Socrates vs Comelec

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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Mendoza vs Comelec

FACTS:

Respondent Leonardo B. Roman held the post of Governor of Bataan province a number of times:

a) 1986 – 1988 Appointed OIC Governor of Bataan by former Pres. Aquino   

       and served up to 1988

b) 1988 – 1992 Elected Governor and served up to 1992

c) 1994 – 1995 Elected Governor during the recall election in 1993, assumed 

       office on 28 June 1994 and served up to 1995

d) 1995 – 1998 Elected Governor and served up to1998

e) 1998 – 2001 Elected Governor and served up to 2001.

In 2001, private respondent Roman again filed a certificate of candidacy for the same post in the 14 May 2001 regular elections. On 16 May 2001, Leonardo Roman was proclaimed by the Provincial Board of Canvassers of Bataan.

Petitioners Melanio L. Mendoza and Mario E. Ibarra seek to declare respondent Roman’s election as governor of Bataan as null and void for allegedly being contrary to Art. X, §8 of the Constitution

ISSUE:

WON Private Respondent's incumbency to the post of Governor following the recall elections be included in determining the three-­consecutive term limit fixed by law

HELD:

No. A winner who dislodges in a recall election an incumbent elective local official merely serves the balance of the latter's term of office; it is not a full three-­year term.

The law contemplates a continuous full three-­year term before the proscription can apply, providing for only one exception, i.e., when an incumbent voluntarily gives up the office. If involuntary severance from the service which results in the incumbent’s being unable to finish his term of office because of his ouster through valid recall proceedings negates “one term” for purposes of applying the three-­‐term limit, it stands to reason that the balance of the term assumed by the newly elected local official in a recall election should not also be held to be one term in reckoning the three-­term limit.

In both situations, neither the elective local official who is unable to finish his term nor the elected local official who only assumes the balance of the term of the ousted local official following the recall election could be considered to have served a full three-­year term set by the Constitution.

The Constitution does not prohibit elective local officials from serving for more than three consecutive terms because, in fact, it excludes from the three-term limit interruptions in the continuity of service, so long as such interruptions are not due to the voluntary renunciation of the office by an incumbent.  Hence, the period from June 28, 1994 to June 30, 1995, during which respondent Leonardo B. Roman served as governor of Bataan by virtue of a recall election held in 1993, should not be counted.  Since on May 14, 2001 respondent had previously served as governor of Bataan for only two consecutive terms (1995-1998 and 1998-2001), his election on that day was actually only his third term for the same position. 

A recall term should not be considered as one full term, because a contrary interpretation would in effect cut short the elected official’s service to less than nine years and shortchange his constituents.  The desire to prevent monopoly of political power should be balanced against the need to uphold the voters’ obvious preference who, in the present case, is Roman who received 97 percent of the votes cast.

(Note: Court voted 8 to 7 to DISMISS the petition.)

VITUG, J., joined by YNARES-­‐SANTIAGO, J., voted to dismiss the petition. MENDOZA,   J., in whose opinion QUISUMBING, J. joined, voted to dismiss the petition on the ground that a term during     which succession to a local elective office takes place or a recall election is held should not be counted in determining whether an elective local official has served more than three consecutive terms. He argued that the Constitution does not prohibit elective local officials from serving for more than three consecutive terms because, in fact, it excludes from the three-­‐term limit interruptions in the continuity of service, so long as such interruptions are not due to the voluntary renunciation of the office by an incumbent.

PANGANIBAN, J., joined by PUNO, J., also voted to dismiss the petition. He argued that a recall term should not be considered as one full term, because a contrary interpretation would in effect cut short the elected official's service to less than nine years and shortchange his constituents. The desire to prevent monopoly of political power should be balanced against the need to uphold the voters' obvious preference who, in the present case, is Roman who received 97 percent of the votes cast.

AZCUNA, J., joined by BELLOSILLO, J., also voted to dismiss, arguing that it is clear from the constitutional provision that the disqualification applies only if the terms are consecutive and the service is full and continuous. Hence, service for less than a term, except only in case of voluntary renunciation, should not count to disqualify an elective local official from running for the same position.

