February 4, 2002
FACTS:
·
Adormeo
and Talaga, Jr. filed their certificates of candidacy for mayor of Lucena City
for the 2001 elections.
·
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:
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.
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.
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.
