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Legal OpinionS
Legal OpinionS
Legal OpinionS
14 NOV 2015
(a) The term of office of all local elective officials elected after the
effectivity of this Code shall be three (3) years, starting from noon of
June 30, 1992 or such date as may be provided for by law, except
that of elective barangay officials: Provided, That all local officials
first elected during the local elections immediately following the
ratification of the 1987 Constitution shall serve until noon of June
30, 1992.
(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.
Xxx."
The aforementioned law is categorical that the three (3) consecutive term limit rule
among local elective officials applies only to the same position to which the local official
concerned was elected. On this, please be apprised that this Department had already
answered a similar query in DILG Opinion No. 17, s. 2015. In the said Opinion, we
opined, citing the pronouncement of Supreme Court in the case of Borja vs. COMELEC, viz:
In a nutshell, the three-term limit rule applies only if the official was duly
elected to the same position for three (3) consecutive terms, not by succession. To
emphasize, the three-term limit of elected local officials is not applicable to a term
acquired through succession. Such as the herein case. It is noteworthy to mention that in
the instant case, Hernandez's assumption of office as governor in 2014-2016 is merely a
result of succession pursuant to the rules on succession under the Local Government
Code. Ergo, we concur with your Opinion that the tenure of Hernandez as governor of
Laguna from 2014-2016 cannot be treated as one term for the purpose of applying Section
43 of the Local Government Code.
Anent the second query, we answer in the affirmative. Please be apprised that this
Department, in several opinions concerning the consecutiveness of the terms of local
government officials had applied the tests laid down by the Supreme Court in the case of
Borja vs. COMELEC in determining the applicability of the three-term limit rule on local
elective officials.
Thank you.
MARIV L C. SACENDONCILLO
Undersecr tary for Local Government
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