SANDOVAL-­‐GUTIERREZ, J., with whom DAVIDE, C.J., and AUSTRIA-­‐MARTINEZ, CORONA, and CALLEJO, SR., JJ. concurred, holds the view that the recall term served by respondent Roman, comprising the period June 28, 1994 to June 30, 1995, should be considered as one term.

CARPIO, J., joined by CARPIO-­‐MORALES, J., also dissented and voted to grant the petition. He held that a recall term constitutes one term and that to totally ignore a recall term in determining the three-term limit would allow local officials to serve for more than nine consecutive years contrary to the manifest intent of the framers of the Constitution. He contended that respondent Roman's election in 2001 cannot exempt him from the three-­term limit imposed by the Constitution. (Mendoza vs. Comelec, G.R. No. 154512.  November 12, 2002)

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Lonzanida vs Comelec

Facts:

Romeo Lonzanida was elected and had served as municipal mayor of San Antonio, Zambales in terms 1989-1992, 1992-1995 and 1995-1998. However, his proclamation relative to the 1995 election was protested and was eventually declared by the RTC and then by COMELEC null and void on the ground of failure of elections.

On February 27, 1998, or about three months before the May 1998 elections, Lonzanida vacated the mayoralty post in light of a COMELEC order and writ of execution it issued.  Juan Alvez, Lonzanida’s opponent assumed office for the remainder of the term.

In the May 1998 elections, Lonzanida again filed his certificate of candidacy. His opponent, Efren Muli, filed a petition for disqualification on the ground that Lonzanida had already served three consecutive terms in the same post. On May 13, 1998, petitioner Lonzanida was proclaimed winner.

The COMELEC granted the petition for disqualification.

Petitioner Lonzanida challenged the validity of the COMELEC resolution maintaining that he was duly elected mayor for only two consecutive terms and that his assumption of office in 1995 cannot be counted as service of a term for the purpose of applying the three term limit for local government officials, because he was not the duly elected mayor of San Antonio in the May 1995 elections. He also argued that the COMELEC ceased to have jurisdiction over the petition for disqualification after he was proclaimed winner in the 1998 mayoral elections as the proper remedy is a petition for quo warranto with the appropriate regional trial court under Rule 36 of the COMELEC Rules of Procedure.

The private respondent maintained that the petitioner’s assumption of office in 1995 should be considered as service of one full term because he discharged the duties of mayor for almost three years until March 1, 1998 or barely a few months before the next mayoral elections.

Issues:

1. WON petitioner’s assumption of office as mayor of San Antonio Zambales from May 1995 to 1998 may be considered as service of one full term for the purpose of applying the three-term limit for elective local government officials.

2. WON COMELEC ceased to have jurisdiction over the petition for disqualification after petitioner was proclaimed winner.

Held:

1. NO. Two conditions for the application of the disqualification must concur:  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. 

“To recapitulate, 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.”

The two requisites for the application of the three term rule are absent.  First, the petitioner cannot be considered as having been duly elected to the post in the May 1995 elections, and second, the petitioner did not fully serve the 1995-1998 mayoral term by reason of involuntary relinquishment of office. 

After a re-appreciation and revision of the contested ballots the COMELEC itself declared by final judgment that petitioner Lonzanida lost in the May 1995 mayoral elections and his previous proclamation as winner was declared null and void.  His assumption of office as mayor cannot be deemed to have been by reason of a valid election but by reason of a void proclamation.  It has been repeatedly held by this court that a proclamation subsequently declared void is no proclamation at all and while a proclaimed candidate may assume office on the strength of the proclamation of the Board of Canvassers he is only a presumptive winner who assumes office subject to the final outcome of the election protest. Lonzanida did not serve a term as mayor of San Antonio, Zambales from May 1995 to March 1998 because he was not duly elected to the post; he merely assumed office as presumptive winner, which presumption was later overturned by the COMELEC when it decided with finality that Lonzanida lost in the May 1995 mayoral elections.

