FACTS:
The case is a resolution of two consolidated
petitions – one filed by Attys. Venancio Q. Rivera III and Atty. Normandick de
Guzman against Marino “Boking Morales, and the other one filed by Anthony D.
Dee, the candidate who obtained the second highest vote after Morales.
In the May 2004 Synchronized National and
Local Elections, respondent Marino "Boking" Morales ran as candidate
for mayor of Mabalacat, Pampanga for the term commencing July 1, 2004 to June
30, 2007. Petitioners filed with the
COMELEC a petition to cancel respondent Morales’ Certificate of Candidacy on
the ground that he was elected and had served three previous consecutive terms
as mayor of Mabalacat. They alleged that his candidacy violated Section 8,
Article X of the Constitution and Section 43 (b) of RA 7160.
Respondent Morales admitted that he was
elected mayor of Mabalacat for the term commencing July 1, 1995 to June 30,
1998 (first term) and July 1, 2001 to June 30, 2004 (third term), but he served
the second term from July 1, 1998 to June 30, 2001 only as a "caretaker of
the office" or as a "de facto officer" since his proclamation as
mayor was declared void by the Regional Trial Court (RTC). He was also
preventively suspended by the Ombudsman in an anti-graft case from January to
July 1999.
ISSUE:
Whether or not Morales violated the three-‐term limit rule when he ran for
re-‐election as mayor in the
2004 elections.
HELD:
For the three-term limit for elective local
government officials to apply, two conditions or requisites must concur, to
wit: (1) that the official concerned has been elected for three consecutive terms
in the same local government post, and (2) that he has fully served three
consecutive terms.
Respondent Morales was elected for the term
July 1, 1998 to June 30, 2001. He assumed the position. He served as mayor
until June 30, 2001. He was mayor for the entire period notwithstanding the
Decision of the RTC in the electoral protest case filed by petitioner Dee
ousting him (respondent) as mayor. Respondent Morales is now serving his fourth
term. He has been mayor of Mabalacat continuously without any break since July
1, 1995. In just over a month, by June 30, 2007, he will have been mayor of
Mabalacat for twelve (12) continuous years. His assumption of office for the
second term constituted “service for the full term” and should be counted as a
full term served in contemplation of the three-term limit prescribed by the
constitutional and statutory provisions barring local elective officials from
being elected and serving for more than three consecutive terms for the same
position.
The framers of the Constitution, by including
this exception, wanted to establish some safeguards against the excessive accumulation
of power as a result of consecutive terms. Therefore, having found respondent
Morales ineligible, his Certificate of Candidacy dated December 30, 2003 should
be cancelled. Not being a candidate, the votes cast for him SHOULD NOT BE
COUNTED and must be considered stray votes. (
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