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SANCIANGCO vs RONO | G.R. No L-68709
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-68709 July 19 198!
NAPOLEON E. SANCIANGCO petitioner,
vs.
T"E "ONORA#LE JOSE A. RO$O M%&%s'() M%&%s')y o* Lo+,l Gov()&-(&'. T"E SANGGUNIANG PANLUNGSO/ O0
O1AMI1 CIT2. T"E "ONORA#LE #ENJAMIN A. 0UENTES 3%+( M,yo) o* O4,-%4 C%'y ,&5 P)(s%5%&6 O**%+() o* '7(
S,&66u&%,&6 P,&lu&6so5 o* O4,-%4 C%'y. T"E "ONORA#LE ANTONIO G. CA#ALLERO JESUS S. ANONAT MANUEL
T. CORTES IRENE S. LUANSING REME/IOS J. RAMIRO /OMINA/OR #. #ORJE 0ILOMENO L. ROMERO
0LORENCIO L. GARCIA ,&5 "ARR2 S. OAMINAL M(-8()s S,&66u&%,&6 P,&lu&6so5 o* O4,-%4 C%'y respondents.
Abraham F. Sarmiento and Mariano Sarmiento for petitioner.
The Solicitor General for respondents.

MELENCIO-"ERRERA J.:
The sole issue for determination in this Petition for Certiorari, Prohibition and mandamus with Preliminar !n"unction and#or
Restrainin$ %rder is whether or not an appointive member of the &an$$unian$ Panlun$sod, who ran for the position of
Mambabatas Pambansa in the elections of Ma '(, ')*(, should be considered as resi$ned or on forced leave of absence
upon the filin$ of his Certificate of Candidac. The resolution of the controvers hin$es on the construction to be $iven to
&ection '+ of Batas Pambansa Bl$, ,)-, which provides as follows.
&ec. '+. Effects of filin$ of certificate of candidac.
/'0 Any person holding a public appointive office or position, includin$ active officers and members of the
Armed 1orces of the Philippines and the !nte$rated National Police, as well as officials and emploees of
$overnment2owned and $overnment2controlled corporations and their subsidiaries,shall ipso facto cease in
office or position as of the time he filed his certificate of candidacy. Provided, however, that the Prime
Minister, the 3eput Prime Minister, the Members of the Cabinet, and the 3eput Ministers shall continue
in the offices the presentl hold notwithstandin$ the filin$ of their certificates of candidac.
/40 5overnors, maors, members of the various sanggunians or barangay officials shall, upon filin$
certificate of candidac be considered on forced leave of absence from office. /Emphasis supplied0
Petitioner was elected Baran$a Captain of Baran$a &ta. Cru6, %6ami6 Cit, in the Ma '-, ')*4 Baran$a elections. 7ater,
he was elected President of the Association of Baran$a Councils /ABC0 of %6ami6 Cit b the Board of 3irectors of the said
Association. As the President of the Association, petitioner was appointed b the President of the Philippines as a member of
the Cit8s &an$$unian$ Panlun$sod.
%n March 4-, ')*(, petitioner filed his Certificate of Candidac for the Ma '(, ')*( Batasan Pambansa elections for Misamis
%ccidental under the banner of the Mindanao Alliance. 9e was not successful in the said election.
!nvo:in$ &ection '+/40, Article ; of Batas Pambansa Bl$. ,)- /supra0, petitioner informed respondent <ice2Maor Ben"amin A.
1uentes, Presidin$ %fficer of the &an$$unian$ Panlun$sod, that he was resumin$ his duties as member of that bod. The
matter was elevated to respondent Minister of 7ocal 5overnment =ose A. Rono who ruled that since petitioner is an appointive
official, he is deemed to have resi$ned from his appointive position upon the filin$ of his Certificate of Candidac.
Petitioner impu$ns said rulin$ on the $round that since &ection '+/40 of Batasan Pambansa Bl$. ,)- ma:es no distinction
between elective and appointive officials, the le$islative intent is clear that even appointive Baran$a officials are deemed also
covered b the said provision.
There is no >uestion that petitioner holds a public appointive position. 9e was appointed b the President as a member of the
Cit8s &an$$unian$ Panlun$sod b virtue of his havin$ been elected President of the Association of Baran$a Councils. This
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SANCIANGCO vs RONO | G.R. No L-68709
was pursuant to &ection +, para$raph ' of Batas Pambansa Bl$. ;' /An Act Providin$ for the elective or Appointive Positions in
<arious 7ocal 5overnments and for %ther Purposes0, which provides that.
&ec. +. Cities. ?There shall be in each cit such elective local officials as provided in their respective
charters, includin$ the cit maor, the cit vice2maor, and the elective members of the sangguniang
panglungsod, all of whom shall be elected b the >ualified voters in the cit. !n addition thereto, there shall
be appointive sangguniang panglungsod members consistin$ of the president of the cit association of
baran$a councils, the president of the cit federation of the :abataan$ baran$a, and one representative
each from the a$ricultural and industrial labor sectors who shall be appointed by, the president /Prime
Minister0 whenever, as determined b the san$$unian$ pan$lun$sod, said sectors are of sufficient number
in the cit to warrant representation. /emphasis supplied0
The appointive character of petitioner8s position was reiterated in &ection '-+ of the 7ocal 5overnment Code /B.P. Bl$. ++-0,
readin$ as follows.
&ec '-+. Composition and Compensation. ? /'0 the san$$unian$ panlun$sod, as the le$islative bod of
the cit, shall be composed of the vice2maor, as presidin$ officer, the elected san$$unian$ panlun$sod
members, and the members who may be appointed by the resident of the hilippines consisting of the
presidents of the !atipunan panglungsod ng mga barangay and the !abataang barangay, city federation.
/Emphasis supplied0