Second, the petitioner cannot be deemed to have served the May 1995 to 1998 term because he was ordered to vacate his post before the expiration of the term.  The respondents’ contention that the petitioner should be deemed to have served one full term from May 1995-1998 because he served the greater portion of that term has no legal basis to support it; it disregards the second requisite for the application of the disqualification, i.e., that he has fully served three consecutive terms.  The second sentence of the constitutional provision under scrutiny states, “Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which he was elected. “The clear intent of the framers of the constitution to bar any attempt to circumvent the three-term limit by a voluntary renunciation of office and at the same time respect the people’s choice and grant their elected official full service of a term is evident in this provision.  Voluntary renunciation of a term does not cancel the renounced term in the computation of the three term limit; conversely, involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service.  The petitioner vacated his post a few months before the next mayoral elections, not by voluntary renunciation but in compliance with the legal process of writ of execution issued by the COMELEC to that effect.  Such involuntary severance from office is an interruption of continuity of service and thus, the petitioner did not fully serve the 1995-1998 mayoral term.

In sum, the petitioner was not the duly elected mayor and that he did not hold office for the full term; hence, his assumption of office from May 1995 to March 1998 cannot be counted as a term for purposes of computing the three term limit.  The Resolution of the COMELEC finding him disqualified on this ground to run in the May 1998 mayoral elections should therefore be set aside.

2. NO. It was held in the case of Sunga vs. COMELEC that the proclamation or the assumption of office of a candidate against whom a petition for disqualification is pending before the COMELEC does not divest the COMELEC of jurisdiction to continue hearing the case and to resolve it on the merits.

Section 6 of RA 6646 specifically mandates that:

“Sec. 6.  Effects of disqualification Case.- any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted.  If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the court or commission shall continue with the trial and hearing of the action, inquiry or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong.”

The clear legislative intent is that the COMELEC should continue the trial and hearing of the disqualification case to its conclusion i.e., until judgment is rendered. The outright dismissal of the petition for disqualification filed before the election but which remained unresolved after the proclamation of the candidate sought to be disqualified will unduly reward the said candidate and may encourage him to employ delaying tactics to impede the resolution of the petition until after he has been proclaimed.

It must be emphasized that the purpose of a disqualification proceeding is to prevent the candidate from running or, if elected, from serving, or to prosecute him for violation of the election laws.  Obviously, the fact that a candidate has been proclaimed elected does not signify that his disqualification is deemed condoned and may no longer be the subject of a separate investigation.” (Lonzanida vs. Comelec, G.R. No. 135150.  July 28, 1999)

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Montebon vs Comelec

DOCTRINE:

Succession in local government office is by operation of law and as such, it is an involuntary severance from office.

QUICK FACTS:

Montebon had been elected for three consecutive terms as municipal councilor of Tuburan, Cebu in 1998-2001, 2001-2004, and 2004-2007. However, in January 2004, or during his second term, Montebon succeeded and assumed the position of vice-mayor of Tuburan when the incumbent vice-mayor retired. When Montebon filed his certificate of candidacy againas municipal councilor, a petition for disqualification was filed against him based on the three-term limit rule.

FACTS:

Petitioners Montebon and Ondy and respondent Potencioso, Jr. were candidates for municipal councilor of the Municipality of Tuburan, Cebu for the May 14, 2007 Elections.

On April 30, 2007, petitioners and other candidates for municipal councilor filed a petition for disqualification against respondent with the COMELEC alleging that respondent had been elected and served three consecutive terms as municipal councilor in 1998-­2001, 2001-­2004, and 2004-­2007. Thus, he is proscribed from running for the same position in the 2007 elections as it would be his fourth consecutive term.

In his answer, respondent argues that he cannot be disqualified on the ground of the 3 term limit rule because his second term was interrupted when he assumed the position of vice-­mayor due to the retirement of elected vice-­mayor Petronilo Mendoza.

Petitioners maintain that respondent's assumption of office as vice-­mayor in January 2004 should not be considered an interruption in the service of his second term since   it was a voluntary renunciation of his office as municipal councilor. They argued that, according to the law (constitution and LGC), voluntary renunciation of the office for any length of time shall not be considered an interruption in the continuity of service for the full term for which the official concerned was elected.

On June 2, 2007, the COMELEC First Division denied the petition for disqualification ruling that respondent's assumption of office as vice-­mayor should be considered an interruption in the continuity of his service. His second term having been involuntarily interrupted, respondent should thus not be disqualified to seek reelection as municipal councilor.

On appeal, the COMELEC En Banc upheld the ruling of the First Division. Petitioners filed the instant petition for certiorari on the ground that the COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction in ruling that respondent's assumption of office as vice-mayor in January 2004 interrupted his 2001-­2004 term as municipal councilor.

