GR No.

L-8014
Villar vs. Paraiso
Parties: Both are candidates for the office of Mayor of Rizal, Nueva Ecija
Facts:
1.) In the 1951 elections, Paraiso defeated Villar and was elected and proclaimed Mayor of Rizal,
Nueva Ecija. Villar filed a quo warranto proceeding against Paraiso contending that the latter was
ineligible to hold office because he was then a minister of the United Church of Christ and as such,
was disqualified under Sec. 2175 of the Revised Administrative Code. Villar instituted a quo
warranto proceeding praying that Paraisos proclamation as mayor-elect be declared null and void,
and that he be declared duly elected mayor of Rizal. Paraiso denied ineligibility and claimed that he
resigned as minister and that his resignation was accepted by the cabinet of his church.
2.) RTC found Paraiso ineligible for being an ecclesiastic and declared his proclamation as mayor
null and void. However, it did not declare Villar as mayor-elect for lack of legal ground to do so.
Both parties appealed.
3.) CA certified the case to the SC, finding that Villar raised only questions of law even though
Paraiso raisedboth questions of law and fact.
Issue: WON Paraiso, being an ecclesiastic, is ineligible to hold office as Mayor of Rizal, Nueva Ecija
Held: YES
Rule: SEC. 2175.
Persons ineligible to municipal office.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 Insular funds, or contractors for public works of the municipality.
Application: SC did not find any reason to deviate from the finding of the trial court that respondent
never ceased as minister of the order to which he belonged and that the resignation he claimed to
have filed months prior to the elections was a mere scheme to circumvent the prohibition of law
regarding ecclesiastics who desire to run for a municipal office.
Indeed, if respondent really and sincerely intended to resign as minister of the religious
organization to which he belonged for the purpose of launching his candidacy why did he not resign
in due form and have the acceptance of his resignation registered with the Bureau of Public
Libraries. The purpose of registration is two-fold: to inform the public not only of the authority of the
minister to discharge religious functions, but equally to keep it informed of any change in his
religious status. This information is necessary for the protection of the public. This is specially so
with regard to the authority to solemnized marriages, the registration of which is made by the law
mandatory (Articles 92-96, new Civil Code). It is no argument to say that the duty to secure the
cancellation of the requisite resignation devolves, not upon respondent, but upon the head of his
organization or upon the official in charge of such registration, upon proper showing of the reason
for such cancellation, because the law likewise imposes upon the interested party the duty of
effecting such cancellation, who in the instant case is the respondent himself. Thi she failed to do.
And what is more, he failed to attach to his certificate of candidacy, a copy of his alleged
resignation as minister knowing full well that a minister is disqualified by law to run for a municipal
office. The documents Paraiso presented purporting to show his alleged resignation were held to be
self-serving and appeared to have been prepared haphazardly, leading the court to believe that
these were made only to cure his ineligibility to hold office.

Disposotive Portion: Wherefore, the decision appealed from is affirmed, without pronouncement as
to costs. Petitioner was not declared elected, having obtained second place in the elections, in the
absence of an express provision authorizing such declaration.