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Pamil vs. Teleron [CONCURRING AND DISSENTING OPINION, AQUINO, J.]

FORTUNATO R. PAMIL, petitioner-appellant, vs. HONORABLE VICTORINO C. TELERON, as Judge of the Court of First Instance of Bohol, Branch III, and REV. FR. MARGARITO R. GONZAGA, respondents-appellees.

G.R. No. L-34854 | 1978-11-20

CONCURRING DISSENTING OPINION
 
AQUINO, J.:
 
Reverend Father Margarito R. Gonzaga was elected in 1971 as mayor of Alburquerque, Bohol. Fortunato R. Pamil, his opponent, filed a quo warranto  proceeding against him. Pamil invoked section 21 75 of the Revised Administrative Code of 1917 which disqualifies clergymen from holding a municipal office in the following peremptory terms:
 
"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...