ISSUE:

WON the private respondents’ assumption of the vice-­mayor office, by virtue of succession, can be considered as an effective disruption in his full service of his second term as councilor.

HELD:

YES.  In Lonzanida v. Commission on Elections, the Court held that the two conditions for the application of the disqualification must concur: 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.

In Borja, Jr. v. Commission on Elections, the Court emphasized that the term limit for elective officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. Thus, for the disqualification to apply, it is not enough that the official has been elected three consecutive times; he must also have served three consecutive terms in the same position.

In Lonzanida v. Commission on Elections, the Court explained the concept of voluntary renunciation as follows:

The second sentence of the constitutional provision under scrutiny states, ‘Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which he was elected.’ The clear intent of the framers of the constitution to bar any attempt to circumvent the three-term limit by a voluntary renunciation of office and at the same time respect the people’s choice and grant their elected official full service of a term is evident in this provision. Voluntary renunciation of a term does not cancel the renounced term in the computation of the three term limit; conversely, involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service.

While it is undisputed that respondent was elected municipal councilor for three consecutive terms, the issue lies on whether he is deemed to have fully served his second term in view of his assumption of office as vice-mayor of Tuburan on January 12, 2004.

Succession in local government offices is by operation of law.  Section 44 of Republic Act No. 7160, provides that if a permanent vacancy occurs in the office of the vice mayor, the highest ranking sanggunian member shall become vice mayor.

In this case, a permanent vacancy occurred in the office of the vice mayor due to the retirement of Vice Mayor Mendoza. Respondent, being the highest ranking municipal councilor, succeeded him in accordance with law. Thus, respondent's assumption of office as vice-­mayor in January 2004 was an involuntary severance from his office as municipal councilor, resulting in an interruption in the service of his 2001-­2004 term. It cannot be deemed to have been by reason of voluntary renunciation because it was by operation of law.

We quote with approval the ruling of the COMELEC that –­

 The legal successor is not given any option under the law on whether to accept the vacated post or not. Section 44 of the Local Government Code makes no exception. Only if the highest-­‐ ranking councilor is permanently unable to succeed to the post does the law speak of alternate succession. Under no circumstances can simple refusal of the official concerned be considered as permanent inability within the contemplation of law.

Thus, succession by law to a vacated government office is characteristically not voluntary since it involves the performance of a public duty by a government official, the non-­performance of which exposes said official to possible administrative and criminal charges of dereliction of duty and neglect in the performance of public functions. It is therefore more compulsory and obligatory rather than voluntary. (Montebon vs. Comelec, G.R. No. 180444.  April 9, 2008)

● The Court ruled that Montebon’s assumption of office as vice-mayor in January 2004 was an interruption of his continuity of service as councilor. The Court emphasized that succession in local government office is by operation of law and as such, it is an involuntary severance from office. Since the law no less allowed Montebon to vacate his post as councilor in order to assume office as vicemayor, his occupation of the higher office cannot, without more, be deemed as a voluntary renunciation of his position as councilor. 

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Borja vs Comelec

Facts:

Jose T. Capco, Jr., was elected as Vice-Mayor of Pateros on January 18, 1988 for a term ending on June 30, 1992. On September 2, 1989, Capco became Mayor, by operation of law, upon the death of the incumbent, Cesar Borja. Thereafter, Capco was elected and served as Mayor for two more terms, from 1992 to 1998.

On March 27, 1998, Capco filed a Certificate of Candidacy for Mayor of Pateros in the May 11, 1998 elections. Petitioner Benjamin U. Borja, Jr., who was also a candidate for mayor, sought Capco’s disqualification on the ground that Capco would have already served as Mayor for 3 consecutive terms by June 30, 1998; hence, he would be ineligible to serve for another term.

The Second Division of the COMELEC ruled in favor of Borja and declared Capco disqualified but the COMELEC en banc reversed the decision and declared Capco eligible to run for mayor.

Capco was subsequently voted and proclaimed as mayor.

Issue:

Whether or not a vice-­mayor who succeeds to the office of mayor by operation of law and serves the remainder of the term is considered to have served a term in that office for the purpose of the three-term limit.

