PAMIL VS TELERON

G.R. No. L-34854                         November 20, 1978

FACTS:
Fr. Margarito Gonzaga, a priest, won the election for mayoralty in Alburquerque, Bohol. He was proclaimed as a mayor therein. Pamil, a rival candidate file a quo warranto case against Gonzaga questioning the eligibility of the latter. He argued that under the Revised Administrative Code, "in no case shall there be elected or appointed to a municipal office ecclesiastics, soldiers in active service, persons receiving salaries or compensation from provincial or national funds, or contractors for public works of the municipality." In this case, the elected mayor is a priest. However, Judge Teleron ruled that the Administrative Code is repealed by the Election Code of 1971 which allowed the prohibitions of RAC.

ISSUE:
Whether or not the RAC is no longer operative.

RULING:
Decision is indecisive, the said law, in the deliberations of the court, failed to obtain the majority vote of 8 which is needed in order for this law to be binding upon the parties in this case. For this, the petition must be granted and the decision of the lower court is reversed and set aside.

Fr. Gonzaga is hereby ordered to vacate the mayoralty position.