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Adaza Vs Pacana

(1) Petitioner Homobono A. Adaza and respondent Fernando Pacana, Jr. were elected governor and vice-governor respectively of Misamis Oriental province, with their terms set to expire in March 1986. However, both later filed and ran for seats in the Batasan Pambansa elections in May 1984. Adaza won and took oath as a Mambabatas Pambansa, while Pacana lost. Adaza then petitioned to exclude Pacana from assuming the governor position. (2) The Supreme Court ruled that under the 1973 Constitution, a Mambabatas Pambansa cannot hold any other government office or employment. Therefore, Adaza could not continue

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209 views1 page

Adaza Vs Pacana

(1) Petitioner Homobono A. Adaza and respondent Fernando Pacana, Jr. were elected governor and vice-governor respectively of Misamis Oriental province, with their terms set to expire in March 1986. However, both later filed and ran for seats in the Batasan Pambansa elections in May 1984. Adaza won and took oath as a Mambabatas Pambansa, while Pacana lost. Adaza then petitioned to exclude Pacana from assuming the governor position. (2) The Supreme Court ruled that under the 1973 Constitution, a Mambabatas Pambansa cannot hold any other government office or employment. Therefore, Adaza could not continue

Uploaded by

John Gabriel Ortiz
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© © All Rights Reserved
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G.R. No. L-68159 March 18.

1985
Homobono A. Adaza
Vs
Fernando Pacana, Jr.

Escolin, J.
Facts:
Petitioner was elected as governor of Misamis Oriental together with Fernando Pacana,
respondent, as Vice-governor. Under the law, both of their term will expire on March 3, 1986.
Respondent and petitioner filed their candidacy for May 14, 1984 Batasan Pambansa elections.
In ensuing the elections, petitioner won by placing first among the candidates, while respondent
lost. Petitioner took oath of office of Mambabatas Pambansa while the respondent took oath of
office of governor.
Petitioner brought a petition to exclude the respondent from the office of the governor.
He argues that was elected to said office for terms of six years, that he remains governor until
March 3, 1986 as provided by law. Also, the petitioner is now a mere private citizen because
when he filed for the candidacy he should be considered resigned or abandoned from the
vicegovernorship as stated in the Batas Pambasa Blg. 697.

Issue:
(1) Whether or not the Mambabatas Pambasa (Former National Assembly) can hold more than
one government office or employment.
(2) Whether or not the respondent must assumed the governor position.

Ruling:
(1) No. It is clear in the 1973 Constitution Article VIII Section 10 that member of National
Assembly shall not hold any other office or employment in the government. The language used
is plain, certain, and free from ambiguity. Therefore, as the petitioner take his oath as Mambatas
Pambansa, he cannot now continue to occupy the former position.

(2) Yes. As stated in the Local Government Code, that the vice governor shall assume the office
of the governor for the unexpired term of the latter. Batas Pambasa Blg. 697 does not include
vice-governor to the list of government officials must be in forced leave of absence when they
file their candidacy. Thus, the respondent must assume the office of the governor in the absence
of the petitioner.
Wherefore, the instant petition is hereby dismissed.

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