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 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. Capco was qualified to run again as mayor in the next election because he was not elected to the office of mayor in the first term but simply found himself thrust into it by operation of law. Neither had he served the full term because he only continued the service, interrupted by the death, of the deceased mayor. The vice-mayor’s assumption of the mayorship in the event of the vacancy is more a matter of chance than of design. Hence, his service in that office should not be counted in the application of any term limit.

● The policy embodied in the constitutional provision (Art. X, §8) is not only to prevent the establishment of political dynasties but also to enhance the freedom of choice of the people. A consideration of the historical background of Art. X, §8 of the Constitution reveals that the members of the Constitutional Commission were as much concerned with preserving the freedom of choice of the people as they were with preventing the monopolization of political power. In discussing term limits, the drafters of the Constitution did so on the assumption that the officials concerned were serving by reason of election.

To consider Capco to have served the first term in full and therefore ineligible to run a third time for reelection would be not only to falsify reality but also to unduly restrict the right of the people to choose whom they wish to govern them. (Borja vs. Comelec, G.R. No. 133495.  September 3, 1998)

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Rivera vs Comelec

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. (Rivera vs. Comelec, G.R. No. 167591. May 9, 2007)

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Dizon vs Comelec

FACTS:

Roberto L. Dizon, a resident and taxpayer of Mabalacat, Pampanga, filed a case with the COMELEC to disqualify Marino P. Morales, the incumbent mayor of Mabalacat on the ground that the latter was elected and had fully served three previous consecutive terms in violation of Section 43 of the Local Government Code. Dizon alleged that Morales was municipal mayor in 1995, 1998, 2001 and 2004. Thus, Morales should not have been allowed to have filed his Certificate of Candidacy on March 2007 for the same position and same municipality.

Morales, on the other hand, contended that he is still eligible and qualified to run as mayor of Mabalacat because he was not elected for the said position in the 1998 elections. He averred that the COMELEC en banc affirmed the decision of the RTC declaring Anthony D. Dee as the duly elected Mayor of Mabalacat in the 1998 elections. Thus, he was not elected for the said position in the 1998 elections. His term should be reckoned from 2001. He added that his election in 2004 is only for his second term.

COMELEC Second Division ruled in favor of Morales and denied the petition. It took judicial notice of SC’s ruling in the Rivera case promulgated on May 9, 2007 where it was held that Morales was elected as mayor of Mabalacat in 1995, 1998 and 2001 (notwithstanding the RTC Decision in an electoral protest case that the then proclamation of Morales was void). The SC ruled in that case that Morales violated the three-­term limit under Section 43 of the LGC. Hence, Morales was considered not a candidate in the 2004 elections, and this failure to qualify for the 2004 elections is a gap and allows him to run again for the same position in 2007 elections.

Dizon filed a motion for reconsideration before the COMELEC En Banc. COMELEC En Banc: affirmed. The three-­term limit is not applicable here for: 1) Morales was not the duly-­elected mayor of Mabalacat for the July 1, 2004 to June 30, 2007 term primordially because he was not even considered a candidate thereat; and 2) Morales has failed to serve the entire duration of the term of office because he has already relinquished the disputed office on May 16, 2007 which is more than a month prior to the end of his supposed term.

ISSUES:

1. WON the period served by Morales in the 2004-­2007 term (although he was ousted from his office as Mayor on May16, 2007) should be considered his fourth term

2. WON the 2007-­2010 term of Morales is his 5th term

HELD:

1.  NO. In our decision promulgated on 9 May 2007, this Court unseated Morales during his fourth term. We cancelled his Certificate of Candidacy dated 30 December 2003. This cancellation disqualified Morales from being a candidate in the May 2004 elections. The votes cast for Morales were considered stray votes.

Both Article X, Section 8 of the Constitution and Section 43(b) of the Local Government Code state that the term of office of elective local officials, except barangay officials, shall be three years, and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

There should be a concurrence of two conditions for the application of the disqualification: (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.

