Adaza vs. Pacana

The Court held that a member of the Batasang Pambansa is constitutionally barred from simultaneously holding any other government office, including that of a provincial governor, and that the taking of the oath and discharge of duties as a legislator operates to vacate the prior local office. The Court further held that a vice-governor who files a certificate of candidacy for the Batasang Pambansa is considered on forced leave of absence, not resigned, and is entitled to reassume his post and succeed to the office of governor upon its permanent vacancy.

Petitioner Homobono Adaza and respondent Fernando Pacana, Jr. were elected Governor and Vice-Governor of Misamis Oriental, respectively, in the 1980 local elections for terms ending March 3, 1986. Both filed certificates of candidacy for the May 14, 1984 Batasang Pambansa elections. Petitioner won a seat in the Batasan, while respondent lost. Petitioner took his oath and began serving as Mambabatas Pambansa. Thereafter, respondent took his oath as Governor, claiming the office had been vacated by petitioner's election to the national legislature.

• Petitioner Homobono Adaza was elected Governor of Misamis Oriental in the January 30, 1980 elections and assumed office on March 3, 1980.
• Respondent Fernando Pacana, Jr. was elected Vice-Governor in the same election and also assumed office on March 3, 1980.
• Their terms were set to expire on March 3, 1986.
• On March 27, 1984, respondent filed his certificate of candidacy for the May 14, 1984 Batasang Pambansa elections.
• On April 27, 1984, petitioner filed his certificate of candidacy for the same elections.
• Petitioner won a seat in the Batasang Pambansa; respondent lost.
• On July 19, 1984, petitioner took his oath of office as Mambabatas Pambansa and thereafter discharged the functions of that office.
• On July 23, 1984, respondent took his oath of office as Governor of Misamis Oriental before President Ferdinand E. Marcos and began performing the duties of governor on July 25, 1984.

• Petitioner argued that he was elected Governor for a six-year term and remained the lawful governor until March 3, 1986, notwithstanding his election to the Batasang Pambansa.
• Petitioner contended that within a parliamentary system, a local elective official could simultaneously hold a seat in the national legislature.
• Petitioner argued that respondent, by filing a certificate of candidacy for the Batasang Pambansa, had abandoned or resigned from the vice-governorship and thus reverted to a private citizen, disqualifying him from assuming the governorship.

• Respondent countered that petitioner's assumption of office as Mambabatas Pambansa vacated the gubernatorial office by operation of the Constitution.
• Respondent argued that his filing of a certificate of candidacy placed him on forced leave of absence, not resignation, under Batas Pambansa Blg. 697.
• Respondent maintained that upon reassuming the vice-governorship after the elections, he validly succeeded to the vacant governorship pursuant to the Local Government Code.

• Procedural Issues: N/A
• Substantive Issues:
  • Whether a provincial governor who is elected and qualifies as a Member of the Batasang Pambansa may simultaneously exercise the functions of both offices.
  • Whether a vice-governor who runs for the Batasang Pambansa but loses may continue serving as vice-governor and subsequently succeed to the office of governor if it is vacated.

• Procedural: N/A
• Substantive:
  • The Court ruled that Section 10, Article VIII of the 1973 Constitution is clear and unambiguous: a member of the Batasan Pambansa shall not hold any other government office during his tenure, except as Prime Minister or member of the cabinet. Because petitioner had taken his oath and discharged his duties as Mambabatas Pambansa, he thereby vacated his prior office as governor.
  • The Court ruled that respondent's filing of a certificate of candidacy did not constitute abandonment or resignation from the vice-governorship. Pursuant to Section 13(2) of Batas Pambansa Blg. 697, local officials, including vice-governors as members of the Sangguniang Panlalawigan, are considered on forced leave of absence upon filing such candidacy. After the elections, respondent lawfully reassumed his post and validly succeeded to the governorship under Section 204(2)(a) of the Local Government Code (Batas Pambansa Blg. 337).

• Constitutional Prohibition Against Dual Office Holding — The 1973 Constitution expressly prohibits a member of the national legislature (Batasang Pambansa) from holding any other government office or employment during his tenure, with limited specified exceptions. The Court applied this as a mandatory, self-executing rule that automatically vacates the prior office upon the legislator's assumption of duties.
• Forced Leave of Absence for Candidacy — Under Batas Pambansa Blg. 697, specified local officials who file certificates of candidacy for the Batasang Pambansa are not deemed to have resigned but are placed on forced leave of absence. The Court applied this statute to reject petitioner's claim of abandonment by respondent.

• "The language used in the above-cited section is plain, certain and free from ambiguity. The only exceptions mentioned therein are the offices of prime minister and cabinet member." — The Court emphasized the strict, literal application of the constitutional prohibition against dual office holding.
• "While it may be said that within the purely parliamentary system of government no incompatibility exists in the nature of the two offices under consideration... the incompatibility herein present is one created by no less than the constitution itself." — The Court distinguished common-law incompatibility from the absolute constitutional bar.

• Section 10, Article VIII, 1973 Constitution — Prohibits a member of the National Assembly (Batasang Pambansa) from holding any other government office during tenure, except as Prime Minister or cabinet member.
• Section 1, Article XIII, 1973 Constitution — Declares that a public office is a public trust.
• Batas Pambansa Blg. 697, Section 13(2) — Provides that governors, mayors, and members of various sanggunians shall be considered on forced leave of absence upon filing a certificate of candidacy for the Batasang Pambansa.
• Batas Pambansa Blg. 337 (Local Government Code), Sections 204, 205 — Establishes the vice-governor as an ex-officio member of the Sangguniang Panlalawigan and governs succession to the office of governor.
• Batas Pambansa Blg. 337, Section 48(1) — Provides that in case of a permanent vacancy in the office of governor, the vice-governor shall assume the office for the unexpired term.