FACTS:
Hagedorn had been elected and
served as mayor of Puerto Princesa City for three consecutive terms: in
1992-1995, 1995-1998 and 1998-2001. Obviously aware of the three-term limit
principle, Hagedorn opted not to vie for the same mayoralty position in the
2001 elections, in which Socrates ran and eventually won. However, midway into
his term, Socrates faced recall proceedings and in the recall election held,
Hagedorn run for the former’s unexpired term as mayor. Socrates sought
Hagedorn’s disqualification under the three-term limit rule.
ISSUE:
WON Hagedorn is disqualified to
run under the three-term limit rule
HELD:
These constitutional and
statutory provisions have two parts. The first part provides that an elective
local official cannot serve for more than three consecutive terms. The clear
intent is that only consecutive terms count in determining the three-term
limit rule. The second part states that voluntary renunciation of office for
any length of time does not interrupt the continuity of service. The clear
intent is that involuntary severance from office for any length of time
interrupts continuity of service and prevents the service before and after the
interruption from being joined together to form a continuous service or
consecutive terms.
After three consecutive terms, an
elective official cannot immediate re-election for a fourth term, The
prohibited election refers to the next regular election for a fourth term. The
prohibited election refers to the next regular election for the same office
following the same office following the third consecutive term. Any subsequent
election, like a recall election, is no longer covered by the prohibition for
two reasons: 1) A subsequent election like a recall election, is no longer an
immediate reelection after the three consecutive terms; and 2) The intervening
period constitutes an involuntary interruption in the continuity of service.
After Hagedorn ceased to be mayor on June 30,
2001, he became a private citizen until the recall election of September 24,
2002 when he won by 3,018 votes over his closest opponent, Socrates.
From June 30, 2001 until the recall election
on September 24, 2002, the mayor of Puerto Princesa was Socrates. During the
same period, Hagedorn was simply a private citizen. This period is clearly an interruption in the continuity of Hagedorn’s
service as mayor, not because of his voluntary renunciation, but because of a
legal prohibition. (Socrates vs. Comelec, G.R. No. 154512. November 12, 2002)
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