In the Rivera case, we found that Morales was elected as mayor of Mabalacat for four consecutive terms: 1 July 1995 to 30 June 1998, 1 July 1998 to 30 June 2001, 1 July 2001 to 30 June 2004, and 1 July 2004 to 30 June 2007. We disqualified Morales from his candidacy in the May 2004 elections because of the three-term limit. Although the trial court previously ruled that Morales’ proclamation for the 1998-2001 term was void, there was no interruption of the continuity of Morales’ service with respect to the 1998-2001 term because the trial court’s ruling was promulgated only on 4 July 2001, or after the expiry of the 1998-2001 term.

Our ruling in the Rivera case served as Morales’ involuntary severance from office with respect to the 2004-2007 term. Involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. Our decision in the Rivera case was promulgated on 9 May 2007 and was effective immediately. The next day, Morales notified the vice mayor’s office of our decision. The vice mayor assumed the office of the mayor from 17 May 2007 up to 30 June 2007. The assumption by the vice mayor of the office of the mayor, no matter how short it may seem to Dizon, interrupted Morales’ continuity of service. Thus, Morales did not hold office for the full term of 1 July 2004 to 30 June 2007. (4^th term)

2. Dizon claims that the 2007-2010 term is Morales’ fifth term in office. NO. Morales occupied the position of mayor of Mabalacat for the following periods:

1 July 1995 to 30 June 1998

1 July 1998 to 30 June 2001

1 July 2001 to 30 June 2004, and

1 July 2004 to 16 May 2007.

However, because of his disqualification, Morales was not the duly elected mayor for the 2004-2007 term. Neither did Morales hold the position of mayor of Mabalacat for the full term. Morales cannot be deemed to have served the full term of 2004-2007 because he was ordered to vacate his post before the expiration of the term. Morales’ occupancy of the position of mayor of Mabalacat from 1 July 2004 to 16 May 2007 cannot be counted as a term for purposes of computing the three-term limit. Indeed, the period from 17 May 2007 to 30 June 2007 served as a gap for purposes of the three-term limit rule. Thus, the present 1 July 2007 to 30 June 2010 term is effectively Morales’ first term for purposes of the three-term limit rule.

● Dizon alleges that Morales "was able to serve his fourth term as mayor through lengthy litigations. In other words, he was violating the rule on three-term limit with impunity by the sheer length of litigation and profit from it even more by raising the technicalities arising therefrom." To this, we quote our ruling in Lonzanida v. COMELEC:

“The respondents harp on the delay in resolving the election protest between petitioner and his then opponent Alvez which took roughly about three years and resultantly extended the petitioner’s incumbency in an office to which he was not lawfully elected. We note that such delay cannot be imputed to the petitioner. There is neither specific allegation nor proof that the delay was due to any political maneuvering on his part to prolong his stay in office. Moreover, protestant Alvez, was not without legal recourse to move for the early resolution of the election protest while it was pending before the regional trial court or to file a motion for the execution of the regional trial court’s decision declaring the position of mayor vacant and ordering the vice-mayor to assume office while the appeal was pending with the COMELEC. Such delay which is not here shown to have been intentionally sought by the petitioner to prolong his stay in office cannot serve as basis to bar his right to be elected and to serve his chosen local government post in the succeeding mayoral election.” (Dizon v. Comelec, G.R. No. 182088, January 30, 2009)

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Bolos vs Comelec

Facts:

Petitioner Bolos was elected as the Punong Barangay of Barangay Biking, Dauis, Bohol for 3 consecutive terms (1994,1997, 2002).

In May 2004, during his incumbency, he ran for Municipal Councilor of Dauis and won. He assumed office on July 1, 2004 leaving his post as Punong Barangay.

After serving his term as a councilor he filed his candidacy for the position of Punong Barangay in the October 29, 2007 Barangay and Sangguniang Kabataan Elections. Cinconiegue, then incumbent Punong Barangay and also a candidate for the same office, filed a petition for disqualification on the ground that Bolos Jr. has already served the maximum limit of three­ term hence no longer eligible to run and hold the position in accordance with Sec. 8, Article X of the Constitution and Sec. 43 (b) of RA 7160 or the Local Government Code of 1991.

Cinconiegue contended that Bolos’ relinquishment of the position of Punong Barangay in July 2004 was voluntary on his part, as it could be presumed that it was his personal decision to run as municipal councilor in the May 14, 2004 National and Local Elections. He added that petitioner knew that if he won and assumed the position, there would be a voluntary renunciation of his post as Punong Barangay.

