DIMAPURO vs MITRA- Mohammad Ali Dimaporo vs Hon. Ramon V. Mitra Jr.

Date: Oct. 15, 1991Ponente: Davide, Jr. Nature of the Case: Petition to review the decision of the Speaker and the House of Rep.

Facts- petitioner Mohamad Ali Dimaporo was congressman of the 2nd Legislative District of Lanao del Sur since January 1987- Jan. 15, 1990: Dimaporo filed at the COMELEC a Certificate of Candidacy for the position of Regional Governor of ARMM. ARMM election scheduled for Feb. 17, 1990- Upon being informed of this by the COMELEC, respondents Speaker (Mitra) and Secretary (Hon. Camilo Sabio) of the House of Rep. excluded Dimaporo’s name from the Roll of Members of the House of Rep., citing Section 67, Article IX of the Omnibus Election Code (see table below)-After being dropped from the roll, Dimaporo didn’t take part in Congress proceedings, wasn’t paid emoluments, staff was dismissed, office occupied by others, no duties nor rights nor privileges -Dimaporo lost in the ARMM elections, wrote to the Speaker of his intention “to resume performing my duties and functions as member of Congress”

Issues-whether or not the respondent speaker and/or respondent secretary, ‘by administrative act’, exclude the petitioner from the rolls of the House of Representatives, thereby preventing him from exercising his functions as congressman, and depriving him of his rights and privileges as such

Ruling-Denied the petition

Reasoning1) Article XI, Section 2: “the President, Vice President, Members of the Supreme Court, Members of ConComms, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption and other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.”*Thus, the 4 grounds in Article VI which shortens the tenure of Congressman are not exclusive

2) “Voluntary renunciation” of office under Article VI Section 7 of the constitution is broad enough to cover Section 67 of Article IX of BP 881. This intention was shown in the transcripts of ConComm conversations (see p. 793)Ex: Mr.Maambong: Is the Committee saying that the term ‘voluntary renunciation’ is more general than abandonment and resignation? Mr. Davide: It is more general, more embracing

3) Presumption in favor of constitutionality of legislative enactment “to justify the nullification of a law, there must be a clear breach of the Constitution, not a doubtful and argumentative implication. A doubt, even if well-founded, does not suffice”

4) Respondents has the ministerial duty to carry out the legal effect of BP 881.

Supplementary reasoning:-“term” not similar to “tenure.” Term may not be shortened nor lengthened, but tenure (period during which an officer actually holds office) may be affected by other circumstances. Tenure may be shorter than the term, but the term remains and the remainder of it may be served by a successor

-a public office is a public trust. Official must be accountable to serving the mandate for which the people elected him. If he files for candidacy for another position during his term, it means he has no intention of completing his mandate, and is thus considered resigned

Voting-7 concur, 3 dissenting, 1 inhibited (rel. to one of the parties), 1 on leave,

Extra: Arguments of both partiesDimaporo Mitra Jr.

-Section 67, Article IX not operative under the present (1987) constitution. Such ground for shortening a term was not explicitly stated in the constitution (see 4 grounds below)

1987 constitution-Section 2, Article XVIII: ”The senators, members of the House of Rep. and local officials first elected under this constitution shall serve until noon of June 30, 1992.”-Section 7, Article VI: “The members of the House of Rep. shall be elected for a term of 3 years which shall begin, unless otherwise provided by law, at noon on the 30th day of June next following their election.”

-Grounds for shortening a term:a) Section 13, Art. VI: holding any other office or employment in the gov’t or any subdivision…including GOCCsb) Section 16 (3): expulsion as disciplinary action for disorderly behaviorc)Section 17: disqualification by resolution of the Electoral Tribunal in an election contest

Section 67, Article IX, B.P Blg. 881previously Cabinet Bill # 2

-“Any elective official, whether national or local running for office other than the one which he is holding in a permanent capacity except for President and Vice President shall be consideredipso facto (by the fact itself) resigned from his office upon the filing of the certificate of candidacy.”*ipso facto: by the mere act, so the act itself of filing automatically removes him from his current position

Voluntary renunciation of office in Section 7, Article VI of the Constitution—voluntary resignation falls under it

Transcripts of proponents of Cabinet Bill # 2:Mr. Garcia: the significance of this new provision is in exacting accountability from public officials. They should honor the mandate given to them by the people by serving their entire term.

d)Section 7, par 2: voluntary renunciation of office

-Speaker’s administrative act of dropping him from the roll is an act without authority

-questioned administrative act is a mere ministerial act which does not involve any encroachment on judicial powers