This case involves a petition challenging respondent Marino Morales' eligibility to run for Mayor of Mabalacat, Pampanga in the 2007 election on the basis that he has already served three consecutive terms. The Supreme Court ruled that Morales' disqualification and removal from office in May 2007 during his 2004-2007 term interrupted his continuity of service, and thus that term does not count for purposes of the three-term limit. Therefore, Morales' 2007-2010 term is considered his first term and he is eligible to run. The Court affirmed the COMELEC's decision allowing Morales' candidacy for the 2007 election.
This case involves a petition challenging respondent Marino Morales' eligibility to run for Mayor of Mabalacat, Pampanga in the 2007 election on the basis that he has already served three consecutive terms. The Supreme Court ruled that Morales' disqualification and removal from office in May 2007 during his 2004-2007 term interrupted his continuity of service, and thus that term does not count for purposes of the three-term limit. Therefore, Morales' 2007-2010 term is considered his first term and he is eligible to run. The Court affirmed the COMELEC's decision allowing Morales' candidacy for the 2007 election.
This case involves a petition challenging respondent Marino Morales' eligibility to run for Mayor of Mabalacat, Pampanga in the 2007 election on the basis that he has already served three consecutive terms. The Supreme Court ruled that Morales' disqualification and removal from office in May 2007 during his 2004-2007 term interrupted his continuity of service, and thus that term does not count for purposes of the three-term limit. Therefore, Morales' 2007-2010 term is considered his first term and he is eligible to run. The Court affirmed the COMELEC's decision allowing Morales' candidacy for the 2007 election.
COMMISSION ON ELECTIONS It is worthy to emphasize that the Supreme Court ruled
MARINO P. MORALES (Jan 30, 2009 GR 182088) that respondent has violated the three-term limit his failure to qualify for the 2004 elections is a gap and allows him to FACTS CARPIO, J.: run again for the same position in the May 14, 2007 National and Local Elections. Dizon, hereinafter referred to as petitioner, is a resident and taxpayer of the Municipality of Mabalacat, COMELEC En Banc affirmed the resolution of the Pampanga. Marino P. Morales, hereinafter referred to as COMELEC Second Division. respondent, is the incumbent Mayor of the Municipality of Mabalacat, Pampanga. Dizon submits that the factual findings made in the Rivera case should still be applied in the present case Petitioner alleges respondent was proclaimed as the because Morales had, except for one month and 14 days, municipal mayor of Mabalacat, Pampanga during the served the full term of 2004-2007. Morales assumption of 1995, 1998, 2001 and 2004 elections and has fully served the mayoralty position on 1 July 2007 makes the 2007- the same. Respondent filed his COC on March 28, 2007 2010 term Morales fifth term in office. again for the same position and same municipality. ISSUE: WON the period served by Morales in the 2004-- Petitioner argues that respondent is no longer eligible and 2007 term (although he was ousted from his office as qualified to run for the same position for the May 14, 2007 Mayor on May16, 2007) should be considered his fourth elections under Section 43 of the Local Government Code term (NO) of 1991. Under the said provision, no local elective official is allowed to serve for more than three (3) consecutive WON 2007-2010: Morales Fifth Term? (NO) terms for the same position. RULING Respondent, on the other hand, asserts that he is still The present case covers a situation wherein we have eligible and qualified to run as Mayor of the Municipality of previously ruled that Morales had been elected to the Mabalacat, Pampanga because he was not elected for the same office and had served three consecutive terms, and said position in the 1998 elections. He avers that the wherein we disqualified and removed Morales during his Commission en banc, entitled Atty. Venancio Q. Rivera III fourth term. Dizon claims that Morales is currently serving and Normandick P. De Guzman vs. Mayor Marino P. his fifth term as mayor. Is the 2007-2010 term really Morales, affirmed the decision of the RTC of Angeles City Morales fifth term? declaring Anthony D. Dee as the duly elected Mayor of Mabalacat, Pampanga in the 1998 elections. In our decision promulgated on 9 May 2007, this Court unseated Morales during his fourth term. We cancelled his Respondent alleges that his term should be reckoned from Certificate of Candidacy dated 30 December 2003. This 2001 or when he was proclaimed as Mayor of Mabalacat, cancellation disqualified Morales from being a candidate in Pampanga. Respondent further asserts that his election in the May 2004 elections. The votes cast for Morales were 2004 is only for his second term. Hence, the three term considered stray votes. rule provided under the Local Government Code is not applicable to him. For purposes of determining the resulting disqualification brought about by the three-term limit, it is not enough that Respondent further argues that the grounds stated in the an individual has served three consecutive terms in an instant petition are not covered under Section 78 of the elective local office, he must also have been elected to the Omnibus Election Code. Respondent further contend [sic] same position for the same number of times.[6] There that even if it is covered under the aforementioned should be a concurrence of two conditions for the provision, the instant petition failed to allege any material application of the disqualification: (1) that the official misrepresentation in the respondents Certificate of concerned has been elected for three consecutive terms in Candidacy. the same local government post and (2) that he has fully served three consecutive terms. The Ruling of the COMELEC Second Division In the Rivera case, we found that Morales was elected as mayor of Mabalacat for four consecutive terms: 1 Respondent was elected as mayor of Mabalacat from July July 1995 to 30 June 1998, 1 July 1998 to 30 June 2001, 1 1, 1995 to June 30, 1998. There was no interruption of his July 2001 to 30 June 2004, and 1 July 2004 to 30 June second term from 1998 to 2001. He was able to exercise 2007. We disqualified Morales from his candidacy in the May the powers and enjoy the position of a mayor as caretaker 2004 elections because of the three-term limit. Although the of the office or a de facto officer until June 30, 2001 trial court previously ruled that Morales proclamation for the notwithstanding the Decision of the RTC in an electoral 1998-2001 term was void, there was no interruption of the protest case. He was again elected as mayor from July 1, continuity of Morales service with respect to the 1998-2001 2001 to June 30, 2003 [sic]. term because the trial courts 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 mayors 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.
2nd Issue: 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:
1995-1998 1998-2001 2001-2004 2004-2007.
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 2004-2007 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.
Socrates vs COMELEC, 391 SCRA 457; G.R. No. 154512, November 12, 2002 (Local Government, Recall Election: Exception to the 3 term limit) Facts: COMELEC gave due course to the Recall Resolution against Mayor Socrates of the City of Puerto Princesa, and scheduled the recall election on September 7, 2002. On August 23, 2002, Hagedorn filed his COC for mayor in the recall election. Different petitioners filed their respective petitions, which were consolidated seeking the disqualification of Hagedorn to run for the recall election and the cancellation of his COC on the ground that the latter is disqualified from running for a fourth consecutive term, having been elected and having served as mayor of the city for three (3) consecutive full terms in 1992, 1995 and 1998 immediately prior to the instant recall election for the same post. COMELEC’s First Division dismissed in a resolution the petitioner for lack of merit. And COMELEC declared Hagedorn qualified to run in the recall election.