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.