Pamil v. Teleron
Pamil v. Teleron
Pamil v. Teleron
Teleron
OCTOBER 13, 2017 RAMBLINGAPPREHENSIONS
Facts:
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Whether or not the RAC is not in effect or already repealed, thereby making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.