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Homobono A. Adaza vs. Fernando Pacana, Jr. 135 SCRA 431

HOMOBONO A. ADAZA, petitioner, vs. FERNANDO PACANA, JR., respondent.

G.R. No. L-68159 | 1985-03-18

D E C I S I O N

ESCOLIN, J.:
 
The issues posed for determination in this petition for prohibition with prayer for a writ of preliminary injunction and/or restraining order are: [1] whether or not a provincial governor who was elected and had qualified as a Mambabatas Pambansa [MP] can exercise and discharge the functions of both offices simultaneously; and [2] whether or not a vice-governor who ran for the position of Mambabatas Pambansa, but lost, can continue serving as vice-governor and subsequently succeed to the office of governor if the said office is vacated. 
 
The factual background of the present controversy is as...