Scribd Logo
Upload

Welcome to Scribd!

  • 35 views

    41.punzalan v. Mendoza 140 SCRA 153

    Uploaded by

    Mary Ann Dawilan Lawagan
    This case involved a dispute between the vice governor, Punzalan, and the governor, Mendoza, of Pampanga province over whether Mendoza could return to his position as governor. Mendoza had submitted his resignation as governor but it was not yet approved. He was then appointed to positions in the national government. When Mendoza later wanted to return to his governor position, Punzalan objected, arguing Mendoza had given up his right to the governorship. The Supreme Court ruled that the constitutional prohibition on Batasang Pambansa members holding two elective positions did not apply to Mendoza since he was appointed to the Batasang Pambansa from the Cabinet,

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    41.punzalan v. Mendoza 140 SCRA 153

    Uploaded by

    Mary Ann Dawilan Lawagan
    35 views2 pages
    This case involved a dispute between the vice governor, Punzalan, and the governor, Mendoza, of Pampanga province over whether Mendoza could return to his position as governor. Mendoza had submitted his resignation as governor but it was not yet approved. He was then appointed to positions in the national government. When Mendoza later wanted to return to his governor position, Punzalan objected, arguing Mendoza had given up his right to the governorship. The Supreme Court ruled that the constitutional prohibition on Batasang Pambansa members holding two elective positions did not apply to Mendoza since he was appointed to the Batasang Pambansa from the Cabinet,

    Original Title

    41.Punzalan v. Mendoza 140 SCRA 153

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involved a dispute between the vice governor, Punzalan, and the governor, Mendoza, of Pampanga province over whether Mendoza could return to his position as governor. Mendoza had submitted his resignation as governor but it was not yet approved. He was then appointed to positions in the national government. When Mendoza later wanted to return to his governor position, Punzalan objected, arguing Mendoza had given up his right to the governorship. The Supreme Court ruled that the constitutional prohibition on Batasang Pambansa members holding two elective positions did not apply to Mendoza since he was appointed to the Batasang Pambansa from the Cabinet,

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    35 views2 pages

    41.punzalan v. Mendoza 140 SCRA 153

    Uploaded by

    Mary Ann Dawilan Lawagan
    This case involved a dispute between the vice governor, Punzalan, and the governor, Mendoza, of Pampanga province over whether Mendoza could return to his position as governor. Mendoza had submitted his resignation as governor but it was not yet approved. He was then appointed to positions in the national government. When Mendoza later wanted to return to his governor position, Punzalan objected, arguing Mendoza had given up his right to the governorship. The Supreme Court ruled that the constitutional prohibition on Batasang Pambansa members holding two elective positions did not apply to Mendoza since he was appointed to the Batasang Pambansa from the Cabinet,

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Punzalan v.

    Mendoza 140 SCRA 153


    Facts:
    • Cicero Punsalan and Estelito Mendooza were the vice governor and governor of Pampanga,
    respectively. Both belong to the same party, the KBL (Kilusang Bagong Lipunan).
    • Mendoza submitted his resignation as governor on May 17, 1984, but it was only effective at the
    "President's pleasure"
    • On June 30, 1984, the president appointed Mendoza as minister of justice.
    • He was simultaneously appointed on July 14, 1984 as Batasan Pambansa member.
    • His request to be considered as the governor-on-leave of Pampanga while the President was
    considering his resignation was submitted to the Minister of Local Government (MLG) on July
    16, 1984. The MLG subsequently gave its approval to the request.
    • While his resignation was being considered, Mendoza advised Punsalan to temporarily assume
    the governorship. Punsalan later took his oath of office, not as the acting governor but as the
    governor, and he subsequently came into power.
    • Mendoza resigned from his Batasan membership about 6 months later, and upon the outcome
    of the KBL's caucus, he returned to Pampanga to assume his governorship. Punsalan condemned
    Mendoza's return, claiming that he had already left office due to his resignation, which had
    been impliedly approved by the President.
    • Punsalan also stated that when Mendoza was a member of the Batasan, he was forbidden from
    running for governor because there is a constitutional prohibition on Batasan members holding
    two elective positions; this is an enforceable rule that cannot be waived. Furthermore, Punsalan
    claimed that when Mendoza accepted his appointments as Minister of Justice and "appointive"
    Batasan Member, he renounced his right and title to the office due to the "incompatibility" of
    the positions with the Governor's office.
    Issue:
    WoN Mendoza can return to be a governor?
    Ruling:
    Section 10, Article 8 of the 1973 Constitution provides:
    “A Member of the Batasang Pambansa shall not hold any other office or employment in the
    Government, or any subdivision, agency or instrumentality thereof, including government-owned
    or controlled corporations, during his tenure except that of Prime Minister, Member of the
    Cabinet or Deputy Minister. Neither shall he, during the term for which he was elected, be
    appointed to any civil office which may have been created or emoluments thereof increased while
    he was a Member of the Batasang Pambansa.”

    In this case, it is quite clear that the said prohibition may not be construed and applied broadly or
    expansively. The Constitution itself divided the Batasan membership into three categories: The
    elective provincial/city/district representatives; the sectoral representatives who are either
    elected or selected as may be provided by law; and those chosen from Members of the Cabinet.
    The prohibition in question does not extend to the third group of members, those chosen from
    the Cabinet.

    Mendoza was elected as the governor but was not elected as a member of the Batasan; he was
    appointed. Punsalan’s contention that Mendoza’s resignation was impliedly approved by the
    president is not tenable. There is no other constitutional provision which would operate to restrict
    or limit the President's choice as to such Cabinet representatives to the Batasan. A local
    government executive drafted into the Cabinet because of competence may be given such
    assignment, if in the judgement of the President, he can effectively espouse and defend in the
    Batasan the Cabinet's "program government." This is consonance with the rule that constitutional
    provision should be coordinated, harmonized and construed in order to give effect to all of them,
    after reconciling apparent conflict. The president in fact needed more time to consider the validity
    of the resignation and upon the KBL’s recommendation, he instead chose to approve Mendoza’s
    return to his governorship.

    You might also like