&ince petitioner is un>uestionabl an appointive member of the &an$$unian$ Panlun$sod of %6ami6 Cit, he is deemed to
have ipso facto ceased to be such member when he filed his certificate of candidac for the Ma '(, ')*( Batasan elections.
Petitioner avers, however, that the fact that he is merel an appointive member of the &an$$unian$ Panlun$sod of %6ami6 Cit
@is reall of no moment since subsection 4, &ection '+. B.P. ,)-, ma:es no distinction between elective and appointive officials,
and at an rate, le$islative intent ma:es clear that appointive officials are deemed covered b the provision.
Althou$h it ma be that &ection '+/40, B.P. Bl$. ,)-, admits of more than one construction, ta:in$ into consideration the nature
of the positions of the officials enumerated therein, namel, $overnors, maors, members of the various san$$unians or
baran$a officials, the le$islative intent to distin$uish between elective positions in section '+/40, as contrasted to appointive
positions in section '+/l0 under the all2encompassin$ clause readin$ @an person holdin$ public appointive office or position,@ is
clear. !t is a rule of statutor construction that @when the lan$ua$e of a particular section of a statute admits of more than one
construction, that construction which $ives effect to the evident purpose and ob"ect sou$ht to be attained b the enactment of
the statute as a whole, must be followed.@
1
A statute8s clauses and phrases should not be ta:en as detached and isolated eApressions, but the whole
and ever part thereof must be considered in fiAin$ the meanin$ of an of its parts.
9
The le$islative intent to cover public appointive officials in subsection /'0, and officials mentioned in subsection /40 which should
be construed to refer to local elective officials, can be $leaned from the proceedin$s of the Batasan Pambansa recorded as
follows.
Mr. <alde6. ... Ma ! $o to para$raph 4 of &ec. ',, Mr. &pea:er which sas.
An local elective officials, includin$ an elected baran$a official shall ipso facto cease
in his office or position as at the time he filed his certificate of candidac, unless
otherwise provided b law. /later amended and is now &ubsection 4 of sec. '+0
Now, do the words 8local elective official8 refer to the office or to an
incumbent who has been elected, not appointedB
Mr. Albano. Para$raph 4 covers elective officialC para$raph ! covers appointive officials.
&o, if he is an appointive local official he would fall under para$raph /'0 because it
sas. 8An person holdin$ appointive office or position.8 !t does not distin$uish if it is
appointive or elective position.
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SANCIANGCO vs RONO | G.R. No L-68709
Mr. <alde6. !n other words, Mr. &pea:er, do ! $et the distin$uished sponsor correctl
that an appointed maor but holdin$ an elective position is not within the
comprehension of this section or this para$raphB
Mr. Albano. No, Mr. &pea:er, that would refer to para$raph 4. Dhat mabe the
5entleman8s contemplation is. &uppose a person is appointed to the position of a
maor, will he be covered under para$raph ' and should be cease to hold office upon
filin$ his Certificate of CandidacB
Mr. <alde6. Ees.
Mr. Albano. ! would sa, es, he would fall under para$raph '. But if he is an elective
local official he would fall under para$raph 4.
Mr. <alde6. !n other words, this is a description of the mode and manner b which the
occupant is brou$ht to the office.
Mr. Albano. Ees.
Mr. <alde6. ... not the description of the office itself.
Mr. Albano. No, Mr. &pea:er.
Mr. <alde6. ! see. Now we come to the other portion which refers to elected baran$a
official. Dh is it that the provision isolates the nature of the official of the baran$a
who had been elected, not appointed, is he supposed to be within the purview of
para$raph 4B
Mr. Albano. No. Mr. &pea:er, ! will call the 5entleman8s attention to para$raph '. An
person holdin$ a public appointive office or position ... ! presume and ! assume that the
office in the baran$a council is still contemplated in the words 8appointive office.8
Mr. <alde6. Fnder para$raph lB
Mr. Albano. Ees, Mr. &pea:er.
:
/Emphasis supplied0
Nor do we perceive an violation of the e>ual protection clause, as petitioner contends, since &ection '+ of B.P. Bl$. ,)-
applies ali:e to all persons sub"ect to such le$islation under li:e circumstances and conditions. Neither can petitioner "ustifiabl
contend that he was removed from office without due process of law since it was of his own choice that he ran for a seat in the
Batasan Pambansa. The conse>uence that followed his unsuccessful attempt at the elections arose from law.
!t $oes without sain$ that althou$h petitioner, b filin$ his certificate of candidac for the Batasan Pambansa ceased, ipso
facto, to be an appointive member of the &an$$unian$ Panlun$sod, he remains an elective Baran$a Captain from which
position he ma be considered as havin$ been on @forced leave of absence.@ 9e also continues as President of the Association
of Baran$a Councils but will need a reappointment b the President, as member of the &an$$unian$ Panlun$sod of %6ami6
Cit as the law spea:s of @members who ma be appointed b the President.@
D9ERE1%RE, findin$ no $rave abuse of discretion on the part of respondent officials, the Drits praed for are denied, and this
Petition is hereb ordered dismissed. No costs.
&% %R3ERE3.
Fernando, C."., Ma#asiar, Abad Santos, lana, $scolin, %elova, Gutierre&, "r., 'e la Fuente, Cuevas and Alampay, ""., concur.
A(uino and Concepcion, "r., too# no part.

