ADAZA VS PACANA

FACTS: Homobono Adaza and Fernando Pacana were elected as Governor and Vice-Governor respectively. They both filed their certificate of candidacy during the Batasang Pambansa elections. Adaza won while Pacana lost. Adaza took oath of office as a member of Batasang Pambansa and Pacana took oath as the Governor of Misamis Oriental. Both started to perform their duties of the office they were elected. Adaza petitioned that he be the Governor and exclude the respondent therefrom because of the following reasons: 1. Petitioner was elected as Governor for a term of six years and remains as governor until expiration. 2. Pacana should be considered to have abandoned or resigned as vice governor when he ran for the Batasang Pambansa ISSUES: 1. Whether or not Adaza can simultaneously be a member of the BP and the governor. 2. Whether or not Pacana can still be the vice governor and can succeed as the governor. HELD: Petition is dismissed. 1. Under the constitution, section 10 article 8, it is prohibited to be a member of the BP and a governor at the same time. Section 10 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 2. Pacana can lawfully assume the office of governorship as provided by BP 697 Section 13. Governors, mayors, members of the various sangguniang or barangay officials shall, upon filing a certificate of candidacy, be considered on forced leave of absence from office.