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Borja vs Comelec, Election Law Digest

September 1, 2008

G.R. No. 133495.  September 3, 1998

BENJAMIN U. BORJA, JR., petitioner vs. COMMISSION ON ELECTIONS and JOSE T. CAPCO, JR., respondents. MENDOZA, J.

Facts:

Private respondent Jose T. Capco, Jr. was elected vice-mayor of Pateros on January 18, 1988 for a term ending June 30, 1992.  On September 2, 1989, he became mayor, by operation of law, upon the death of the incumbent, Cesar Borja.  For the next two succeeding elections in 1992 and 1995, he was again re-elected as Mayor. 

On March 27, 1998, private respondent Capco filed a certificate of candidacy for mayor of Pateros relative to the May 11, 1998 elections.  Petitioner Benjamin U. Borja, Jr., who was also a candidate for mayor, sought Capco’s disqualification on the theory  that the latter would have already served as mayor for three consecutive terms by June 30, 1998 and would therefore be ineligible to serve for another term after that.

The Second Division of the Commission on Elections ruled in favor of petitioner and declared private respondent Capco disqualified from running for reelection as mayor of Pateros but in the motion for reconsideration, majority overturned the original decision. 

Issue:

Whether Capco has served for three consecutive terms as Mayor?


Ruling:

No.  Article X, §8 of the Constitution provides:

SEC. 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.

This provision is restated in §43(b) of the Local Government Code (R.A. No. 7160):

Sec. 43.  Term of Office - . . .

(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….

A textual analysis supports the ruling of the COMELEC that Art. X, §8  contemplates service by local officials for three consecutive terms as a result of election. 

The first sentence speaks of “the term of office of elective local officials” and bars “such official[s]” from serving for more than three consecutive terms. 

The second sentence, in explaining when an elective local official may be deemed to have served his full term of office, states that “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 term served must therefore be one “for which [the official concerned] was elected.”  The purpose of this provision is to prevent a circumvention of the limitation on the number of terms an elective official may serve.  Conversely, if he is not serving a term for which he was elected because he is simply continuing the service of the official he succeeds, such official cannot  be considered to have fully served the term now withstanding his voluntary renunciation of office prior to its expiration.

Reference is made to Commissioner Bernas’ comment on Art. VI, §7, which similarly bars members of the House of Representatives from serving for more than three terms.  Commissioner Bernas states that “if one is elected Representative to serve the unexpired term of another, that unexpired term, no matter how short, will be considered one term for the purpose of computing the number of successive terms allowed.”

This is actually based on the opinion expressed by Commissioner Davide in answer to a query of Commissioner Suarez:  “For  example, a special election is called for a Senator, and the Senator newly elected  would have to serve the unexpired portion of the term.  Would that mean that serving the unexpired portion of the term is already considered one term?  So, half a term, which is actually the correct statement, plus one term would disqualify the Senator concerned from running?  Is that the meaning of this provision on disqualification, Madam President?”  Commissioner Davide said:  “Yes, because we speak of “term” and if there is a special election, he will serve only for the unexpired portion of that particular term plus one more term for the Senator and two more terms for the Members of the Lower House.”

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.



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