SANCIANGCO v.

ROÑO officials and employees of government-owned and

JULY 19, 1985 | Melencio-Herrera, J​.​ | Illustration of rule (where the rule does not government-controlled corporations and their
distinguish)*opposite subsidiaries, ​shall ipso facto cease in office or position as
of the time he filed his CoC: ​Provided, however, That the
Prime Minister, the Deputy Prime Minister, the Members
PETITIONER​: Napoleon Sanciangco
of the Cabinet, and the Deputy Ministers shall continue in
RESPONDENTS​: Hon. Jose Roño (Minister of Local Government),
the offices they presently hold notwithstanding the filing
Sangguniang Panlungsod of Ozamiz City, Hon. Benjamin Fuentes (Vice Mayor
of their CoCs.
and Presiding Officer of SP of Ozamis City), Hon. Antonio Caballero, Jesus
ii. Governors, mayors, ​members of the various sanggunians
Anonat, Manuel Cortes, Irene Luansing, et al (Members of SP)
or barangay officials shall, upon filing CoC ​be
considered on forced leave of absence from office
ISSUE/s:
DOCTRINE​: Where the intent to make a distinction appears from the statute,
1. W/N Sanciangco should be considered as resigned or on forced leave of
the courts should make the distinction — in this case, the legislative intent to
absence from the Sangguniang Panlungsod upon the filing of his CoC? —
distinguish the effect of filing of CoCs by elective officials and appointive
YES
officials is clear.
RULING: ​Petition dismissed.
For elective officials — forced leave of absence
For appointive officials — ceased ipso facto/resigned
RATIO:
1. There is no doubt that Sanciangco is an appointive official as he was
FACTS: appointed by the President to be a member of the SP ​pursuant to BP Blg.
1. Sanciangco was ​elected Brgy. Captain of Sta. Cruz, Ozamis City in 1982. 51 and LGC.
Later, he was ​elected President of the Association of Barangay Councils 2. Following this, he is ​deemed to have ipso facto ceased to be such
of Ozamis City. As the president of the association, he was ​appointed a member ​when he filed his CoC.
member of the Sangguniang Panlungsod ​by Pres. Marcos 3. Taking into consideration the nature of the positions enumerated in Sec.
2. For the May 1984 BP elections, Sanciangco ​filed his CoC for Misamis 13(2), the legislative intent to distinguish between elective positions under
Occidental but lost ​the election. As a result, he informed the vice mayor of 13(2) and appointive positions in 13(1) is clear.
Ozamis that he would be ​resuming his duties as member of SP ​pursuant a. 13(1) contains an all-encompassing clause reading “any person
to ​Art. 5, Sec. 13(2) of BP Blg. 697 holding public APPOINTIVE office or position.”
3. The matter was elevated to respondent Roño who ruled that since b. such legislative intent to distinguish the two can be gleaned from
Sanciangco is an APPOINTIVE OFFICIAL, he is ​deemed to have the proceedings of the Batas Pambansa
resigned from his appointive position ​(member of SP) ​upon the filing of 4. With regard to his membership to SP, Sanciangco is deemed to have
his CoC resigned his position pursuant to 13(1)
4. Sanciangco’s contention: 5. With regard to his position as Brgy. Captain and President of ABC, he is
a. Art. 5, Sec. 13(2) of BP Blg. 697 makes NO DISTINCTION deemed to have been on forced leave of absence as such positions are
between elective and appointive officials elective and fall under 13(2).
b. Its legislative intent is clear that even appointive brgy. officials are
covered by that provision
5. Hence, this petition
6. Provisions in question:
a. Sec. 13 of Batas Pambansa Blg. 697 — Effects of filing of
certificate of candidacy
i. Any person holding a public appointive office or
position​, including active officers and members of the
AFP and the Integrated National Police, as well as