FACTS: In the general
elections held on November 13, 1951, Vilar and Paraiso were candidates for
mayor in Rizal, Nueva Ecija. After the canvassing, Paraiso was proclaimed
mayor. However, Vilar contended that Paraiso was ineligible to hold office as
mayor because he was then a minister of the United Church of Christ in the
Philippines and such was disqualified to be a candidate under section 2175 of
the Revised Administrative Code. Respondent in his answer denied his
ineligibility and claimed that he resigned as minister of the United Church of
Christ in the Philippines on August 21, 1951 and such resignation was accepted.
Vilar further contended that on April 7, 1951, respondent applied for and was
granted a license to solemnize marriages by the Bureau of Public Libraries as
minister of the new church up to the end of April, 1952. Such license has never
been cancelled, nor respondent has requested for its cancellation.
ISSUE: W/N Paraiso
actually resigned as minister before the date of the elections, and his
resignation duly accepted, as claimed, thereby removing his disability.
HELD: Paraiso was
disqualified when he ran for mayor while he was still holding a religious
position granting him the power to solemnize marriages
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