VILAR V.

PARAISO
GR No. L-8014, March 14, 1955
Petitioner: Pedro Vilar
Respondent: Gaudencio Paraiso
Facts: In the general elections held in 1951, Pedro Vilar and Gaudencio Paraiso
were among the candidates running for Mayor of Rizal, Nueva Ecija. After the
elections, Paraiso won by a margin of votes. Vilar then instituted a petition quo
warranto averring that Paraiso was ineligible to hold office because he was still a
minister of the United Church of Christ, and as such, disqualified him to be a
candidate under Section 2175 of the RAC. He also prayed to be declared the duly
elected mayor of Rizal. Paraiso countered that he resigned as minister of the UCC
two months before the elections and that his resignation was accepted by the
cabinet of his church in a special meeting; and that Vilar could not be declared
elected even if Paraiso wasnt eligible.
CFI: Paraiso was found to be ineligible for the office of mayor because he was an
ecclesiastic, consequently rendering his proclamation as mayor null and void. But it
also refrained from declaring Vilar as mayor-elect for lack of sufficient legal
grounds to do so. Both parties then appealed: Paraiso to the portion declaring him
ineligible to be mayor; and Vilar to the portion refraining from declaring him as
mayor-elect.
CA: pursuant to sections 17 and 31 of the judiciary act, the CA ruled that because
one of the petitioners was only question of law, only the SC could be cognizant of
the case.
Issues: W/N Paraiso, being an ecclesiastic, is ineligible to hold office of mayor
under Art. 2175 of RAC?

Held: YES.
Ratio: Vilars evidence shows that Paraiso was ordained a minister of Evangelical
Church of the Philippines in 1944 and was given a license to solemnize marriages
by the Bureau of Public Libraries and that up to 1950, he continuously and without
interruption has been renewing his license to solemnize marriages. In April 1950,
Paraiso moved to UCC where he also applied for and was issued a license to
solemnize marriages. Vilars evidence shows that said license was never cancelled
as neither the head of the church nor Paraiso requested for its cancellation, and that
he is publicly known as a minister of UCC, and that he did not attach his alleged
resignation to her COC. On the other hand, Paraiso contends that he was formerly a
minister of UCC but that he filed his resignation because of his desire to engage in
politics.
SC rules that Paraiso never ceased a minister and that the resignation he claims to
have filed months before the election is but a mere scheme to circumvent the
prohibition of the law regarding ecclesiastics who desire to run for office. If he had
really intended to engage in politics, he would have had no problem presenting his
resignation as minister of UCC. Its importance cant but underestimated. The
purpose of registering with the Bureau of Public Libraries is 2-folded: (1) to inform
the public not only of the authority of the minister to discharge religious functions,
(2) but equally to keep it informed of any changes in his religious state. The
information is necessary for the protection of the public.
This is especially so with authority to solemnize marriages which is mandatory
under Arts. 92-96 NCC. Respondents evidence alleging that he resigned and it was
approved by the cabinet is self-serving and the documents on which were only
prepared to serve the political designs of the respondent in order to skirt around the
law. This is buttressed by the fact that he failed to attach his resignation to the COC.