Adaza v. Pacana
REITERATIONFacts
1. The Antecedents: Petitioner Homobono A. Adaza was elected Governor of Misamis Oriental in January 1980, assuming office in March 1980 for a term ending March 1986. Respondent Fernando Pacana, Jr. was elected Vice-Governor in the same election, also assuming office in March 1980. In the May 1984 Batasan Pambansa elections, Adaza was elected as a Mambabatas Pambansa (MP), while Pacana ran but lost. Following Adaza's election to the Batasan, Pacana assumed the office of Governor on July 25, 1984, claiming lawful occupancy. 2. Procedural History: Following respondent Pacana's assumption of the governorship, petitioner Adaza initiated this case by filing a petition for prohibition with a prayer for a writ of preliminary injunction and/or restraining order. Adaza sought to exclude Pacana from the office of Governor, asserting his own continued right to hold the position until the end of his term. The case proceeded to the Supreme Court for resolution of the conflicting claims to the gubernatorial office. 3. The Petition: Petitioner Adaza, through this petition for prohibition, argues that as the duly elected Governor, he can simultaneously hold his provincial office and his newly acquired position as a Mambabatas Pambansa, citing parliamentary systems in other countries. He further contends that respondent Pacana should be considered to have abandoned or resigned his vice-governorship by running for the Batasan Pambansa, and that Pacana's subsequent loss in that election disqualified him from continuing as vice-governor or succeeding to the governorship. The core of Adaza's petition is to prevent Pacana from exercising the functions of Governor.
Issue(s)
Whether a provincial governor elected as a Mambabatas Pambansa can exercise and discharge the functions of both offices simultaneously. Whether a vice-governor who ran for and lost in the Batasan Pambansa elections can continue serving as vice-governor and subsequently succeed to the office of governor.
Ruling
The petition is dismissed. Respondent Fernando Pacana, Jr. is the lawful occupant of the Governor's office.
Ratio Decidendi
On Issue 1: The Court held that a provincial governor elected as a Mambabatas Pambansa cannot exercise and discharge the functions of both offices simultaneously. This is due to the clear and unambiguous prohibition in Section 10, Article VIII of the 1973 Constitution, which states that a Member of the National Assembly (now Batasan Pambansa) shall not hold any other office or employment in the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations, during their tenure. The only exceptions are the offices of Prime Minister or Member of the Cabinet. The Court emphasized that the language of the constitutional provision is plain and certain, and its wisdom is not subject to judicial review. Therefore, petitioner Adaza's act of taking his oath as a Mambabatas Pambansa and discharging its functions operated to vacate his former post as provincial governor, and he could no longer continue to occupy or discharge its functions. On Issue 2: The Court ruled that respondent Fernando Pacana, Jr. could legally continue serving as Vice-Governor and subsequently succeed to the office of Governor. The Court clarified that the discussion during the Batasan Pambansa proceedings indicated that local officials, including vice-governors who are members of the Sanggunian Panlalawigan, were intended to be covered by the prohibition against holding other offices. However, the specific context of respondent Pacana's situation was that he ran for the Batasan Pambansa and lost. Upon losing, he reverted to his previous status as Vice-Governor. The Court found his succession to the governorship to be legal and valid, in accordance with Section 204(a) of the Local Government Code, which allows a Vice-Governor to assume the office of Governor for the unexpired term in cases provided for in Section 48, paragraph 1 of the same Code. The Court found no abandonment or resignation from his Vice-Governor position simply by filing a certificate of candidacy, especially since he did not win the Batasan Pambansa seat.
Main Doctrine
The 1973 Constitution, specifically Article VIII, Section 10, unequivocally prohibits a Member of the Batasan Pambansa from holding any other office or employment in the government or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations, during their tenure. The only exceptions are the positions of Prime Minister or Member of the Cabinet. This constitutional mandate creates an incompatibility between the office of a Member of the Batasan Pambansa and any other government position, regardless of whether such incompatibility would exist under common law principles.