February 4, 2002

·         Adormeo and Talaga, Jr. filed their certificates of candidacy for mayor of Lucena City for the 2001 elections.
·         Talaga, Jr. was then the incumbent mayor. He was elected mayor in 1992 and was again re-elected in 1995-1998. In the election of 1998, he lost, however, in the recall election of May 2000, he won and served the unexpired term.
·         Adormeo filed a Petition to Cancel Certificate of Candidacy and/or Disqualification of Talaga, Jr., on the ground that the latter was elected and had served as city mayor for 3 consecutive terms.
·         Talaga, Jr. responded that he was not elected City Mayor for 3 consecutive terms but only for 2 consecutive terms since he was defeated in the 1998 election, interrupting the consecutiveness of his years as mayor.
·         COMELEC First Division found Talaga, Jr. disqualified for the position of city mayor.
·         Talaga filed a motion for reconsideration.
           COMELEC Ruling:
1) respondent was not elected for three (3) consecutive terms because he did not win in the 1998 elections;
2) that he was installed only as mayor by reason of his victory in the recall elections;
3) that his victory in the recall elections was not considered a term of office and is not included in the 3-term disqualification rule, and
4) that he did not fully serve the three (3) consecutive terms, and his loss in the 1998 elections is considered an interruption in the continuity of his service as Mayor of Lucena City.
After canvassing, Talaga, Jr. was proclaimed as the duly elected Mayor of Lucena City.

ISSUE:                  W/N Talaga, Jr was disqualified to run for mayor of in the elections on the basis of three-   term limit

RULING:               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. 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 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. COMELECs ruling that private respondent was NOT elected for three  consecutive terms should be upheld. The continuity of his mayorship was disrupted by his defeat in the 1998 elections.

·         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. 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.

WHEREFORE, the instant petition file by Adormeo is hereby DISMISSED.#

Constition Art X 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.

ABS-CBN Broadcasting Corp v. COMELEC

ABS-CBN Broadcasting Corp v. COMELEC
January 28, 2000


          COMELEC issued a Resolution approving the issuance of a restraining order to stop ABS CBN or any other groups, its agents or representatives from conducting exit surveys.  The Resolution was issued by

Tsai v. CA

October 2, 2001

            Ever Textile Mills, Inc. (EVERTEX) obtained loan from Philippine Bank of Communications (PBCom), secured by a deed of Real and Chattel Mortgage over the lot where its factory stands, and the chattels located therein as enumerated in a schedule attached to the mortgage contract.  PBCom again granted a second loan to EVERTEX which was secured by a Chattel Mortgage over personal properties enumerated in a list attached thereto.  These listed properties were similar to those listed in the first mortgage deed.  After the date of the execution of the second mortgage mentioned above, EVERTEX purchased various machines and equipments.  Upon EVERTEX's failure to meet