Pamil v. Teleron Digest

Pamil v. Teleron

G.R. No. L-34854 November 20, 1978

Facts:

1. In 1971, Private respondent, Father Margarito R. Gonzaga, was elected and duly proclaimed as mayor of Alburquerque, Bohol.   Petitioner filed a suit for quo warranto, to disqualify respondent based on Section 2175 of the Administrative Code provision: "In no case shall there be elected or appointed to a municipal office ecclesiastics, soldiers in active service, persons receiving salaries or compensation from provincial or national funds, or contractors for public works of the municipality." 

2. The suit did not prosper, with the lower court held that the ineligibility was impliedly repealed by the Election Code of 1971. The matter was then elevated to this Tribunal by petitioner. It is his contention that there was no such implied repeal, that it is still in full force and effect. Thus was the specific question raised.

ISSUE: Whether or not an ecclesiastic was eligible to an elective municipal position

NO. The attack on the continuing effectivity of Section 2175 having failed, it must be, as noted at the outset, given full force and application. Section 2175 of the Revised Administrative Code, as far as ecclesiastics are concerned, must be accorded respect. The presumption of validity calls for its application. Under the circumstances, certiorari lies.