Legally Yours,  Political Law

Adaza v. Pacana

Constitutional Law. Political Law.
Adaza v. Pacana
135 SCRA 431

FACTS:
Adaza is the governor of Misamis Oriental and Pacana is the vice-governor. Their respective term of office expires on March 3, 1986. Both parties ran in the Batasang Pambansa (BP) elections in 1984 and respondent lost to petitioner. On July 23, 1984, Pacana took his oath of office as the governor. Petitioner has brought this petition to exclude respondent therefrom, claiming to be the lawful occupant of the position.

ISSUE:
1) Whether or not a provincial governor who was elected as Mababatas Pambansa (MP) can exercise the functions of both simultaneously; and 2) whether or not a vice-governor who ran for the position of MP but lost, can continue serving as vice governor and subsequently succeed to the office of governor if said office is vacated.

HELD:
Section 10, Article VIII of the Constitution is clear and unambiguous. A member of the BP may not hold any other office in the government. A public office is a public trust. A holder thereof is subject to regulations and conditions as the law may impose and he cannot complain of any restrictions on his holding of more than one office. The contention that Pacana, as a mere private citizen, runs afoul of BP Blg. 697 which provides that governors, or members of Sanggunian or barangay officials, upon filing a certificate of candidacy be considered on forced leave of absence from office. When respondent reassumed the position of vice-governor after the BP elections, he was acting within the law. Thus, the instant petition is denied.

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