Facts:
Ramon Talaga, Jr. served as mayor of
Lucena City during terms 1992-1995 and 1995-1998. During the 1998 elections,
Talaga lost to Bernard G. Tagarao. However, before Tagarao’s 1998-2001 term
ended, a recall election was conducted in May 2000 wherein Talaga won and
served the unexpired term of Tagarao until June 2001. When Talaga ran for mayor
in 2001, his candidacy was challenged on the ground he had already served as mayor
for three consecutive terms for violation of the three term-limit rule.
COMELEC on April of 2001 found Talaga as disqualified to run for
mayor. Talaga filed MR which COMELEC granted. Talaga was then elected Mayor.
Issue:
WON Talaga was disqualified to
run as mayor given that he had already served two full terms and he won in 2000
recall elections.
Held:
No. The term limit for elective local officials must be taken to
refer to the right to be elected as well as the right to serve in the same
elective position. Consequently, it is
not enough that an individual has served three consecutive terms in an elective
local office, he must also have been elected to the same position for the same
number of times before the disqualification can apply.
For nearly two years Talaga was a private citizen. The continuity of his mayorship was
disrupted by his defeat in the 1998 elections. The time between his second
term and the recall election is sufficient interruption. Thus, there was no
three consecutive terms as contemplated in the disqualifications in the LGC.
Talaga only served two consecutive full terms. There was a
disruption when he was defeated in the 1998 elections. His election during the
2000 recall election is not a continuation of his two previous terms which
could constitute his third term thereby barring him for running for a fourth
term. Victory in the 2000 recall election is not the “voluntary renunciation”
contemplated by the law. (Adormeo vs Comelec, G.R. No. 147927. February 4, 2002)
● The
remainder of Tagarao’s term after the recall election during which Talaga
served as mayor should not be considered for purposes of applying the
three-term limit rule. The Court emphasized that the continuity of Talaga’s
mayorship was disrupted by his defeat during the 1998 elections.
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