_digested adaza v pacana
TRANSCRIPT
Consti I
Adaza v Pacana, G.R. No. 68159, March 18, 1985
Facts:
Petitioner Homobono Adaza was elected Governor of Misamis Oriental during the 1980 elections. His Vice-Governor, herein respondent Fernando Pacana, Jr., was likewise qualified and assumed officed during their oath on March 3, 1980. Under the law, their respective terms of office would expire on March 3, 1986.
Pacana and Adaza filed their certificates of candidacy for the May 14, 1984 Batasan Pambansa elections on March 27, 1984 and April 27, 1984 respectively. Petitioner won and took his oath as Mambabatas Pambansa on July 19, 9184 and respondent likewise took over the vacancy as Governor and took his oath of office on July 25, 1984.
Petitioner contends Pacana’s unlawful occupancy of the Governor’s office, hence this petition for prohibition with a writ of parliamentary injunction and/or restraining order was filed before the Supreme Court.
Issue:
Whether or not petitioner Homobono Adaza can exercise and discharge his functions as Mambatas Pambansa and Provincial Governor simultaneously.
Ruling:
No. Under Section 10, Article VIII of the 1973 Constitution, 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 his tenure, except that of prime minister or member of the cabinet. Petitioner Adaza, being a public officer is subject to the regulations and conditions as the law may impose and cannot complain of any restrictions which public policy may dictate on his holding of more than one office.
Upon taking his oath of office as an elected Mambabatas Pambansa, petitioner subsequently operated to vacate his former post and he can no longer continue to occupy the same, nor attempt to discharge its functions which makes respondent to reassume the position of Vice-Governor and later on take oath of office as Governor for the unexpired term in lawful accordance with the Local Government Code.