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Dimaporo vs. Mitra Digest

Mohamad Ali Dimaporo was elected as a representative but later ran for and lost the election for Regional Governor of Muslim Mindanao. He then tried to resume his position as representative. The Supreme Court ruled against Dimaporo, finding that under Section 67 of the law, an elective official is considered resigned from their current office upon filing their candidacy for a different position. Once Dimaporo lost the regional governor election, he could not go back to being a representative as his prior position was considered resigned. The petition to resume the representative position was dismissed.

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254 views1 page

Dimaporo vs. Mitra Digest

Mohamad Ali Dimaporo was elected as a representative but later ran for and lost the election for Regional Governor of Muslim Mindanao. He then tried to resume his position as representative. The Supreme Court ruled against Dimaporo, finding that under Section 67 of the law, an elective official is considered resigned from their current office upon filing their candidacy for a different position. Once Dimaporo lost the regional governor election, he could not go back to being a representative as his prior position was considered resigned. The petition to resume the representative position was dismissed.

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SECTION 7

DIMAPORO VS. MITRA (G.R. NO. 96859, OCTOBER 15, 1991)

FACTS:

Mohamad Ali Dimaporo was elected representative for the second legislative district of Lanao Del
Sur during 1987 congressional election. Took his oath on Jan. 9, 1987. On Jan. 15, 1990, the
petitioner filed with the commission on election a certificate of candidacy for regional governor of
the autonomous region in Muslim Mindanao. Having lost in the autonomous region election,
petitioner in a letter dated June 28, 1990 addressed to the respondent speaker his intention ‘’to
resume performing his duties and function as elected member of congress’’

ISSUE: WON Dimaporo can resume office in congress after losing the election for Regional Governor
of Muslim Mindanao.

HELD: The petition is dismiss for lack of merit. The petition failed to discern that rather than cut
short the term of office of elective public officials seeks to ensure such officials serve out their entire
term of office thereby cutting short their tenure by making it clear that should they fail in their
candidacy, they cannot go back to their former position.

Section 67, Art. IX of B.P. BLG. 881 reads: ‘’ Any elective official whether national or local
running for ay office than the one which he is holding in a permanent capacity except for president
and vice-persident shall be considered ipso facto resigned from his office upon the filling of his
certificate of candidacy.

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