Dimaporo V.

Mitra

FACTS: Petitioner Dimaporo was elected Representative for the Second Legislative
District of Lanao del Sur during the 1987 congressional elections. Petitioner filed
with the COMELEC a Certificate of Candidacy for the position of Regional Governor
of the ARMM immediately following elections. Upon being informed of this
development by the COMELEC, respondents Speaker and Secretary of the House of
Representatives excluded petitioner's name from the Roll of Members of the House
of Representatives pursuant to Section 67, Article IX of the Omnibus Election Code.
Having lost in the autonomous region elections, petitioner, requests to
resume his tenure in congress. Sighting that Sec. 67 of Art 9 of B.P. is not applicable
under current constitution.
In support of his contention, petitioner points out that filing a certificate of
candidacy is not equivalent to holding another office or employment.

ISSUE: W/N petitioner can still be considered as a member of Congress even after
he has filed for another government position

RULING: No. The officials running for office other than the ones they are holding will
be considered resigned not because of abuse of facilities of power or the use of
office facilities but primarily because under the constitution accountability of public
officers to their tenure is absolute. In this section it is defined that tenure can only
be ended by death or removal, and since petitioner subscribed to neither his
petition bears no merit. He voluntarily ended his term and effectively cut his tenure
in office by applying for a different position.