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Vilar v. Paraiso, 96 Phil 659

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Vilarv.

Paraiso,96Phil659
FACTS: In the general elections held on November 13, 1951, Vilar and
Paraiso were candidates for mayor in Rizal, Nueva Ecija. After the
canvassing, Paraiso was proclaimed mayor. However, Vilar contended that
Paraiso was ineligible to hold office as mayor because he was then a
minister of the United Church of Christ in the Philippines and such was
disqualified to be a candidate under section 2175 of the Revised
Administrative Code. Respondent in his answer denied his ineligibility and
claimed that he resigned as minister of the United Church of Christ in the
Philippines on August 21, 1951 and such resignation was accepted. Vilar
further contended that on April 7, 1951, respondent applied for and was
granted a license to solemnize marriages by the Bureau of Public Libraries
as minister of the new church up to the end of April, 1952. Such license
has never been cancelled, nor respondent has requested for its
cancellation.
ISSUE: W/N Paraiso actually resigned as minister before the date of the
elections, and his resignation duly accepted, as claimed, thereby removing
his disability.

HELD: Paraiso was disqualified when he ran for mayor while he was still
holding a religious position granting him the power to solemnize marriages

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