Dimaporo Vs Mitra Jr

DIMAPORO VS MITRA JR. (202 SCRA 779)
FACTS:
Petitioner Mohamad Ali Dimaporo was elected as a representative for the second legislative district of Lanao del Sur during the 1987 congressional elections.
On January 15, 1990, Dimaporo filed a certificate of candidacy or COC for the position of Governor of ARMM. Secretary and Speaker of the House of Representative were informed about Dimaporo’s filing and excluded his name from the Roll of Members of HR Under Art IX of Sec 67 of the Omnibus Election Code.
Dimaporo lost in the election wrote a letter intending to resume performing his duties and functions as an elected member of the Congress. Unfortunately, he was not able to regain his seat in the Congress. Thus, petitioner filed this petition praying that the decision of the Speaker and Secretary of the House of Reps be reviewed.

ISSUES:
1.) Whether Section 67, Article 9, of BP Blg. 881 is operative under the present Constitution?
2.) Whether the respondent Speaker and/or Secretary CAN exclude the petitioner from the rolls of the House of Reps, thereby preventing him from exercising his functions as congressman, and depriving him of his rights and privileges as such?
HELD:
1.) Yes. Sec. 67, Art. 9 of BP Blg 881 is still operative under the present Constitution.

Its constitutional basis remains written in the 1987 Constitution that once an elective official files a certificate of candidacy for another office, he is deemed to have voluntarily cut short his tenure.

Thus, even when the provisions concerning the shortening of the terms of congressmen were omitted in the 1987 Constitution, the said issue is still covered by Article 6 of the 1987 Constitution.

2.) Petitioner’s filing of COC is an act of resignation and he is presumed to be aware of the existing laws.

The Speaker and/or Secretary of HR are/is authorized to exclude the petitioner from the Roll of Members. The mere act of filing the COC for another office produces automatically the permanent forfeiture of the elective position being presently held.

It is not necessary that the other position be actually held since the said filing is an act of voluntary resignation.

Art. 9 Sec. 67. BP Blg. 881 Candidates holding elective office. — Any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.