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SANCIANGCO vs RONO | G.R. No L-68709

S(;,),'( O;%&%o&s

TEE"AN<EE J., dissentin$.
There is no >uestion petitioner is an elected baranggay official. 9e was elected baran$a captain of his baran$a. 9e was
furthermore elected President of the Association of Baran$a Councils /ABC0 of %6amis Cit, and as such, he was entitled to
be appointed, e)*oficio, as he was in fact appointed b the President as member of thesangguniang panglunsod. The
appointment became functus oficio upon its eAercise and petitioner8s assumption of the office.
Fnder &ection '+/40 of B.P. Bl$. ,)- $overnin$ the ')*( election for the Batasan Pambansa, petitioner asmember of the said
sanggunian should be considered as havin$ $one @on forced leave of absence from office@ upon his filin$ of his certificate of
candidac and runnin$ /unsuccessfull0 for a seat to the Batasan Pambansa, li:e similarl situated $overnors and maors. The
letter and spirit of the Act support petitioner8s position. As the decision itself points out, he ri$htfull remains as baran$a
captain and president of the ABC. As president of the ABC, petitioner should be held as merel havin$ been on forced leave of
absence from the eA oficio position ofsangguniang member to which he held an appointment. 9e has correctl submitted that
the law ma:es no distinction between elective or appointive sanggunian members. The basic position of baran$a captain and
ABC president held b him are essentiall elective. 9e cannot fall under &ection '+/l0 of the Act which refers to purel
appointive officials, includin$ active officers and members of the Armed 1orces of the Philippines and officials and emploees of
$overnment2owned and controlled corporations, under the statutor construction rule of noscitur a sociis.


