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    Pamil v. Teleron

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    Ron Jacob Almaiz
    The petitioner filed a quo warranto case against Fr. Margarito Gonzaga, a priest who was elected mayor of Albuquerque, Bohol. The petitioner claimed Gonzaga's election violated the Revised Administrative Code which prohibits ecclesiastics from holding municipal office. The Court of First Instance ruled the Code was repealed by the 1971 Election Code. The Supreme Court's decision was not decisive, failing to get the required majority. It ruled the Revised Administrative Code still stands and Gonzaga must vacate the mayoral post as priests cannot serve both the Church and state. In dissent, Justice Teehankee argued the 1971 Election Code impliedly allowed ecclesiastics to run as it did not expressly disqualify

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    Pamil v. Teleron

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    Ron Jacob Almaiz
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    The petitioner filed a quo warranto case against Fr. Margarito Gonzaga, a priest who was elected mayor of Albuquerque, Bohol. The petitioner claimed Gonzaga's election violated the Revised Administrative Code which prohibits ecclesiastics from holding municipal office. The Court of First Instance ruled the Code was repealed by the 1971 Election Code. The Supreme Court's decision was not decisive, failing to get the required majority. It ruled the Revised Administrative Code still stands and Gonzaga must vacate the mayoral post as priests cannot serve both the Church and state. In dissent, Justice Teehankee argued the 1971 Election Code impliedly allowed ecclesiastics to run as it did not expressly disqualify

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    The petitioner filed a quo warranto case against Fr. Margarito Gonzaga, a priest who was elected mayor of Albuquerque, Bohol. The petitioner claimed Gonzaga's election violated the Revised Administrative Code which prohibits ecclesiastics from holding municipal office. The Court of First Instance ruled the Code was repealed by the 1971 Election Code. The Supreme Court's decision was not decisive, failing to get the required majority. It ruled the Revised Administrative Code still stands and Gonzaga must vacate the mayoral post as priests cannot serve both the Church and state. In dissent, Justice Teehankee argued the 1971 Election Code impliedly allowed ecclesiastics to run as it did not expressly disqualify

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    Download as docx, pdf, or txt
    54 views2 pages

    Pamil v. Teleron

    Uploaded by

    Ron Jacob Almaiz
    The petitioner filed a quo warranto case against Fr. Margarito Gonzaga, a priest who was elected mayor of Albuquerque, Bohol. The petitioner claimed Gonzaga's election violated the Revised Administrative Code which prohibits ecclesiastics from holding municipal office. The Court of First Instance ruled the Code was repealed by the 1971 Election Code. The Supreme Court's decision was not decisive, failing to get the required majority. It ruled the Revised Administrative Code still stands and Gonzaga must vacate the mayoral post as priests cannot serve both the Church and state. In dissent, Justice Teehankee argued the 1971 Election Code impliedly allowed ecclesiastics to run as it did not expressly disqualify

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    Download as docx, pdf, or txt
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    Case Digest: Pamil v.

     Teleron
    OCTOBER 13, 2017 RAMBLINGAPPREHENSIONS
    Facts:

    Petitioner/apellant is the rival candidate of Fr. Margarito Gonzaga, a priest


    who won asp the mayor in Albuquerque, Bohol, who filed a quo waranto case
    against the latter. This is as per the 2175 Revised Administrative Code (RAC)
    that states: “In no case there shall be elected/appointed to a municipal office
    ecclesiastes, soldiers in active service, persons receiving salaries or
    compensation from provincial/national funds, or contractors for public works
    of the municipality.” 
    Respondent-appellee is the judge of the Court of First Instance of Bohol.
    Court of First Instance ruled that the RAC was repealed by the Election Code
    of 1971, which therefore allowed the prohibitions of the RAC.

    Issue:

    Whether or not the RAC is not in effect or already repealed, thereby making
    the appointment of Fr. Gonzaga in mayor’s position as a priest,
    constitutional.

    Held:

    Decision is indecisive, the said law, in the deliberations of the court, failed to
    obtain the majority vote of eight (8) which is needed in order for this law to
    be binding upon the parties in this case. For this, the petition must be
    granted and the decision of the lower court reversed and set aside. Fr.
    Gonzaga is hereby ordered to vacate the mayoralty position. It is also
    pointed out that how can one who swore to serve the Church’s interest
    above all be in duty to enforce state policies which at times may conflict with
    church tenets. This is in violation of the separation of the church and state.
    The Revised Administrative Code still stands because there is no implied
    repeal.

    Dissenting Opinion:

    J. Teehankee – The Comelec ruled that soldiers in active service and persons
    receiving salaries or compensation from provincial or national funds “are
    obviously now allowed to run for a public elective office because under Sec.
    23 of the Election Code of 1971 ‘every person holding a public appointive
    office or position, including active members of the Armed Forces’ shall ipso
    facto cease in their office or position on the date they file their certificates of
    candidacy. This implies that they are no longer disqualified from running for
    an elective office.” The Comelec further ruled that as to the two remaining
    categories formerly banned under the Revised Administrative Code,
    “ecclesiastics and contractors for public works of the municipality are
    allowed to run for municipal elective offices under the maxim, ‘Inclusio unius
    est exclusio alterius’, they being not included in the enumeration of persons
    ineligible under the New Election Code. The rule is that all persons
    possessing the necessary qualifications, except those expressly disqualified
    by the election code, are eligible to run for public office.

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