Case Digest: Adaza vs Pacana, 135 SCRA 431 (1985)

FACTS:  Adaza is the governor of Misamis Oriental and Pacana is the vice-governor. Their respective term of office expires on March 3, 1986. Both parties ran in the Batasang Pambansa (BP) elections in 1984 and respondent lost to petitioner. On July 23, 1984, Pacana took his oath of office as the governor. Adaza has brought this petition to exclude Pacana therefrom, claiming to be the lawful occupant of the position. 

ISSUE:  Whether or not Adaza can serve as a member of the Batasan and as a governor of the province simultaneously. 

DECISION:  Dismissed. 

RATIO DECIDENDI:  Section 10, Article VIII of the Constitution is clear and unambiguous. A member of the BP may not hold any other office in the government. A public office is a public trust. A holder thereof is subject to regulations and conditions as the law may impose and he cannot complain of any restrictions on his holding of more than one office. The contention that Pacana, as a mere private citizen, runs afoul of BP Blg. 697 which provides that governors, or members of Sanggunian or barangay officials, upon filing a certificate of candidacy be considered on forced leave of absence from office. When respondent reassumed the position of vice-governor after the BP elections, he was acting within the law. Thus, the instant petition is denied.