S(;,),'( O;%&%o&s
TEE"AN<EE J., dissentin$.
There is no >uestion petitioner is an elected baranggay official. 9e was elected baran$a captain of his baran$a. 9e was
furthermore elected President of the Association of Baran$a Councils /ABC0 of %6amis Cit, and as such, he was entitled to
be appointed, e)*oficio, as he was in fact appointed b the President as member of thesangguniang panglunsod. The
appointment became functus oficio upon its eAercise and petitioner8s assumption of the office.
Fnder &ection '+/40 of B.P. Bl$. ,)- $overnin$ the ')*( election for the Batasan Pambansa, petitioner asmember of the said
sanggunian should be considered as havin$ $one @on forced leave of absence from office@ upon his filin$ of his certificate of
candidac and runnin$ /unsuccessfull0 for a seat to the Batasan Pambansa, li:e similarl situated $overnors and maors. The
letter and spirit of the Act support petitioner8s position. As the decision itself points out, he ri$htfull remains as baran$a
captain and president of the ABC. As president of the ABC, petitioner should be held as merel havin$ been on forced leave of
absence from the eA oficio position ofsangguniang member to which he held an appointment. 9e has correctl submitted that
the law ma:es no distinction between elective or appointive sanggunian members. The basic position of baran$a captain and
ABC president held b him are essentiall elective. 9e cannot fall under &ection '+/l0 of the Act which refers to purel
appointive officials, includin$ active officers and members of the Armed 1orces of the Philippines and officials and emploees of
$overnment2owned and controlled corporations, under the statutor construction rule of noscitur a sociis.
0oo'&o'(s
' F.&. vs. Navarro, et al., ') Phil. '+( /')''0.
4 Commissioner of Customs vs. Esso &tandard Eastern, !nc., ,, &CRA ''+ /')-;0.
+ p. +)), Record of the Batasan, <ol. (, ')*+2')*(, 1ebruar ), ')*( proceedin$.
1acts.
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SANCIANGCO vs RONO | G.R. No L-68709
&ancian$co was elected Baran$a Captain of Baran$a &ta. Cru6, %6ami6 Cit in the Ma ')*4 elections.
7ater, he was elected President of the Association of Baran$a Councils /ABC0 of %6ami6 Cit b the Board of 3irectors
of ABC, and as president, he was appointed b the President of the Philippines as a member of the Cit8s &an$$unian$
Panlun$sod.
&ancian$co filed his Certificate of Candidac for the Ma ')*( Batasan pambansa elections for Misamis
%ccidental under the banner of the Mindanao Alliance, he was not successful.
&ancian$co informed <ice2Maor 1uentes, the Presidin$ %fficer of the &an$$uniance Panlun$sod, that he was
resumin$ his duties as member of that bod. The matter was elevated to respondent Minister of 7ocal 5overnment =ose
A. Rono who ruled that since petitioner is an appointive official, he is deemed to have resi$ned from his appointive
position upon the filin$ of his Certificate of Candidac.

!ssue.
Dhether an appointive member of the &an$$unian$ Panlun$sod, who ran for the position of Mambabatas Pambansa in the
Ma '(, ')*( elections, should be considered as resi$ned or on forced leave of absence upon the filin$ of his Certificate of
Candidac

9eld.
&ancian$co is deemed to have resi$ned from his position.
&ection '+/40 of BP ,)- states that upon filin$ a certificate of candidac, $overnors, maors, and members of
various san$$unians or baran$a officials shal be considered on forced leave of absence from office. &ection '+/'0
refers to people holdin$ public appointive positions, who shall cease to hold office upon the filin$ of his certificate of
candidac.
There is no >uestion that &ancian$co holds a public appointive position. &ince &ancian$co is un>uestionabl
an appointive member of the &an$$unian$ Panlun$sod of %6ami6 Cit, he is deemed to have ipso facto ceased to be
such member when he filed his certificate of candidac for the Ma '(, ')*( Batasan elections.
9e cannot be deemed to be removed from office without due process of law since it was of his own choice that
he ran for a seat in the Batasan Pambansa. The conse>uence that followed his unsuccessful attempt at the elections
arose from law.
Althou$h he ceased to be an appointive member of the &an$$unian$ Panlun$sod, he remains an elective
Baran$a Captain from which position he ma be considered as havin$ been on @forced leave of absence.@ 9e also
continues as President of the Association of Baran$a Councils but will need a reappointment b the President, as
member of the &an$$unian$ Panlun$sod of %6ami6 Cit as the law spea:s of @members who ma be appointed b the
President.@

&eparate %pinion /Teehan:ee0.
9e has correctl submitted that the law ma:es no distinction between elective or appointive san$$unian
members. 9e should also have been deemed to have been on forced leave of absence and not forced resi$ned from the
&an$$unian. The basic position of baran$a captain and ABC president held b him are essentiall elective. 9e cannot
fall under &ection '+/l0 of the Act which refers to purel appointive officials, includin$ active officers and members of the
Armed 1orces of the Philippines and officials and emploees of $overnment2owned and controlled corporations, under
the statutor construction rule of noscitur a sociis.
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VIII. LATIN MAXIMS | CASSUS OMISSUS PRO OMISSO HABENDUS EST | STATUTORY CONSTRUCTION |