Adaza v. Pacana, Jr.

G.R. No. L-68159, March 18, 1985

Fact:
Governor Adaza and Vice Governor Pacana Jr. both ran for the Position of Mambabatas Pambansa, the
latter won the election while the former lost in the said election.

Governor Adaza, took his oath as Mambabatas Pambansa and since then he discharged the functions of
the said office while Vice Governor Pacana, took his oath as the Governor of the said province and perform
the duties of a Governor.

Adaza file a petition against Pacana, claiming that since he was elected for six years in the said Office, he
should remain to be as a Governor until his term expires as provided by law and in the context of
Parliamentary System in France and Great Britain, the local elective official can hold the position to which
he had been elected and simultaneously be an elected member of a parliament.

The petitioner further contends that since the respondent file a candidacy for Mambabatas Pambansa, he
abandoned or resigned from his position as Vice Governor, thus, is also not entitle to assume the position
for Governor.

Issue/s:
1. Whether or not, a Provincial Governor who was elected and qualified as Mambabatas Pambansa
can exercise and discharge the functions of both offices simultaneously.
2. Whether or not a Vice Governor who ran for a position of Mambabatas Pambansa, but lost, can
continue serving as Vice Governor and subsequently succeed to the office of Governor if the said
office is vacated.
Held:
1. No. The court held that it is clearly stated in Section 10, Article VIII of the 1973 Constitution 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 his tenure, except that of prime minister or
member of the cabinet…” In the instate case at bar, there is no question that the petitioner has
taken his oath of office as an elected Mambabatas Pambansa and has been discharging his duties
as such. In the light of the oft-mentioned constitutional provision, this fact operated to vacate his
former post and he cannot now continue to occupy the same, nor attempt to discharge its
functions.
2. Yes. The court held that, in accordance to Section 13(2) of Batas Pambansa Blg 697, governors,
mayors, members of various Sangguniang or barangay officials shall, upon filing a certificate of
candidacy be considered on forced leave of absence from office. Thus, the respondent falls under
this provision as the Vice Governor is also a member of Sanggunian.