Consti 1 Dimaporo v.

Mitra FACTS: Dimaporo was elected as a representative for the second legislative district of Lanao del Sur during the 987 congressional elections. Dimaporo filed a certificate of candidacy for the position of governor of ARMM. Secretary and Speaker of the House excluded the name of Dimaporo from the Roll of Members of HR Under Art IX of Sec 67 of the Omnibus Election Code. Dimaporo lost the election wrote a letter intending to resume performing his duties and functions as an elected member of the Congress. Unfortunately, he was not able to regain his seat in the Congress. Dimaporo contended that he did not lose his seat as a Congressman because Art. IX Sec. 67 of BP 881 is not operative in the present constitution, and therefore not applicable to the members of Congress. Grounds may be termed to be shortened: 1. Holding any officer or employment in the government or ant subdivision, agency, or instrumentality thereof. 2. Expulsion as a disciplinary action for a disorderly behavior. 3. Disqualification as determined by a resolution of the electoral tribunal in an election contest. 4. Voluntary renunciation of office. ISSUE: W/N Dimaporo can still be considered as a member of Congress even after he has filed for another government position HELD: N o. In the constitution there is a new chapter on the accountability of public officers. In the 1935 Constitution, it was provided that public office is a public trust. Public officers should serve with the highest degree of responsibility and integrity. If you allow a Batasan or a governor or a mayor who has mandated to serve for 6 years to file for an office other than the one he was elected to, then that clearly shows that he did not intend to serve the mandate of the people which was placed upon him and therefore he should be considered ipso facto resigned. The filling of a certificate shall be considered as an overt act or abandoning or relinquishing his mandate to the people and he should therefore resign if he want to seek another position which he feels he could be of better service.