G.R. No. 96859 October 15, 1991
MOHAMMAD ALI DIMAPORO, petitioner, vs. HON. RAMON V. MITRA, JR., Speaker, House of Representatives, and HON. CAMILO L. SABIO, Secretary, House of Representatives, respondents.

FACTS

Petitioner Mohammad Ali Dimaporo was the elected Representative for the Second District of Lanao del Sur. On January 15, 1990, he filed a Certificate of Candidacy for Regional Governor of the Autonomous Region in Muslim Mindanao. Upon being informed by the Commission on Elections, the respondents, the Speaker and Secretary of the House, excluded Dimaporo’s name from the Roll of Members. They invoked Section 67 of the Omnibus Election Code, which states that any elective official running for any office other than the one currently held shall be considered ipso facto resigned upon filing the certificate of candidacy.
After losing in the regional election, Dimaporo sought to resume his congressional duties but was barred. He was excluded from House proceedings, his emoluments were withheld, his staff was dismissed, and his office was reassigned. He thus filed this petition, arguing his exclusion was invalid.

ISSUE

The primary issue is whether Section 67 of the Omnibus Election Code, providing for ipso facto resignation, remains operative under the 1987 Constitution, thereby authorizing the House leadership to administratively remove a member who files a certificate of candidacy for another elective post.

RULING

The Supreme Court DISMISSED the petition, upholding the constitutionality and application of Section 67. The Court ruled that the constitutional enumeration of grounds for the termination of a congressional term is not exclusive. The principle of expressio unius est exclusio alterius does not apply, as the Constitution does not prohibit the legislature from prescribing additional disqualifications or conditions for elective office.
The legal logic is clear: the power to prescribe qualifications and disqualifications for candidates is vested in Congress by the Constitution. Section 67 is a valid exercise of this legislative power, designed to prevent the disruption of public service and ensure that officials do not use their current position to gain an unfair advantage in a new campaign. The filing of a candidacy for another office constitutes a voluntary act of renunciation of the current office, which is a recognized constitutional ground for vacancy. The administrative act of the House officials in enforcing this clear statutory mandate was neither an encroachment on judicial power nor a violation of due process, as they were merely executing a specific legal provision. Therefore, Dimaporo’s ipso facto resignation was effective upon his filing of the certificate of candidacy.