In his Answer, petitioner argued that when he assumed the position of Sangguniang Bayan member, he left his post as Punong Barangay by operation of law; hence, it must be considered as an involuntary interruption in the continuity of his last term of service.

Pending the resolution of the case before the COMELEC, Bolos Jr. won in the election.

The COMELEC resolved the petition in favor of Cinconiegue ruling that Bolos Jr. has already served the maximum three consecutive term for an office and thus disqualified to run for the same office. It further ordered that the proclamation of Bolos Jr. be annulled and that the office will be succeeded based on Sec. 44 of the Local Government Code.

Issue: 

Whether or not there was a voluntary renunciation of the office of Punong Barangay by Bolos Jr. when he assumed the post of Municipal Councilor so that he is deemed to have served for three consecutive terms.

Held: 

YES. The three-­term limit for elective official is contained in Sec. 8, Article X of the Constitution states:

“Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.”

The Local Government Code provides for the term of office of Barangay Officials:

Sec. 43. Term of Office. – x x x (b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.

(c) The term of barangay officials and members of the sangguniang kabataan shall be for five (5) years, which shall begin after the regular election of barangay officials on the second Monday of May 1997: Provided, that the sangguniang kabataan members who were elected in the May 1996 elections shall serve until the next regular election of barangay officials.

Socrates v. Comelec held that the rule on the three-term limit, embodied in the Constitution and the Local Government Code, has two parts: x x x 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 local official cannot seek immediate reelection for a fourth term. The prohibited election refers to the next regular election for the same office following the end of the third consecutive term.

In Lonzanida v. Comelec, the Court stated that the second part of the rule on the three-term limit shows the clear intent of the framers of the Constitution to bar any attempt to circumvent the three-term limit by a voluntary renunciation of office and at the same time respect the people’s choice and grant their elected official full service of a term. The Court held that two conditions for the application of the disqualification must concur: (1) that the official concerned has been elected for three consecutive terms in the same government post; and (2) that he has fully served three consecutive terms.

In this case, it is undisputed that petitioner was elected as Punong Barangay for three consecutive terms, satisfying the first condition for disqualification.

What is to be determined is whether petitioner is deemed to have voluntarily renounced his position as Punong Barangay during his third term when he ran for and won as Sangguniang Bayan member and assumed said office.

The Court agrees with the COMELEC that petitioner’s relinquishment of the office of Punong Barangay of Biking, Dauis, Bohol, as a consequence of his assumption to office as Sangguniang Bayan member of Dauis, Bohol, on July 1, 2004, is a voluntary renunciation.

When petitioner filed his certificate of candidacy for the Office of Sangguniang Bayan, he was not deemed resigned. Nonetheless, all the acts attending his pursuit of his election as municipal councilor point out to an intent and readiness to give up his post as Punong Barangay once elected to the higher elective office, for it was very unlikely that respondent had filed his Certificate of Candidacy for the Sangguniang Bayan post, campaigned and exhorted the municipal electorate to vote for him as such and then after being elected and proclaimed, return to his former position. He knew that his election as municipal councilor would entail abandonment of the position he held, and he intended to forego of it. Abandonment, like resignation, is voluntary.

Petitioner erroneously argues that when he assumed the position of Sangguniang Bayan member, he left his post as Punong Barangay by operation of law; hence, he did not fully serve his third term as Punong Barangay.

The term "operation of law" is defined by the Philippine Legal Encyclopedia as "a term describing the fact that rights may be acquired or lost by the effect of a legal rule without any act of the person affected." Black's Law Dictionary also defines it as a term that "expresses the manner in which rights, and sometimes liabilities, devolve upon a person by the mere application to the particular transaction of the established rules of law, without the act or cooperation of the party himself. 

An interruption in the service of a term of office, by operation of law, is exemplified in Montebon v. Comelec and Borja vs. Comelec. In this case, petitioner did not fill or succeed to a vacancy by operation of law. He instead relinquished his office as Punong Barangay during his third term when he won and assumed office as Sangguniang Bayan member of Dauis, Bohol, which is deemed a voluntary renunciation of the Office of Punong Barangay. (Bolos v. Comelec, G.R. No. 184082, March 17, 2009)

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Adormeo vs Comelec

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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