Congress.
He failed to regain his seat in Congress. Thus, petitioner filed this petition praying that the
decision of the Speaker and Secretary of the House of Reps be reviewed.

ISSUES:
1. Whether Section 67, Article 9, of BP Blg. 881 is operative under the present
Constitution?
2. Whether the respondent Speaker and/or Secretary CAN exclude the petitioner from the
rolls of the House of Reps, thereby preventing him from exercising his functions as
congressman, and depriving him of his rights and privileges as such?

HELD:
1. Yes. Sec. 67, Art. 9 of BP Blg 881 is still operative under the present Constitution, as the
voluntary act of resignation fall within the term “voluntary renunciation” of office enunciated
in Par. 2, Sec 7, Art 6 of the 1987 Constitution. Its constitutional basis remains written in the
1987 Constitution that once an elective official files a certificate of candidacy for another
office, he is deemed to have voluntarily cut short his tenure, not his term as expressed in Sec
7, Article 6 of the Constitution. Thus, even when the provisions concerning the shortening of
the terms of congressmen were omitted in the 1987 Constitution, the said issue is still
covered by Article 6 of the 1987 Constitution.
2. Petitoner’s filing of COC is an act of resignation and he is presumed to be aware of the
existing laws. The Speaker and/or Secretary of HR are/is authorized to exclude the petitioner
from the Roll of Members since they are the administrative heads who perform ministerial
functions including the removal of the petitioner’s name. The mere act of filing the COC for
another office produces automatically the permanent forfeiture of the elective position being
presently held and it is not necessary that the other position be actually held since the said
filing is an act of voluntary resignation.

DIMAPORO v. MITRA, JR. BP Blg. 881 – forfeiture or voluntary giving up of one’s tenure, due to the act
of filing of certificate of candidacy.
Term – legally mandated
Tenure – actual time
Forfeiture, expulsion, voluntary renunciation