SALVADOR, JOSHUA PHILIPPE S.

2C
MONTEBON v COMMISSION ON ELECTIONS
551 SCRA 50 (2008)

FACTS:
Petitioners Montebon and Ondy and respondent Potencioso Jr. were candidates for municipal
councilor of the Municipality of Tuburan, Cebu for the May 14, 2007 Synchronized National and
Local Elections. On April 30, 2007 the petitioners filed with the Commission on Elections a
petition for disqualification against respondent Sesinando F. Potencioso Jr. alleging that
Potencioso had been elected and served three consecutive terms as a municipal councilor in the
years 1998-2001, 2001-2004, and 2004-2007 and because of this he should be forbidden from
running for the same position in the 2007 elections for it will be his fourth consecutive term.
Potencioso Jr. admitted that he has been elected for three consecutive terms as Municipal
Councilor. However, he is claiming that his second term in the year 2001-2004 was interrupted
on July 12, 2004 when he has succeeded as a vice mayor of Tuburan because of the retirement of
Vice Mayor Petronilo Mendoza, therefore he should not be disqualified for running for
Municipal Councilor in the 2007 elections.
The petitioners then stated in their memorandum that Potencioso’s taking over as a Vice Mayor
in January 2004 should be considered as an interruption during his second term as a Municipal
Councilor since it was a voluntary renunciation of his office. Petitioners stated that according to
the law, a voluntary renunciation for any length of time is not considered as an interruption in the
continuity of service for the full term for which the official concerned was elected.
ISSUE:
W/N the assumption of Potencioso’s taking over as a Vice Mayor considered an involuntary
severace or interruption?
RULING:
Yes. Succession in local government offices is by operation of law. Section 44 of RA 7160, also
known as the Local Government Code, provides that if a permanent vacancy occurs in the office
of the vice mayor, the highest ranking sanggunian member shall become Vice Mayor.

SEC. 44. Permanent Vacancies in the Offices of the Governor, Vice Governor, Mayor,
and Vice Mayor. – (a) If a permanent vacancy occurs in the office of the governor or
mayor, the vice governor or vice mayor concerned shall become the governor or mayor.
If a permanent vacancy occurs in the offices of the governor, vice governor, mayor or
vice mayor, the highest ranking sanggunian member or, in case of his permanent
inability, the second highest ranking sanggunian member, shall become the governor,
vice governor, mayor or vice mayor, as the case may be. Subsequent vacancies in the said
office shall be filled automatically by the other sanggunian members according to their
ranking as defined herein.

In this case, the retirement of Vice Mayor Mendoza led to the permanent vacancy of the
office of the Vice Mayor, the respondent, being the highest ranking municipal councilor,
succeeded him in accordance with the law. The respondent’s assumption office as a vice-
mayor in January 2004 was an involuntary severance which resulted to an interruption in
his service as a Municipal Councilor in the year 2001-2004. Section 44 of the Local
Government code does not accept refusal from the legal successor to take the vacant
office. The official concerned for some reason must be permanently unable to succeed
and occupy the post vacated in order to negate such succession.