F: In 1971, Fr. Margarito Gonzaga was elected mayor of Albuquerque , Bohol . A petition was filed against him on the basis of section 2175 of the Revised Administrative Code providing that "in nocase shall there be elected or appointed to a municipal office ecclesiastics, soldiers in active service, persons receiving salaries from provincial funds, or contractors for public works." The CFI dismissed the petition on the ground that the ineligibility has been impliedly repealed by section 23 of the 1971 Election Code.
HELD: The voting of the SC was inconclusive. Seven justices held that section 2175 is no longer operative. Justice Fernando held that section 2175 imposed a religious test on the exercise of the right to run for public office contrary to Art. III of the 1935 Constitution. Justice Teehankee held that section 2175 had been repealed by the Election Code. Five justices held that section 2175 is constitutional.
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