SECTION 7

DIMAPORO VS. MITRA (G.R. NO. 96859, OCTOBER 15, 1991)

FACTS:

Mohamad Ali Dimaporo was elected representative for the second legislative district of Lanao Del
Sur during 1987 congressional election. Took his oath on Jan. 9, 1987. On Jan. 15, 1990, the
petitioner filed with the commission on election a certificate of candidacy for regional governor of
the autonomous region in Muslim Mindanao. Having lost in the autonomous region election,
petitioner in a letter dated June 28, 1990 addressed to the respondent speaker his intention ‘’to
resume performing his duties and function as elected member of congress’’

ISSUE: WON Dimaporo can resume office in congress after losing the election for Regional Governor
of Muslim Mindanao.

HELD: The petition is dismiss for lack of merit. The petition failed to discern that rather than cut
short the term of office of elective public officials seeks to ensure such officials serve out their entire
term of office thereby cutting short their tenure by making it clear that should they fail in their
candidacy, they cannot go back to their former position.

Section 67, Art. IX of B.P. BLG. 881 reads: ‘’ Any elective official whether national or local
running for ay office than the one which he is holding in a permanent capacity except for president
and vice-persident shall be considered ipso facto resigned from his office upon the filling of his
certificate of candidacy.